[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Proposed Rules]
[Pages 8436-8438]
[FR Doc No: 2022-03133]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0010; Project Identifier AD-2021-00850-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 787-8, 787-9, and 787-10
airplanes. This proposed AD was prompted by a report that during a C-
check, corrosion was found in the vertical fin tension bolt hole
located in the aluminum crown frames at Section 48. This proposed AD
would require inspecting certain vertical fin tension bolt holes;
reviewing the bolt sealant application installation procedure in the
existing maintenance or inspection program, as applicable; checking
maintenance records to determine the replacement status of vertical fin
tension bolts; and doing applicable on-condition actions. The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 1,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this referenced service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0010.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0010; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Greg Rutar, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0010; Project Identifier
AD-2021-00850-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted

comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Greg
Rutar, Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3529; email: [email protected]. Any commentary that the FAA receives
which is not specifically designated as CBI will be placed in the
public docket for this rulemaking.

Background

    The FAA has received a report indicating that during a C-check,
corrosion was found in the vertical fin tension bolt hole located in
the aluminum crown frames at Section 48. Upon further investigation, it
was found that the corrosion was caused by insufficient sealant
application during the vertical fin tension bolt installation. This
condition, if not addressed, could result in undetected corrosion.
Undetected corrosion in this location could lead to the structure
falling below residual strength requirements and the loss of the
vertical fin, which could result in loss of control of the airplane.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin B787-81205-
SB550010-00 RB, Issue 001, dated May 24, 2021. This service information
specifies, depending on airplane configuration, procedures for a
detailed inspection of the vertical fin tension bolt holes (16
locations) in the aluminum crown frames, composite deck, and root
fittings for corrosion and finish degradation; a review of the existing
maintenance or inspection program, as applicable, related to the
vertical fin tension bolt installation procedure to determine if the
sealant application is correct; a review of the maintenance records to
determine if a vertical fin tension bolt has been replaced and to
determine the sealant application procedure that was used; and
applicable on-condition actions. On-condition actions include applying
sealant and installing new vertical fin tension bolts and barrel nuts;
revising the existing maintenance or inspection program, as applicable,
to include the minimum requirement for the correct vertical fin tension
bolt sealant application procedure; a detailed inspection for corrosion
and finish degradation of only the affected vertical fin tension bolt
holes in the aluminum crown frame, composite deck, and root fittings;
and repair. This service information is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described. For information on the
procedures and compliance times, see this service information at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2022-0010.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 116 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection (16 locations), sealant      5.2 work-hours x $85 per         $20,580         $21,022      $2,438,552
 application, and bolt/nut               hour = $442.
 installation.
Review the existing maintenance or      1 work-hour x $85 per                  0              85           9,860
 inspection program, as applicable.      hour = $85.
Records review........................  1 work-hour x $85 per                  0              85           9,860
                                         hour = $85.
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    The FAA estimates the following costs to do any necessary detailed
inspection of the affected holes that would be required based on the
results of the proposed actions. The agency has no way of determining
the number of aircraft that might need these on-condition actions:

                                              On-Condition Costs *
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Inspection....................................  5 work-hours x $85 per hour =                 $0            $425
                                                 $425.
----------------------------------------------------------------------------------------------------------------
* Does not include cost of revising the maintenance program.

    The FAA has determined that revising the existing maintenance or
inspection program, if required, takes an average of 90 work-hours per
operator, although the agency recognizes that this number may vary from
operator to operator. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the average total cost
per operator to be $7,650 (90 work-hours x $85 per work-hour).
    The FAA has received no definitive data on which to base the cost
estimates for the repair specified in this proposed AD.
    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

The Boeing Company: Docket No. FAA-2022-0010; Project Identifier AD-
2021-00850-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by April 1, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 787-8, 787-9, and
787-10 airplanes, certificated in any category, as identified in
Boeing Alert Requirements Bulletin B787-81205-SB550010-00 RB, Issue
001, dated May 24, 2021.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by a report that during a C-check,
corrosion was found in the vertical fin tension bolt hole located in
the aluminum crown frames at Section 48. The FAA is issuing this AD
to address undetected corrosion, which could lead to the structure
falling below residual strength requirements and the loss of the
vertical fin, and result in loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin B787-81205-SB550010-00 RB, Issue 001,
dated May 24, 2021, do all applicable actions identified in, and in
accordance with, the Accomplishment Instructions of Boeing Alert
Requirements Bulletin B787-81205-SB550010-00 RB, Issue 001, dated
May 24, 2021.
    Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
B787-81205-SB550010-00, Issue 001, dated May 24, 2021, which is
referred to in Boeing Alert Requirements Bulletin B787-81205-
SB550010-00 RB, Issue 001, dated May 24, 2021.

