81_FR_67063 81 FR 66874 - Airworthiness Directives; The Boeing Company Airplanes

81 FR 66874 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 189 (September 29, 2016)

Page Range66874-66877
FR Document2016-23088

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This proposed AD was prompted by reports of the Krueger flap bullnose departing an airplane during taxi, which caused damage to the wing structure and thrust reverser. This proposed AD would require a one-time detailed visual inspection for discrepancies in the Krueger flap bullnose attachment hardware, and related investigative and corrective actions if necessary. We are proposing this AD to detect and correct missing Krueger flap bullnose hardware. Such missing hardware could result in the Krueger flap bullnose departing the airplane during flight, which could damage empennage structure and lead to the inability to maintain continued safe flight and landing.

Federal Register, Volume 81 Issue 189 (Thursday, September 29, 2016)
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Proposed Rules]
[Pages 66874-66877]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23088]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9112; Directorate Identifier 2016-NM-091-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

[[Page 66875]]

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and 
-900ER series airplanes. This proposed AD was prompted by reports of 
the Krueger flap bullnose departing an airplane during taxi, which 
caused damage to the wing structure and thrust reverser. This proposed 
AD would require a one-time detailed visual inspection for 
discrepancies in the Krueger flap bullnose attachment hardware, and 
related investigative and corrective actions if necessary. We are 
proposing this AD to detect and correct missing Krueger flap bullnose 
hardware. Such missing hardware could result in the Krueger flap 
bullnose departing the airplane during flight, which could damage 
empennage structure and lead to the inability to maintain continued 
safe flight and landing.

DATES: We must receive comments on this proposed AD by November 14, 
2016.

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: 202-493-2251.
     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: Data & Services Management, P.O. Box 
3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, 
extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.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. It 
is also available on the internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2016-9112.

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-2016-
9112; 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 
Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Alan Pohl, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6450; fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2016-9112; 
Directorate Identifier 2016-NM-091-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 because of 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

    We have received a report indicating that the Krueger flap bullnose 
departed an airplane during taxi, which caused damage to the wing 
structure and thrust reverser. There have been six other in-service 
reports of missing bullnose attachment hardware. Those events resulted 
in a bullnose droop condition but no departure of the part from the 
airplane. Departure of the Krueger flap bullnose from the airplane 
during flight could damage empennage structure and lead to the 
inability to maintain continued safe flight and landing.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-57A1327, dated May 
20, 2016. The service information describes procedures for performing a 
one-time detailed visual inspection for discrepancies in the Krueger 
flap bullnose attachment hardware and related investigative and 
corrective actions. 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.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information described previously. For information on the 
procedures and compliance times, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9112.
    The phrase ``related investigative actions'' is used in this 
proposed AD. Related investigative actions are follow-on actions that 
(1) are related to the primary action, and (2) further investigate the 
nature of any condition found. Related investigative actions in an AD 
could include, for example, inspections.
    The phrase ``corrective actions'' is used in this proposed AD. 
Corrective actions correct or address any condition found. Corrective 
actions in an AD could include, for example, repairs.

Costs of Compliance

    We estimate that this proposed AD affects 1,495 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

[[Page 66876]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                    Action                                 Labor cost                 product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of the Krueger flap bullnose         3 work-hours x $85 per hour =               $255        $381,225
 hardware.                                       $255.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.
    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 available 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):

The Boeing Company: Docket No. FAA-2016-9112; Directorate Identifier 
2016-NM-091-AD.

(a) Comments Due Date

    We must receive comments by November 14, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any 
category, as identified in Boeing Alert Service Bulletin 737-
57A1327, dated May 20, 2016.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of the Krueger flap bullnose 
departing an airplane during taxi, which caused damage to the wing 
structure and thrust reverser. We are proposing this AD to detect 
and correct missing Krueger flap bullnose hardware. Such missing 
hardware could result in the Krueger flap bullnose departing the 
airplane during flight, which could damage empennage structure and 
lead to the inability to maintain continued safe flight and landing.

