Airworthiness Directives; The Boeing Company Airplanes
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Issuing agencies
Abstract
The FAA is revising a notice of proposed rulemaking (NPRM) that would have applied to certain The Boeing Company Model 757-200, - 200CB, and -300 series airplanes. This action revises the NPRM by including additional airplanes that are also subject to the identified unsafe condition. Since this change would impose an additional burden over that in the NPRM, the FAA is requesting comments on this SNPRM.
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<title>Federal Register, Volume 86 Issue 219 (Wednesday, November 17, 2021)</title>
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[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Proposed Rules]
[Pages 64089-64092]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24269]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-1022; Project Identifier AD-2020-01101-T]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM).
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SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM)
that would have applied to certain The Boeing Company Model 757-200, -
200CB, and -300 series airplanes. This action revises the NPRM by
including additional airplanes that are also subject to the identified
unsafe condition. Since this change would impose an additional burden
over that in the NPRM, the FAA is requesting comments on this SNPRM.
DATES: The FAA must receive comments on this SNPRM by January 3, 2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> 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 SNPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; phone:
562-797-1717; internet: <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. 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 206-
231-3195. It is also available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2020-
1022.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2020-1022; 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 SNPRM, any
comments received, and other information. The street address for Docket
Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Tony Koung, Aerospace Engineer, Cabin
Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3985;
email: <a href="/cdn-cgi/l/email-protection#24504b4a5d0a4f4b514a43644245450a434b52"><span class="__cf_email__" data-cfemail="93e7fcfdeabdf8fce6fdf4d3f5f2f2bdf4fce5">[email protected]</span></a>.
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-2020-1022; Project Identifier
AD-2020-01101-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 again
revise 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.
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 SNPRM 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 SNPRM, 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 SNPRM. Submissions containing CBI should
be sent to Tony Koung, Aerospace Engineer, Cabin Safety and
Environmental Systems Section, FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198; phone and fax: 206-231-3985; email:
<a href="/cdn-cgi/l/email-protection#ccb8a3a2b5e2a7a3b9a2ab8caaadade2aba3ba"><span class="__cf_email__" data-cfemail="097d6667702762667c676e496f6868276e667f">[email protected]</span></a>. 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 issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to The Boeing Company Model 757-200, -200CB, and -300
series airplanes. The NPRM published in the Federal Register on
December 30, 2020 (85 FR 86515). The NPRM was prompted by a report
indicating that the passenger service units (PSUs) and life vest panels
became separated from their attachments during several survivable
accident sequences. In the NPRM, the FAA proposed to require installing
lanyard assemblies on the PSUs, and, for certain airplanes, on the life
vest panels and video panels as applicable.
Comments
The FAA received a comment from one individual who supported the
NPRM without change.
The FAA received additional comments from four commenters,
including Boeing, ST Engineering Aerospace, American Airlines, and
Delta Air Lines. The following presents the comments received on the
NPRM and the FAA's response to each comment.
Request To Add Revised Service Information
Boeing asked that Boeing Special Attention Requirements Bulletin
757-25-0315 RB, Revision 2, dated March 17, 2021, be added to the
proposed AD (Revision 1, dated May 20, 2020, was referred to for
accomplishing the actions in the NPRM). Boeing stated that Revision 2
includes airplanes having variable number NB451 and four other
airplanes that have been determined to
[[Page 64090]]
be non-Boeing passenger converted freighters with passenger/combi
capability after conversion.
The FAA agrees with the commenter for the reason provided. Since
the FAA issued the NPRM, Boeing issued Boeing Special Attention
Requirements Bulletin 757-25-0315 RB, Revision 2, dated March 17, 2021.
This revised service information added airplanes to the effectivity and
regrouped the airplanes by moving certain airplanes to new Groups 6 and
7. The FAA has revised this proposed AD to refer to Revision 2 of the
service information as the required service information and to give
credit for airplanes identified in Boeing Special Attention
Requirements Bulletin 757-25-0315 RB, Revision 1, dated May 20, 2020,
on which the applicable actions have been done.