(h) Exceptions to Service Information Specifications

    (1) Where the Compliance Time columns of the tables in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin B787-
81205-SB550010-00 RB, Issue 001, dated May 24, 2021, uses the phrase
``the Issue 1 date of Requirements Bulletin B787-81205-SB550010-00
RB,'' this AD requires using ``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin B787-81205-
SB550010-00 RB, Issue 001, dated May 24, 2021, specifies contacting
Boeing for repair instructions: This AD requires doing the repair
using a method approved in accordance with the procedures specified
in paragraph (i) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in paragraph (j) of this AD. Information may be emailed
to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.

(j) Related Information

    (1) For more information about this AD, contact Greg Rutar,
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email: [email protected].
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on January 14, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-03133 Filed 2-14-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60737-60738]
[FR Doc No: 2015-25496]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0384]

Qualification of Drivers; Application for Exemptions; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to grant requests from 12
individuals for exemptions from the Agency's physical qualifications
standard concerning hearing for interstate drivers. The current
regulation prohibits hearing impaired individuals from operating CMVs
in interstate commerce. After notice and opportunity for public
comment, the Agency concluded that granting exemptions for these
drivers to operate property-carrying CMVs will provide a level of
safety that is equivalent to or greater than the level of safety
maintained without the exemptions. The exemptions are valid for a 2-
year period and may be renewed, and the exemptions preempt State laws
and regulations.

DATES: The exemptions are effective October 7, 2015. The exemptions
expire on October 10, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Office of Carrier, Driver and Vehicle Safety,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

A. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov and/or Room W12-140 on the ground
level of the West Building, 1200 New Jersey Avenue SE, Washington, DC,
between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal
holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

B. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the safety regulations for a 2-year period if it finds ``such
exemption would likely achieve a level of safety that is equivalent to
or greater than the level that would be achieved absent such
exemption.'' The statute also allows the Agency to renew exemptions at
the end of the 2-year period. The current provisions of the FMCSRs
concerning hearing state that a person is physically qualified to drive
a CMV if that person:

    First perceives a forced whispered voice in the better ear at
not less than 5 feet with or without the use of a hearing aid or, if
tested by use of an audiometric device, does not have an average
hearing loss in the better ear greater than 40 decibels at 500 Hz,
1,000 Hz, and 2,000 Hz with or without a hearing aid when the
audiometric device is calibrated to American National Standard
(formerly ASA Standard) Z24.5--1951.

49 CFR 391.41(b)(11). This standard was adopted in 1970, with a
revision in 1971 to allow drivers to be qualified under this standard
while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36
FR 12857 (July 3, 1971).
    FMCSA grants 12 individuals an exemption from Sec.  391.41(b)(11)
concerning hearing to enable them to operate property-carrying CMVs in
interstate commerce for a 2-year period. The Agency's decision on these
exemption applications is based on the current medical literature and
information and the ``Executive Summary on Hearing, Vestibular Function
and Commercial Motor Driving Safety'' (the 2008 Evidence Report)
presented to FMCSA on August 26, 2008. The evidence report reached two
conclusions regarding the matter of hearing loss and CMV driver safety:
(1) No studies that examined the relationship between hearing loss and
crash risk exclusively among CMV drivers were identified; and (2)
evidence from studies of the private driver license holder population
does not support the contention that individuals with hearing
impairment are at an increased risk for a crash. In addition, the
Agency reviewed each applicant's driving record found in the CDLIS,\1\
for CDL holders, and inspections recorded in MCMIS.\2\ For non-CDL
holders, the Agency reviewed the driving records from the State
licensing agency. Each applicant's record demonstrated a safe driving
history. The Agency believes the drivers covered by the exemptions do
not pose a risk to public safety.
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    \1\ Commercial Driver License Information System (CDLIS) is an
information system that allows the exchange of commercial driver
licensing information among all the States. CDLIS includes the
databases of 51 licensing jurisdictions and the CDLIS Central Site,
all connected by a telecommunications network.
    \2\ Motor Carrier Management Information System (MCMIS) is an
information system that captures data from field offices through
SAFETYNET, CAPRI, and other sources. It is a source for FMCSA
inspection, crash, compliance review, safety audit, and registration
data.
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C. Comments

