[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Proposed Rules]
[Pages 26487-26490]
[FR Doc No: 2015-10948]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1277; Directorate Identifier 2014-NM-155-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus Model A319, A320, and A321 series airplanes. This
proposed AD was prompted by fatigue testing that determined fatigue
damage could appear on clips, shear webs, and angles at certain rear
fuselage sections and certain frames. This proposed AD is intended to
complete certain mandated programs intended to support the airplane
reaching its limit of validity (LOV) of the engineering data that
support the established structural maintenance program. This proposed
AD would require replacing the clips, the shear webs, and angles,
including doing all applicable related investigative

actions, and repair if necessary. We are proposing this AD to prevent
fatigue damage on the clips, shear webs, and angles, which could affect
the structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by June 22, 2015.

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 http://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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1277; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-1277;
Directorate Identifier 2014-NM-155-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    As described in FAA Advisory Circular 120-104 (http://www.faa.gov/documentLibrary/media/Advisory_Circular/120-104.pdf), several programs
have been developed to support initiatives that will ensure the
continued airworthiness of aging airplane structure. The last element
of those initiatives is the requirement to establish a limit of
validity (LOV) of the engineering data that support the structural
maintenance program under 14 CFR 26.21. This proposed AD is the result
of an assessment of the previously established programs by the DAH
during the process of establishing the LOV for Airbus Model A319, A320,
and A321 series airplanes. The actions specified in this proposed AD
are necessary to complete certain programs to ensure the continued
airworthiness of aging airplane structure and to support an airplane
reaching its LOV.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0177, dated July 25, 2014 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus Model
A319, A320, and A321 series airplanes. The MCAI states:

    During the A320 fatigue test campaign for Extended Service Goal
(ESG), it was determined that fatigue damage could appear on the
clips, shear webs and angles at rear fuselage section 19, on Frame
(FR) 72 and FR74.
    This condition, if not detected and corrected, could affect the
structural integrity of the aeroplane.
    To address this potential unsafe condition, Airbus developed a
modification, which has been published through Airbus Service
Bulletin (SB) A320-53-1266 for in-service application to allow
aeroplanes to operate up to the new ESG limit.
    For the reasons described above, this [EASA] AD requires
replacement of the affected clips, shear webs and angles at rear
fuselage section 19, FR72 and FR74 [including all applicable related
investigative actions and repair if any cracking is found].

    Related investigative actions include rotating probe testing for
cracking of the fastener holes and high frequency eddy current
inspections for cracking of the stringers. You may examine the MCAI in
the AD docket on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2015-1277.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-53-1266, Revision 01, dated
June 20, 2013. This service information describes procedures for
replacing clips, shear webs, and angles at rear fuselage section 19,
FR72 and FR74. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI. 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 the ADDRESSES section of this NPRM.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 44 airplanes of U.S.
registry.
    We also estimate that it would take about 110 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Based on these figures, we
estimate the cost of this proposed AD on U.S. operators to be $411,400,
or $9,350 per product.
    We have received no definitive data on the costs of required parts.
    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby

reducing the cost impact on affected individuals. We do not control
warranty coverage for affected individuals. As a result, we have
included all costs in our cost estimate.

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.
    We are 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

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will 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 (AD):

Airbus: Docket No. FAA-2015-1277; Directorate Identifier 2014-NM-
155-AD.

(a) Comments Due Date

    We must receive comments by June 22, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category,
all manufacturer serial numbers, except those on which Airbus
Modification 30975 has been embodied in production.
    (1) Airbus Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes.
    (2) Airbus Model A320-211, -212, -214, -231, -232, and -233
airplanes.
    (3) Airbus Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by fatigue testing that determined fatigue
damage could appear on clips, shear webs, and angles at certain rear
fuselage sections and certain frames. This AD is intended to
complete certain mandated programs intended to support the airplane
reaching its limit of validity (LOV) of the engineering data that
support the established structural maintenance program. We are
issuing this AD to prevent fatigue damage on the clips, shear webs,
and angles, which could affect the structural integrity of the
airplane.

(f) Compliance

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

(g) Replacement

    At the later of the times specified in paragraphs (g)(1) and
(g)(2) of this AD: Replace the clips, shear webs, and angles at rear
fuselage section 19, frame (FR)72 and FR74, and do all applicable
related investigative actions before further flight, in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A320-53-1266, Revision 01, dated June 20, 2013. If any crack is
found during any related investigative action required by this AD:
Before further flight, repair using a method approved by the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the European Aviation Safety Agency (EASA); or
Airbus's EASA Design Organization Approval (DOA).
    (1) Before exceeding 48,000 flight cycles or 96,000 flight
hours, whichever occurs first since the airplane's first flight.
    (2) Within 30 days after the effective date of this AD.