(f) Compliance

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

(g) Inspection of the Krueger Flap Bullnose

    Within 6 months after the effective date of this AD, do a 
detailed inspection for discrepancies of the Krueger flap bullnose 
attachment hardware, and do all applicable related investigative and 
corrective actions, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-57A1327, dated May 
20, 2016. Do all applicable related investigative and corrective 
actions before further flight.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
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 ACO, send it to the 
attention of the person identified in paragraph (i)(1) 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 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 Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Seattle ACO, 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.
    (4) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(h)(4)(i) and (h)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or sub-step is labeled ``RC Exempt,'' then 
the RC requirement is removed from that step or sub-step. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining

[[Page 66877]]

approval of an AMOC, provided the RC steps, including substeps and 
identified figures, can still be done as specified, and the airplane 
can be put back in an airworthy condition.

(i) Related Information

    (1) For more information about this AD, contact Alan Pohl, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6450; 
fax: 425-917-6590; email: [email protected].
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, 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.

    Issued in Renton, Washington, on September 16, 2016.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-23088 Filed 9-28-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                      66874                   Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Proposed Rules

                                                      (c) Applicability                                                  in the rear fuselage lateral beam and its                         of this AD, as applicable to airplane model,
                                                         This AD applies to Airbus Defense and                           external area; such cracking could lead to                        accomplish the inspections as specified in
                                                      Space S.A. (formerly known as                                      failure of the affected components, and result                    paragraphs (g)(1) and (g)(2) of this AD, in
                                                      Construcciones Aeronauticas, S.A.) Model                           in reduced structural integrity of the fuselage.                  accordance with the instructions of Airbus
                                                      CN–235, CN–235–100, CN–235–200, and                                                                                                  Defense and Space Alert Operators
                                                                                                                         (f) Compliance                                                    Transmission (AOT) AOT–CN235–53–0002,
                                                      CN–235–300 airplanes, certificated in any
                                                      category, all manufacturer serial numbers.                           Comply with this AD within the                                  Revision 1, dated September 17, 2015.
                                                                                                                         compliance times specified, unless already                          (1) A special detailed inspection for cracks
                                                      (d) Subject                                                        done.                                                             and other discrepancies with a borescope of
                                                        Air Transport Association (ATA) of                                                                                                 the rear fuselage lateral beam between Frame
                                                                                                                         (g) Repetitive Inspections on the Fuselage                        (FR) 31 and FR45, left-hand (LH) and right-
                                                      America Code 53, Fuselage.
                                                                                                                         Lateral Beam                                                      hand (RH) side.
                                                      (e) Reason                                                           Within the compliance time specified in                           (2) A detailed visual inspection for cracks
                                                         This AD was prompted by reports of cracks                       Table 1 to paragraph (g) of this AD and,                          and other discrepancies of the external area
                                                      in certain areas of the rear fuselage. We are                      thereafter, at intervals not to exceed the                        of the rear fuselage lateral beam, LH and RH
                                                      issuing this AD to detect and correct cracks                       values specified in Table 2 to paragraph (g)                      side.

                                                                                       TABLE 1 TO PARAGRAPH (g) OF THIS AD—INITIAL INSPECTION COMPLIANCE TIME

                                                                                                                                   A or B, whichever occurs later

                                                      A ............   Before exceeding 15,000 flight cycles or 15,000 flight hours, whichever occurs first since airplane first flight.
                                                      B ............   Within 50 flight cycles or 50 flight hours whichever occurs first after the effective date of this AD.


                                                                                         TABLE 2 TO PARAGRAPH (g) OF THIS AD—REPETITIVE INSPECTION INTERVALS
                                                                                                                                                                                                       Repetitive interval
                                                                                                          Airplane models                                                                      (whichever occurs first, flight cycles
                                                                                                                                                                                                         or flight hours)

                                                      Model CN–235 and CN–235–100 airplanes ..............................................................................              3,600 flight cycles or 3,100 flight hours.
                                                      Model CN–235–200 airplanes ....................................................................................................   3,600 flight cycles or 2,800 flight hours.
                                                      Model CN–235–300 airplanes ....................................................................................................   15,000 flight cycles or 15,000 flight hours.