    On May 8, 2015, FMCSA published a notice of receipt of exemption
applications and requested public comment on 12 individuals (FR 80
26610; Docket number FMCSA-2015-11121. The comment period ended on June
8, 2015. In response to this notice, one comment was received
expressing safety concerns for the far reaching ramifications to the
commercial driving industry of allowing deaf drivers to test, train
and/or drive commercially. Some of these concerns were addressed in a
previous notice. Additionally they expressed concern for the process by
which exemptions are granted from parts of 49 CFR 391.41, the increased

volume of exemptions, and the need to rely on scientific support as a
basis for granting the exemptions. FMCSA acknowledges the stakeholder's
concerns and may consider the initial steps to revising the physical
qualification standards through a formal rulemaking process.

D. Exemptions Granted

    Following individualized assessments of the exemption applications,
FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 12 individuals.
Under current FMCSA regulations, all of the 12 drivers receiving
exemptions from 49 CFR 391.41(b)(11) would have been considered
physically qualified to drive a CMV in interstate commerce except that
they do not meet the hearing requirement. FMCSA has determined that the
following 12 applicants should be granted an exemption:

Thomas M. Carr

    Mr. Carr, 50, holds a Class B commercial driver's license (CDL) in
Pennsylvania.

Randy Ray Griffin

    Mr. Griffin, 50, holds an operator's license in California.

William Hall

    Mr. Hall, 35, holds an operator's license in Alabama.

Robert Chance Hayden

    Mr. Hayden, 29, holds an operator's license in Florida.

Robert J. Knapp

    Mr. Knapp, 47, holds an operator's license in Wisconsin.

Keith P. Miller

    Mr. Miller, 37, holds an operator's license in Pennsylvania.

Ramoncito Sanchez

    Mr. Sanchez, 34, holds an operator's license in Texas.

Bradly D. Sexton

    Mr. Sexton, 36, holds an operator's license in Oklahoma.

Sandy L. Sloat

    Ms. Sloat, 34, holds an operator's license in Texas.

Robert A. Toler

    Mr. Toler, 31, holds an operator's license in Missouri.

Jeffry B. Webber

    Mr. Webber, 53, holds an operator's license in Oklahoma.

Michael K. Wilkes

    Mr. Wilkes, 50, holds an operator's license in Massachusetts.

Basis For Exemption

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the hearing standard in 49 CFR 391.41(b)(11) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. With the exemption, applicants can
drive in interstate commerce. Thus, the Agency's analysis focuses on
whether an equal or greater level of safety is likely to be achieved by
permitting each of these drivers to drive in interstate commerce as
opposed to restricting him or her to driving in intrastate commerce.
The driver must comply with the terms and conditions of the exemption.
This includes reporting any crashes or accidents as defined in 49 CFR
390.5 and reporting all citations and convictions for disqualifying
offenses under 49 CFR part 383 and 49 CFR 391.

Conclusion

    The Agency is granting exemptions from the hearing standard, 49 CFR
391.41(b)(11), to 12 individuals based on an evaluation of each
driver's safety experience. Safety analysis of information relating to
these 12 applicants meets the burden of showing that granting the
exemptions would achieve a level of safety that is equivalent to or
greater than the level that would be achieved without the exemption. In
accordance with 49 U.S.C. 31315, each exemption will be valid for 2
years from the effective date with annual recertification required
unless revoked earlier by FMCSA. The exemption will be revoked if the
following occurs: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained prior to being granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and 31315.
    FMCSA exempts the following 12 drivers for a period of 2 years from
the physical qualification standard concerning hearing: Thomas M. Carr
(PA); Randy Ray Griffin (CA); William Hall (AL); Robert Chance Hayden
(FL); Robert J. Knapp (WI); Keith P. Miller (PA); Ramoncito Sanchez
(TX); Bradly D. Sexton (OK); Sandy L. Sloat (TX); Robert A. Toler (MS);
Jeffry B. Webber (OK); and Michael K. Wilkes (MA).

     Dated: September 28, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-25496 Filed 10-6-15; 8:45 am]
 BILLING CODE 4910-EX-P