(h) Additional Replacement for Airplanes on Which the Replacement
Required by Paragraph (g) of This AD Is Done Before 30,000 Flight
Cycles or 60,000 Flight Hours

    For airplanes on which the replacement of clips, shear webs, and
angles specified in Airbus Service Bulletin A320-53-1266 is done
before accumulating 30,000 flight cycles or 60,000 flight hours,
whichever occurred first since the airplane's first flight: Within
30,000 flight cycles or 60,000 flight hours, whichever occurs first
after that replacement, do the replacement specified in paragraph
(g) of this AD.

(i) Credit for Previous Actions

    Except as required by paragraph (h) of this AD: This paragraph
provides credit for the replacement required by paragraph (g) of
this AD, if those actions were performed before the effective date
of this AD using Airbus Service Bulletin A320-53-1266, dated January
11, 2013, which is not incorporated by reference in this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA;
or Airbus's EASA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2014-0177, dated July 25, 2014,
for related information. This MCAI may be found in the AD docket on
the Internet at http://www.regulations.gov by

searching for and locating Docket No. FAA-2015-1277.
    (2) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Renton, Washington, on April 29, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-10948 Filed 5-7-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Rules and Regulations]
[Pages 24034-24036]
[FR Doc No: 2022-08543]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1169; Project Identifier AD-2021-01011-T;
Amendment 39-22008; AD 2022-08-05]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 737-800 series airplanes. This AD was
prompted by the determination that insufficient sealing may allow water
to enter the lower lobe electronic equipment (EE) bay through the main
deck floor structure at the rigid cargo barrier (RCB), which could
cause damage to EE bay line replacement units (LRUs) in the E5 rack.
This AD requires detailed inspections for the presence and condition of
sealant at certain locations and applicable on-condition actions. This
AD also requires replacing the moisture barrier tape at a certain
location, replacing the weather seal at a certain location, and
installing seat track fillers. The FAA is issuing this AD to address
the unsafe condition on these products.

DATES: This AD is effective May 27, 2022
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 27,
2022.

ADDRESSES: For service information identified in this final rule,
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 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-2021-1169.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1169; 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 final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Courtney Tuck, Aerospace Engineer,
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3986; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain The Boeing
Company Model 737-800 series airplanes. The

NPRM published in the Federal Register on January 26, 2022 (87 FR
3946). The NPRM was prompted by the determination that insufficient
sealing may allow water to enter the lower lobe EE bay through the main
deck floor structure at the RCB, which could cause damage to EE bay
LRUs in the E5 rack. In the NPRM, the FAA proposed to require detailed
inspections for the presence and condition of sealant at certain
locations and applicable on-condition actions. The NPRM also proposed
to require replacing the moisture barrier tape at a certain location,
replacing the weather seal at a certain location, and installing seat
track fillers. The FAA is issuing this AD to address water ingress in
the lower lobe EE bay, which could result in water damage to the air
data inertial reference units and flight management computers during
flight, leading to a complete loss of data to primary flight displays
and electronic navigation functions, which could prevent continued safe
flight and landing.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association,
International (ALPA), Boeing, and an individual, who supported the NPRM
without change.
    The FAA received an additional comment from Aviation Partners
Boeing (APB). The following presents the comment received on the NPRM
and the FAA's response to the comment.

Effect of Winglets on Accomplishment of the Proposed Actions

    APB stated that the installation of winglets per Supplemental Type
Certificate (STC) ST00830SE does not affect compliance with the
mandated actions in the proposed rule.
    The FAA agrees with the commenter. Therefore, the installation of
STC ST00830SE does not affect the ability to accomplish the actions
required by this AD. The FAA has not changed this AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 737-53A1401 RB,
dated April 27, 2021. This service information specifies procedures for
detailed inspections of the forward main deck cargo compartment floor
to RCB, floor panel joints, drain troughs, seat track splices, and, for
some airplanes, the lower lobe E5 rack drain pan shroud for sealant
condition and application, and applicable on-condition actions. This
service information also specifies procedures for replacing the main
deck cargo door weather seal, replacing the moisture barrier tape on
the forward main deck cargo compartment floor, and installing seat
track fillers in the EE bay. On-condition actions include repair,
removing existing sealant, and applying new sealant. 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.

Costs of Compliance

    The FAA estimates that this AD affects 7 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Action                          Labor cost                   Parts cost                Cost per product         Cost on U.S.  operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspect sealant.....................  Up to 12 work-hours x $85    $0.........................  Up to $1,020...............  Up to $7,140.
                                       per hour = Up to $1,020.
Remove/reinstall drain trough.......  Up to 15 hours x $85 per     Negligible.................  Up to $1,275...............  Up to $8,925.
                                       hour = Up to $1,275.
Replace weather seal................  Up to 7 work-hours x $85     $9,680.....................  Up to $10,275..............  Up to $71,925.
                                       per hour = Up to $595.
Replace barrier tape................  Up to 20 work-hours x $85    Negligible.................  Up to $1,700...............  Up to $11,900.
                                       per hour = Up to $1,700.
Install seat track filler...........  Up to 2 work-hours x $85     Negligible.................  Up to $170.................  Up to $1,190.
                                       per hour = Up to $170.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The agency has no way of determining the number of aircraft
that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
               Action                          Labor cost                    Parts cost               product
----------------------------------------------------------------------------------------------------------------
Install or replace sealant..........  26 work-hours x $85 per hour  Negligible..................          $2,210
                                       = $2,210.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this 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 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