                                                      (h) Repair                                                         Flight Standards District Office, as                              28022 Madrid, Spain; telephone +34 91 585
                                                        If any crack or discrepancy is found during                      appropriate. If sending information directly                      55 84; fax +34 91 585 55 05; email
                                                      any inspection required by paragraph (g) of                        to the International Branch, send it to ATTN:                     MTA.TechnicalService@casa.eads.net;
                                                      this AD: Before further flight, contact and                        Shahram Daneshmandi, Aerospace Engineer,                          Internet http://www.eads.net. You may view
                                                      obtain repair instructions from Airbus                             International Branch, ANM–116, Transport                          this service information at the FAA,
                                                      Defense and Space S.A. in accordance with                          Airplane Directorate, FAA, 1601 Lind                              Transport Airplane Directorate, 1601 Lind
                                                      paragraph (k)(2) of this AD, and within the                        Avenue SW., Renton, WA 98057–3356;                                Avenue SW., Renton, WA. For information
                                                      compliance time indicated in those                                 telephone 425–227–1112; fax 425–227–1149.                         on the availability of this material at the
                                                      instructions, accomplish the repair                                Before using any approved AMOC, notify                            FAA, call 425–227–1221.
                                                      accordingly, including any post-repair                             your appropriate principal inspector, or
                                                                                                                         lacking a principal inspector, the manager of                       Issued in Renton, Washington, on
                                                      maintenance task(s), as applicable.                                                                                                  September 16, 2016.
                                                                                                                         the local flight standards district office/
                                                      (i) Continued Inspection of Repaired Areas                         certificate holding district office. The AMOC                     Suzanne Masterson,
                                                         Accomplishment of a repair on an airplane,                      approval letter must specifically reference                       Acting Manager, Transport Airplane
                                                      as required by paragraph (h) of this AD, does                      this AD.                                                          Directorate, Aircraft Certification Service.
                                                      not constitute terminating action for the                             (2) Contacting the Manufacturer: For any                       [FR Doc. 2016–23085 Filed 9–28–16; 8:45 am]
                                                      repetitive inspections as required by                              requirement in this AD to obtain corrective
                                                                                                                                                                                           BILLING CODE 4910–13–P
                                                      paragraph (g) of this AD for that airplane,                        actions from a manufacturer, the action must
                                                      unless specified in the applicable repair                          be accomplished using a method approved
                                                      instructions obtained in paragraph (h).                            by the Manager, International Branch, ANM–
                                                                                                                         116, Transport Airplane Directorate, FAA; or                      DEPARTMENT OF TRANSPORTATION
                                                      (j) Credit for Previous Actions                                    EASA; or Airbus Defense and Space S.A.’s
                                                         This paragraph provides credit for actions                      EASA Design Organization Approval (DOA).                          Federal Aviation Administration
                                                      required by paragraphs (g) and (h) of this AD,                     If approved by the DOA, the approval must
                                                      if those actions were performed before the                         include the DOA-authorized signature.                             14 CFR Part 39
                                                      effective date of this AD, using Airbus
                                                      Defense and Space AOT AOT–CN235–53–                                (l) Related Information
                                                                                                                                                                                           [Docket No. FAA–2016–9112; Directorate
                                                      0002, dated August 28, 2015.                                          (1) Refer to Mandatory Continuing
                                                                                                                         Airworthiness Information (MCAI) EASA                             Identifier 2016–NM–091–AD]
                                                      (k) Other FAA AD Provisions                                        Airworthiness Directive 2016–0064, dated
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                        The following provisions also apply to this                      April 04, 2016, for related information. This                     RIN 2120–AA64
                                                      AD:                                                                MCAI may be found in the AD docket on the
                                                        (1) Alternative Methods of Compliance                            Internet at http://www.regulations.gov by                         Airworthiness Directives; The Boeing
                                                      (AMOCs): The Manager, International                                searching for and locating Docket No. FAA–                        Company Airplanes
                                                      Branch, ANM–116, Transport Airplane                                2016–9113.
                                                      Directorate, FAA, has the authority to                                (2) For service information identified in                      AGENCY: Federal Aviation
                                                      approve AMOCs for this AD, if requested                            this AD, contact EADS–CASA, Military                              Administration (FAA), DOT.
                                                      using the procedures found in 14 CFR 39.19.                        Transport Aircraft Division (MTAD),                               ACTION: Notice of proposed rulemaking
                                                      In accordance with 14 CFR 39.19, send your                         Integrated Customer Services (ICS),                               (NPRM).
                                                      request to your principal inspector or local                       Technical Services, Avenida de Aragón 404,