Request To Revise Discussion Section
Boeing asked that the FAA revise the Discussion section of the NPRM
by deleting the statement ``In addition, there is no secondary means of
retention (lanyards) for the PSU to the airplane structure.'' Boeing
stated that this is to maintain consistency with similar rulemaking for
the PSU lanyards on Model 737 classic airplanes (Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes), and added that no similar
statement exists in those ADs.
The FAA partially agrees with the commenter's assertions. There is
no secondary means of retention (lanyards) for the PSU to the
production airplane installation. Statements referring to a secondary
means of PSU retention may be confusing because the production airplane
installation does not include a secondary means of retention. Although
the quoted statement does appear in other rulemaking (specifically, AD
2020-17-04, Amendment 39-21209 (85 FR 52268, August 25, 2020)), that
statement is not retained in this SNPRM.
Request To Remove an Exception
Boeing asked that the FAA remove the exception specified in
paragraph (h)(2) of the proposed AD (in the NPRM). Boeing stated that
Revision 2 of the service information includes airplanes having
variable number NB451 and four other airplanes that have been
determined to be non-Boeing passenger converted freighters with
passenger/combi capability after conversion. Therefore, the exception
identified in paragraph (h)(2) of the proposed AD is not necessary.
The FAA agrees with the commenter for the reasons provided. The FAA
has removed the exception specified in paragraph (h)(2) of the proposed
AD (in the NPRM) accordingly.
Request To Exclude Certain Airplanes From Applicability
VT Mobile Aerospace Engineering (VT MAE) asked that Model 757-200
airplanes modified per VT MAE supplemental type certificates (STCs)
ST03952AT and ST04242AT be exempt from compliance with the proposed AD
requirements specified in Boeing Special Attention Requirements
Bulletin 757-25-0315 RB, Revision 2, dated March 17, 2021. VT MAE
stated that the passenger compartment is completely removed, including
the PSUs and life vest panel, per drawing 1180120--Payloads Bulk
deletions modification, as specified in the STCs.
The FAA agrees with the commenter's request for the reason
provided. The FAA has added a new paragraph (h)(2) to this proposed AD
to include this exception.
Clarification for PSU Installation
American Airlines (AAL) suggested that the NPRM provide
clarification that the installation of the nylon coated cables is the
compliance action required, since the PSU retention design and
installation procedures determine the PSU drop height. AAL stated that
Boeing Special Attention Requirements Bulletin 757-25-0315 RB, Revision
1, dated May 20, 2020, Tables 1 and 4 of paragraph 1.E., Compliance, in
the ``Action'' column specify to ``[i]nstall additional nylon coated
stainless steel lanyards on each Passenger Service Unit (PSU) panel,
such that in the event of a survivable accident, any detached PSU panel
does not extend lower than Body Water Line (BWL) 265.7.'' AAL added
that the cables being installed are not adjustable, the physical
installation of the cables does not adjust PSU drop height, and the
``Procedures'' section does not specify a height check of a dropped
PSU. AAL concluded that the PSU drop height is defined by the
installation design and is not adjustable. Delta Air Lines Inc. (Delta)
asked that a new paragraph (h)(6) be added to the proposed AD to allow
operators to deviate from the actions identified in Figure 1 of Boeing
Special Attention Requirements Bulletin 757-25-0315 RB. Delta stated
that the actions identified in the tables within Paragraph 3.
``Compliance'' and within Paragraph 5.(B) ``Work Instructions--Actions
Required for Compliance'' include the following: ``Install additional
nylon coated stainless steel lanyards on each Passenger Service Unit
(PSU) panel, such that in the event of a survivable accident, any
detached PSU panel does not extend lower than Body Water Line (BWL)
265.7.''
The FAA provides the following clarification. The PSU panel would
not fall below BWL 265.7 due to the airplane design, which does not
allow it; a PSU panel that detached and fell below BWL 265.7 would
cause injury to passengers. Operators can use the top of the floor
panel as a reference to this fact. For Model 757 airplanes, the
original Boeing design BWL is 208.6 per the airplane flight manual, and
the PSU lanyard is pre-assembled. Therefore, the FAA has not changed
this proposed AD in this regard.