    This AD will not have federalism implications under Executive Order
13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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:

2022-08-05 The Boeing Company: Amendment 39-22008; Docket No. FAA-
2021-1169; Project Identifier AD-2021-01011-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 27, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-800 series
airplanes, certificated in any category, as identified in Boeing
Alert Requirements Bulletin 737-53A1401 RB, dated April 27, 2021.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by the determination that insufficient
sealing may allow water to enter the lower lobe electronic equipment
(EE) bay through the main deck floor structure at the rigid cargo
barrier, which could cause damage to EE bay line replacement units
in the E5 rack. The FAA is issuing this AD to address water ingress
in the lower lobe EE bay, which could result in water damage to the
air data inertial reference units and flight management computers
during flight, leading to a complete loss of data to primary flight
displays and electronic navigation functions, which could prevent
continued safe flight and landing.

(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 737-53A1401 RB, dated April 27, 2021, do
all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
737-53A1401 RB, dated April 27, 2021.
    Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
737-53A1401, dated April 27, 2021, which is referred to in Boeing
Alert Requirements Bulletin 737-53A1401 RB, dated April 27, 2021.

(h) Exceptions to Service Information Specifications

    (1) Where the Compliance Time column of the tables in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 737-
53A1401 RB, dated April 27, 2021, uses the phrase ``the original
issue date of Requirements Bulletin 737-53A1401 RB,'' this AD
requires using ``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 737-53A1401 RB,
dated April 27, 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

    For more information about this AD, contact Courtney Tuck,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax:<PHONE_NUMBER>; email: [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin 737-53A1401 RB, dated
April 27, 2021.
    (ii) [Reserved]
    (3) 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.
    (4) You may view this 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>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-08543 Filed 4-21-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Rules and Regulations]
[Pages 29819-29820]
[FR Doc No: 2023-09800]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0138; Airspace Docket No. 22-ASO-20]
RIN 2120-AA66

Establishment of Class E Airspace; Calvert, KY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface for Kentucky Dam State Park Airport, Calvert
City, KY, to accommodate area navigation (RNAV) global positioning
system (GPS) standard instrument approach procedures (SIAPs) serving
this airport.

DATES: Effective 0901 UTC, August 10, 2023. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, contact the Rules
and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it establishes airspace in Culvert, KY, to support IFR operations in
the area.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2023-0138 in the Federal Register (88 FR 13740, March 6, 2023), to
establish Class E airspace extending upward from 700 feet above the
surface at Kentucky Dam State Park Airport, Calvert City, KY, to
accommodate RNAV GPS standard instrument approach procedures (SIAPs)
serving this airport.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.

Incorporation by Reference

    Class E airspace designations are published in Paragraph 6005 of
FAA Order JO 7400.11, Airspace Designations and Reporting Points,
incorporated by reference in 14 CFR 71.1 annually. This document amends
the current version of that order, FAA Order JO 7400.11G, dated August
19, 2022, and effective September 15, 2022. These updates will
subsequently be published in the next update to FAA Order JO 7400.11.
FAA Order JO 7400.11G is publicly available as listed in the ADDRESSES
section of this document. These amendments will be published in the
next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic routes, and reporting points.

The Rule

    The FAA is amending 14 CFR part 71 by establishing Class E airspace
extending upward from 700 feet above the surface within a 6.5-mile
radius of Kentucky Dam State Park Airport, Calvert City, KY, and
creating an extension to the east to accommodate RNAV GPS standard
instrument approach procedures (SIAPs) serving this airport. Controlled
airspace is necessary for the safety and management of instrument
flight rules (IFR) operations in the area.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is minimal. Since
this is a routine matter that only affects air traffic procedures and
air navigation, it is certified that this rule, when promulgated, does
not have a significant economic impact on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a.
    This airspace action is not expected to cause any potentially
significant environmental impacts, and no extraordinary circumstances
warrant the preparation of an environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO KY E5 Calvert, KY [Established]

Kentucky Dam State Park Airport, KY
    (Lat 37[deg]00'35'' N, long 88[deg]17'58'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Kentucky Dam State Park Airport and
4 miles on each side of the 098[deg] bearing from the airport
extending from the 6.5-mile radius to 9.2 miles east of the airport.

    Issued in College Park, Georgia, on May 3, 2023.
Lisa E. Burrows,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-09800 Filed 5-8-23; 8:45 am]
BILLING CODE 4910-13-P