                                                 VerDate Sep<11>2014      18:35 Sep 28, 2016       Jkt 238001     PO 00000     Frm 00009      Fmt 4702     Sfmt 4702     E:\FR\FM\29SEP1.SGM       29SEP1


                                                                         Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Proposed Rules                                           66875

                                                      SUMMARY:    We propose to adopt a new                   Examining the AD Docket                               airplane. Departure of the Krueger flap
                                                      airworthiness directive (AD) for certain                   You may examine the AD docket on                   bullnose from the airplane during flight
                                                      The Boeing Company Model 737–600,                       the Internet at http://                               could damage empennage structure and
                                                      –700, –700C, –800, –900, and –900ER                     www.regulations.gov by searching for                  lead to the inability to maintain
                                                      series airplanes. This proposed AD was                  and locating Docket No. FAA–2016–                     continued safe flight and landing.
                                                      prompted by reports of the Krueger flap                 9112; or in person at the Docket                      Related Service Information Under 1
                                                      bullnose departing an airplane during                   Management Facility between 9 a.m.                    CFR Part 51
                                                      taxi, which caused damage to the wing                   and 5 p.m., Monday through Friday,
                                                      structure and thrust reverser. This                     except Federal holidays. The AD docket                  We reviewed Boeing Alert Service
                                                      proposed AD would require a one-time                    contains this proposed AD, the                        Bulletin 737–57A1327, dated May 20,
                                                      detailed visual inspection for                          regulatory evaluation, any comments                   2016. The service information describes
                                                      discrepancies in the Krueger flap                       received, and other information. The                  procedures for performing a one-time
                                                      bullnose attachment hardware, and                       street address for the Docket Office                  detailed visual inspection for
                                                      related investigative and corrective                    (phone: 800–647–5527) is in the                       discrepancies in the Krueger flap
                                                      actions if necessary. We are proposing                  ADDRESSES section. Comments will be                   bullnose attachment hardware and
                                                      this AD to detect and correct missing                   available in the AD docket shortly after              related investigative and corrective
                                                      Krueger flap bullnose hardware. Such                    receipt.                                              actions. This service information is
                                                      missing hardware could result in the                                                                          reasonably available because the
                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                      Krueger flap bullnose departing the                                                                           interested parties have access to it
                                                                                                              Alan Pohl, Aerospace Engineer,
                                                      airplane during flight, which could                                                                           through their normal course of business
                                                                                                              Airframe Branch, ANM–120S, FAA,
                                                      damage empennage structure and lead                                                                           or by the means identified in the
                                                                                                              Seattle Aircraft Certification Office
                                                      to the inability to maintain continued                                                                        ADDRESSES section.
                                                                                                              (ACO), 1601 Lind Avenue SW., Renton,
                                                      safe flight and landing.
                                                                                                              WA 98057–3356; phone: 425–917–6450;                   FAA’s Determination
                                                      DATES: We must receive comments on                      fax: 425–917–6590; email: alan.pohl@
                                                      this proposed AD by November 14,                        faa.gov.                                                We are proposing this AD because we
                                                      2016.                                                                                                         evaluated all the relevant information
                                                                                                              SUPPLEMENTARY INFORMATION:                            and determined the unsafe condition
                                                      ADDRESSES:   You may send comments,
                                                                                                              Comments Invited                                      described previously is likely to exist or
                                                      using the procedures found in 14 CFR
                                                                                                                                                                    develop in other products of the same
                                                      11.43 and 11.45, by any of the following                  We invite you to send any written                   type design.