Request To Link Certain Part Numbers
Delta asked that the FAA add a new paragraph (h)(3) to the proposed
AD stating ``Passenger Service Units reidentified to P/N 417N3011-5000
series following accomplishment of Boeing Special Attention
Requirements Bulletin 757-25-0315 RB, Revision 1, dated May 20, 2020,
must also comply with AD 2007-07-02 [Amendment 39-15002 (72 FR 14400,
March 28, 2007) (AD 2007-07-02)], except the new 417N3011-5000 series
part number will supersede the 1000 dash number reidentification
requirement of AD 2007-07-02.'' Delta stated that the -5XXX dash number
needs further guidance between AD 2007-07-02 and the proposed AD (in
the NPRM).
The FAA agrees that there is connection between the -1000 and -5000
series part numbers; however, the FAA does not agree that it is
necessary to add a new paragraph (h)(3) to this proposed AD to include
this as an exception. The required actions in each AD are clear and
must be complied with as required; these ADs do not need to be linked
to effectively accomplish the actions. The FAA has not changed this
proposed AD in this regard.
Request To Add New Exception for Installing Lanyard Assemblies
Delta asked that the proposed AD be updated to add a new paragraph
(h)(4) to the exceptions allowing operators to deviate from Figure 1 of
Boeing Special Attention Requirements Bulletin 757-25-0315 RB, Revision
1, dated May 20, 2020, and use Boeing Service Bulletin 737-25-1707,
Revision 1, dated May 18, 2018, to install lanyard assemblies to the
PSU panel. Delta stated that Model 737 airplanes specified in Boeing
Service Bulletin 737-25-1707 share some part numbers in common for
post-service bulletin PSUs specified in Boeing Special Attention
Requirements Bulletin 757-25-0315 RB.
The FAA does not agree with the commenter's request. Referring to a
[[Page 64091]]
different service bulletin that applies to a different airplane model
could introduce problems in identifying the applicable information.
Boeing has a specific service bulletin for each model referred to in an
AD, and in some cases, for each minor model. Internal references in the
service bulletin might not be appropriate for a different model (e.g.,
the AMM or SRM reference for Model 757 airplanes might have a different
number than that of Model 737 airplanes.) Under the provisions of
paragraph (k) of this AD, the FAA will consider requests for approval
of a deviation to the referenced service information if sufficient data
are submitted to substantiate that the deviation would provide an
acceptable level of safety. This proposed AD has not been changed in
this regard.
Request To Add Exception for Certain Upgrades
Delta asked that a new paragraph (h)(5) be added to the proposed AD
to allow for cosmetic changes made to Model 757 PSUs under the
authority of 14 CFR part 121 (Owner/operator) and 14 CFR part 21 (STC)
after compliance with AD 2007-07-02. Delta stated that other operators
are also likely to have made similar cosmetic upgrades to PSUs in order
to match the units to newer interior color schemes and furnishings.
Delta added that this is also referenced in the language used in
paragraph (l)(2)(ii) of AD 2012-11-09R1, Amendment 39-18221 (80 FR
44259, July 27, 2015).
The FAA does not agree with the commenter's request. The FAA does
not need to approve minor cosmetic changes, such as interior color
schemes, unless a flammability test is required. But further
clarification is necessary regarding what type of cosmetic upgrades and
modifications have been done and their affects on AD compliance. Under
the provisions of paragraph (k) of this proposed AD, the FAA will
consider requests for approval of an alternative method of compliance
if sufficient data are submitted to substantiate that the upgrade or
modification would provide an acceptable level of safety. This proposed
AD has not been changed in this regard.
FAA's Determination
The FAA is proposing this AD after determining the unsafe condition
described previously is likely to exist or develop in other products of
the same type design. Certain changes described above expand the scope
of the NPRM. As a result, it is necessary to reopen the comment period
to provide additional opportunity for the public to comment on this
SNPRM.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Special Attention Requirements Bulletin
757-25-0315 RB, Revision 2, dated March 17, 2021. This service
information specifies procedures for installing lanyard assemblies on
the PSUs, life vest panels, and video panels as applicable. 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 SNPRM
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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2020-1022.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 367 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Install Lanyard Assemblies..... Up to 75 work-hours x Up to $45,750.... Up to $52,125.... Up to
$85 per hour = Up to $19,129,875.