                                                      methods:                                                relevant data, views, or arguments about
                                                        • Federal eRulemaking Portal: Go to                   this proposal. Send your comments to                  Proposed AD Requirements
                                                      http://www.regulations.gov. Follow the                  an address listed under the ADDRESSES
                                                      instructions for submitting comments.                                                                           This proposed AD would require
                                                                                                              section. Include ‘‘Docket No. FAA–                    accomplishing the actions specified in
                                                        • Fax: 202–493–2251.                                  2016–9112; Directorate Identifier 2016–
                                                        • Mail: U.S. Department of                                                                                  the service information described
                                                                                                              NM–091–AD’’ at the beginning of your                  previously. For information on the
                                                      Transportation, Docket Operations, M–                   comments. We specifically invite
                                                      30, West Building Ground Floor, Room                                                                          procedures and compliance times, see
                                                                                                              comments on the overall regulatory,                   this service information at http://
                                                      W12–140, 1200 New Jersey Avenue SE.,                    economic, environmental, and energy
                                                      Washington, DC 20590.                                                                                         www.regulations.gov by searching for
                                                                                                              aspects of this proposed AD. We will                  and locating Docket No. FAA–2016–
                                                        • Hand Delivery: Deliver to Mail                      consider all comments received by the
                                                      address above between 9 a.m. and 5                                                                            9112.
                                                                                                              closing date and may amend this
                                                      p.m., Monday through Friday, except                     proposed AD because of those                            The phrase ‘‘related investigative
                                                      Federal holidays.                                       comments.                                             actions’’ is used in this proposed AD.
                                                        For service information identified in                   We will post all comments we                        Related investigative actions are follow-
                                                      this NPRM, contact Boeing Commercial                    receive, without change, to http://                   on actions that (1) are related to the
                                                      Airplanes, Attention: Data & Services                   www.regulations.gov, including any                    primary action, and (2) further
                                                      Management, P.O. Box 3707, MC 2H–65,                    personal information you provide. We                  investigate the nature of any condition
                                                      Seattle, WA 98124–2207; telephone                       will also post a report summarizing each              found. Related investigative actions in
                                                      206–544–5000, extension 1; fax 206–                     substantive verbal contact we receive                 an AD could include, for example,
                                                      766–5680; Internet https://                             about this proposed AD.                               inspections.
                                                      www.myboeingfleet.com. You may view                                                                             The phrase ‘‘corrective actions’’ is
                                                      this referenced service information at                  Discussion                                            used in this proposed AD. Corrective
                                                      the FAA, Transport Airplane                                We have received a report indicating               actions correct or address any condition
                                                      Directorate, 1601 Lind Avenue SW.,                      that the Krueger flap bullnose departed               found. Corrective actions in an AD
                                                      Renton, WA. For information on the                      an airplane during taxi, which caused                 could include, for example, repairs.
                                                      availability of this material at the FAA,               damage to the wing structure and thrust               Costs of Compliance
                                                      call 425–227–1221. It is also available                 reverser. There have been six other in-
                                                      on the internet at http://                              service reports of missing bullnose                      We estimate that this proposed AD
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      www.regulations.gov by searching for                    attachment hardware. Those events                     affects 1,495 airplanes of U.S. registry.
                                                      and locating Docket No. FAA–2016–                       resulted in a bullnose droop condition                We estimate the following costs to
                                                      9112.                                                   but no departure of the part from the                 comply with this proposed AD:




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                                                      66876              Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Proposed Rules

                                                                                                                             ESTIMATED COSTS
                                                                                                                                                                                          Cost per        Cost on U.S.
                                                                                Action                                                           Labor cost                               product          operators

                                                      Inspection of the Krueger flap bullnose hardware .......          3 work-hours × $85 per hour = $255 ...........................           $255         $381,225



                                                        We have received no definitive data                   on a substantial number of small entities                 (f) Compliance
                                                      that would enable us to provide cost                    under the criteria of the Regulatory                         Comply with this AD within the
                                                      estimates for the on-condition actions                  Flexibility Act.                                          compliance times specified, unless already
                                                      specified in this proposed AD.                                                                                    done.
                                                        According to the manufacturer, some                   List of Subjects in 14 CFR Part 39
                                                                                                                                                                        (g) Inspection of the Krueger Flap Bullnose
                                                      of the costs of this proposed AD may be                   Air transportation, Aircraft, Aviation                     Within 6 months after the effective date of
                                                      covered under warranty, thereby                         safety, Incorporation by reference,                       this AD, do a detailed inspection for
                                                      reducing the cost impact on affected                    Safety.                                                   discrepancies of the Krueger flap bullnose
                                                      individuals. We do not control warranty                                                                           attachment hardware, and do all applicable
                                                      coverage for affected individuals. As a                 The Proposed Amendment                                    related investigative and corrective actions,
                                                      result, we have included all available                                                                            in accordance with the Accomplishment
                                                      costs in our cost estimate.                               Accordingly, under the authority                        Instructions of Boeing Alert Service Bulletin
                                                                                                              delegated to me by the Administrator,                     737–57A1327, dated May 20, 2016. Do all
                                                      Authority for This Rulemaking                           the FAA proposes to amend 14 CFR part                     applicable related investigative and
                                                         Title 49 of the United States Code                   39 as follows:                                            corrective actions before further flight.
                                                      specifies the FAA’s authority to issue                                                                            (h) Alternative Methods of Compliance
                                                      rules on aviation safety. Subtitle I,                   PART 39—AIRWORTHINESS
                                                                                                                                                                        (AMOCs)
                                                      section 106, describes the authority of                 DIRECTIVES
                                                                                                                                                                           (1) The Manager, Seattle Aircraft
                                                      the FAA Administrator. Subtitle VII:                                                                              Certification Office (ACO), FAA, has the
                                                      Aviation Programs, describes in more                    ■ 1. The authority citation for part 39                   authority to approve AMOCs for this AD, if
                                                      detail the scope of the Agency’s                        continues to read as follows:                             requested using the procedures found in 14
                                                      authority.                                                  Authority: 49 U.S.C. 106(g), 40113, 44701.            CFR 39.19. In accordance with 14 CFR 39.19,
                                                         We are issuing this rulemaking under                                                                           send your request to your principal inspector
                                                      the authority described in Subtitle VII,                § 39.13     [Amended]                                     or local Flight Standards District Office, as
                                                      Part A, Subpart III, Section 44701:                                                                               appropriate. If sending information directly
                                                                                                              ■ 2. The FAA amends § 39.13 by adding                     to the manager of the ACO, send it to the
                                                      ‘‘General requirements.’’ Under that                    the following new airworthiness                           attention of the person identified in
                                                      section, Congress charges the FAA with                  directive (AD):                                           paragraph (i)(1) of this AD. Information may
                                                      promoting safe flight of civil aircraft in                                                                        be emailed to: 9-ANM-Seattle-ACO-AMOC-
                                                                                                              The Boeing Company: Docket No. FAA–
                                                      air commerce by prescribing regulations                                                                           Requests@faa.gov.
                                                                                                                  2016–9112; Directorate Identifier 2016–
                                                      for practices, methods, and procedures                                                                               (2) Before using any approved AMOC,
                                                                                                                  NM–091–AD.