$6,375.
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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.
[[Page 64092]]
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-2020-1022; Project Identifier AD-
2020-01101-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by January 3, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 757-200, -200CB, and
-300 series airplanes, certificated in any category, as identified
in Boeing Special Attention Requirements Bulletin 757-25-0315 RB,
Revision 2, dated March 17, 2021.
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.
(e) Unsafe Condition
This AD was prompted by a report indicating the passenger
service units (PSUs) and life vest panels became separated from
their attachments during several survivable accident sequences. The
FAA is issuing this AD to address the PSUs, life vest panels, and
video panels becoming detached and falling into the cabin, which
could lead to passenger injuries and impede egress during an
evacuation.
(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
Special Attention Requirements Bulletin 757-25-0315 RB, Revision 2,
dated March 17, 2021, do all applicable actions identified in, and
in accordance with, the Accomplishment Instructions of Boeing
Special Attention Requirements Bulletin 757-25-0315 RB, Revision 2,
dated March 17, 2021.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Special Attention Service
Bulletin 757-25-0315, Revision 2, dated March 17, 2021, which is
referred to in Boeing Special Attention Requirements Bulletin 757-
25-0315 RB, Revision 2, dated March 17, 2021.
(h) Exceptions to Service Information Specifications
(1) Where Boeing Special Attention Requirements Bulletin 757-25-
0315 RB, Revision 2, dated March 17, 2021, uses the phrase ``the
Revision 2 date of Requirements Bulletin 757-25-0315 RB,'' this AD
requires using ``the effective date of this AD.''
(2) The lanyard installation specified in paragraph (g) of this
AD is not required on Model 757-200 airplanes modified per VT Mobile
Aerospace Engineering (VT MAE) supplemental type certificates (STCs)
ST03952AT and ST04242AT.
(i) Credit for Previous Actions
For airplanes identified in Boeing Special Attention
Requirements Bulletin 757-25-0315 RB, Revision 1, dated May 20,
2020: This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Special Attention
Requirements Bulletin 757-25-0315 RB, Revision 1, dated May 20,
2020.
(j) Parts Installation Limitation
As of the applicable time specified in paragraph (j)(1) or (2)
of this AD, no person may install on any airplane any PSU, life vest
panel, or video panel without an updated lanyard assembly installed.
(1) For airplanes that have PSUs, life vest panels, or video
panels without the updated lanyard assemblies installed as of the
effective date of this AD: After modification of the airplane as
required by paragraph (g) of this AD.
(2) For airplanes that do not have PSUs, life vest panels, or
video panels without the updated lanyard assemblies installed as of
the effective date of this AD: As of the effective date of this AD.
(k) 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 local Flight Standards District
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 (l)(1) of this AD. Information may be
emailed to: <a href="/cdn-cgi/l/email-protection#8eb7a3cfc0c3a3ddebeffafae2eba3cfcdc1a3cfc3c1cda3dcebfffbebfdfafdcee8efefa0e9e1f8"><span class="__cf_email__" data-cfemail="86bfabc7c8cbabd5e3e7f2f2eae3abc7c5c9abc7cbc9c5abd4e3f7f3e3f5f2f5c6e0e7e7a8e1e9f0">[email protected]</span></a>.
(2) 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.
(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.
(l) Related Information
(1) For more information about this AD, contact Tony Koung,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3985; email: <a href="/cdn-cgi/l/email-protection#cdb9a2a3b4e3a6a2b8a3aa8dabacace3aaa2bb"><span class="__cf_email__" data-cfemail="f4809b9a8dda9f9b819a93b4929595da939b82">[email protected]</span></a>.
(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; phone: 562-797-1717; internet: <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
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 206-231-3195.
Issued on October 25, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-24269 Filed 11-16-21; 8:45 am]
BILLING CODE 4910-13-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.