                                                      the Administrator finds necessary for                                                                             notify your appropriate principal inspector,
                                                      safety in air commerce. This regulation                 (a) Comments Due Date                                     or lacking a principal inspector, the manager
                                                      is within the scope of that authority                     We must receive comments by November                    of the local flight standards district office/
                                                      because it addresses an unsafe condition                                                                          certificate holding district office.
                                                                                                              14, 2016.
                                                                                                                                                                           (3) An AMOC that provides an acceptable
                                                      that is likely to exist or develop on                                                                             level of safety may be used for any repair,
                                                                                                              (b) Affected ADs
                                                      products identified in this rulemaking                                                                            modification, or alteration required by this
                                                      action.                                                     None.
                                                                                                                                                                        AD if it is approved by the Boeing
                                                      Regulatory Findings                                     (c) Applicability                                         Commercial Airplanes Organization
                                                                                                                This AD applies to The Boeing Company                   Designation Authorization (ODA) that has
                                                        We determined that this proposed AD                                                                             been authorized by the Manager, Seattle
                                                                                                              Model 737–600, –700, –700C, –800, –900,
                                                      would not have federalism implications                                                                            ACO, to make those findings. To be
                                                                                                              and –900ER series airplanes, certificated in
                                                      under Executive Order 13132. This                                                                                 approved, the repair method, modification
                                                                                                              any category, as identified in Boeing Alert               deviation, or alteration deviation must meet
                                                      proposed AD would not have a                            Service Bulletin 737–57A1327, dated May
                                                      substantial direct effect on the States, on                                                                       the certification basis of the airplane, and the
                                                                                                              20, 2016.                                                 approval must specifically refer to this AD.
                                                      the relationship between the national
                                                                                                              (d) Subject                                                  (4) For service information that contains
                                                      Government and the States, or on the                                                                              steps that are labeled as Required for
                                                      distribution of power and                                Air Transport Association (ATA) of                       Compliance (RC), the provisions of
                                                      responsibilities among the various                      America Code 57, Wings.                                   paragraphs (h)(4)(i) and (h)(4)(ii) of this AD
                                                      levels of government.                                   (e) Unsafe Condition                                      apply.
                                                        For the reasons discussed above, I                                                                                 (i) The steps labeled as RC, including
                                                      certify this proposed regulation:                         This AD was prompted by reports of the                  substeps under an RC step and any figures
                                                                                                              Krueger flap bullnose departing an airplane               identified in an RC step, must be done to
                                                        (1) Is not a ‘‘significant regulatory
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                                                                              during taxi, which caused damage to the                   comply with the AD. If a step or sub-step is
                                                      action’’ under Executive Order 12866,                   wing structure and thrust reverser. We are
                                                        (2) Is not a ‘‘significant rule’’ under                                                                         labeled ‘‘RC Exempt,’’ then the RC
                                                                                                              proposing this AD to detect and correct                   requirement is removed from that step or
                                                      the DOT Regulatory Policies and                         missing Krueger flap bullnose hardware.                   sub-step. An AMOC is required for any
                                                      Procedures (44 FR 11034, February 26,                   Such missing hardware could result in the                 deviations to RC steps, including substeps
                                                      1979),                                                  Krueger flap bullnose departing the airplane              and identified figures.
                                                        (3) Will not affect intrastate aviation               during flight, which could damage                            (ii) Steps not labeled as RC may be
                                                      in Alaska, and                                          empennage structure and lead to the inability             deviated from using accepted methods in
                                                        (4) Will not have a significant                       to maintain continued safe flight and                     accordance with the operator’s maintenance
                                                      economic impact, positive or negative,                  landing.                                                  or inspection program without obtaining



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                                                                         Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Proposed Rules                                           66877

                                                      approval of an AMOC, provided the RC steps,             ADDRESSES:   Send comments identified                 the public interest, among other matters,
                                                      including substeps and identified figures, can          by docket number FAA–2016–9154                        assigning, maintaining, and enhancing
                                                      still be done as specified, and the airplane            using any of the following methods:                   safety and security as the highest
                                                      can be put back in an airworthy condition.                • Federal eRulemaking Portal: Go to                 priorities in air commerce. Section
                                                      (i) Related Information                                 http://www.regulations.gov and follow                 40105(b)(1)(A) requires the
                                                         (1) For more information about this AD,              the online instructions for sending your              Administrator to exercise his authority
                                                      contact Alan Pohl, Aerospace Engineer,                  comments electronically.                              consistently with the obligations of the
                                                      Airframe Branch, ANM–120S, FAA, Seattle                   • Mail: Send comments to Docket                     U.S. Government under international
                                                      ACO, 1601 Lind Avenue SW., Renton, WA                   Operations, M–30; U.S. Department of                  agreements.
                                                      98057–3356; phone: 425–917–6450; fax: 425–              Transportation (DOT), 1200 New Jersey                    This rulemaking is promulgated
                                                      917–6590; email: alan.pohl@faa.gov.                     Avenue SE., Room W12–140, West                        under the authority described in title 49,
                                                         (2) For service information identified in            Building Ground Floor, Washington, DC                 subtitle VII, part A, subpart III, section
                                                      this AD, contact Boeing Commercial                                                                            44701, General requirements. Under
                                                      Airplanes, Attention: Data & Services
                                                                                                              20590–0001.
                                                      Management, P.O. Box 3707, MC 2H–65,                      • Hand Delivery or Courier: Take                    that section, the FAA is charged broadly
                                                      Seattle, WA 98124–2207; telephone 206–                  comments to Docket Operations in                      with promoting safe flight of civil
                                                      544–5000, extension 1; fax 206–766–5680;                Room W12–140 of the West Building                     aircraft in air commerce by prescribing,
                                                      Internet https://www.myboeingfleet.com. You             Ground Floor at 1200 New Jersey                       among other things, regulations and
                                                      may view this referenced service information            Avenue SE., Washington, DC, between 9                 minimum standards for practices,
                                                      at the FAA, the FAA, Transport Airplane                 a.m. and 5 p.m., Monday through                       methods, and procedures that the
                                                      Directorate, 1601 Lind Avenue SW., Renton,              Friday, except Federal holidays.                      Administrator finds necessary for safety
                                                      WA. For information on the availability of                • Fax: Fax comments to Docket                       in air commerce and national security.
                                                      this material at the FAA, call 425–227–1221.                                                                     This rulemaking is also promulgated
                                                                                                              Operations at 202–493–2251.
                                                        Issued in Renton, Washington, on                        Privacy: In accordance with 5 U.S.C.                pursuant to title 49 U.S.C. 40103(b)(1)
                                                      September 16, 2016.                                     553(c), DOT solicits comments from the                and (2), which charge the FAA with
                                                      Suzanne Masterson,                                      public to better inform its rulemaking                issuing regulations: (1) To ensure the
                                                      Acting Manager, Transport Airplane                      process. DOT posts these comments,                    safety of aircraft and the efficient use of
                                                      Directorate, Aircraft Certification Service.            without edit, including any personal                  airspace; and (2) to govern the flight of
                                                      [FR Doc. 2016–23088 Filed 9–28–16; 8:45 am]             information the commenter provides, to                aircraft for purposes of navigating,
                                                      BILLING CODE 4910–13–P                                  www.regulations.gov, as described in                  protecting and identifying aircraft, and
                                                                                                              the system of records notice (DOT/ALL–                protecting individuals and property on
                                                                                                              14 FDMS), which can be reviewed at                    the ground.
                                                      DEPARTMENT OF TRANSPORTATION                                                                                     This regulation is within the scope of
                                                                                                              www.dot.gov/privacy.
                                                                                                                Docket: Background documents or                     that authority, because it amends 14
                                                      Federal Aviation Administration                         comments received may be read at                      CFR 91.703 to harmonize and
                                                                                                              http://www.regulations.gov at any time.               incorporate changes made to
                                                      14 CFR part 91                                          Follow the online instructions for                    international standards directly
                                                                                                              accessing the docket or go to the Docket              applicable in airspace over the high
                                                      [Docket No.: FAA–2016–9154; Notice No.                  Operations in Room W12–140 of the                     seas.
                                                      16–05]                                                  West Building Ground Floor at 1200                    I. Executive Summary
                                                                                                              New Jersey Avenue SE., Washington,                       The proposed rule would harmonize
                                                      RIN 2120–AK88                                           DC, between 9 a.m. and 5 p.m., Monday                 FAA regulations with ICAO standards
                                                                                                              through Friday, except Federal holidays.              relevant to the North Atlantic and to
                                                      Incorporation by Reference of ICAO
                                                      Annex 2; Removal of Outdated North                      FOR FURTHER INFORMATION CONTACT: For                  airspace over the high seas. In January
                                                      Atlantic Minimum Navigation                             technical questions concerning this                   2016, ICAO announced that the NAT
                                                      Performance Specifications                              action, contact Kevin C. Kelley, Flight               Minimum Navigation Performance
                                                                                                              Technologies Division, Performance                    Specifications (MNPS) airspace would
                                                      AGENCY: Federal Aviation                                Based Flight Systems Branch, AFS–470,                 be renamed NAT High Level Airspace
                                                      Administration (FAA), DOT.                              Federal Aviation Administration, 800                  (HLA) effective February 4, 2016. ICAO
                                                      ACTION: Notice of proposed rulemaking                   Independence Avenue SW.,                              further announced that existing MNPS
                                                      (NPRM).                                                 Washington, DC 20591; telephone (202)                 authorizations by the State of the
                                                                                                              267–8854; email kevin.c.kelley@faa.gov.               operator or the State of registry will
                                                      SUMMARY:   This rulemaking proposes to                  SUPPLEMENTARY INFORMATION:                            expire in January 2020. As a result,
                                                      harmonize the FAA’s regulations                                                                               operators in the NAT HLA would no
                                                      regarding the North Atlantic (NAT)                      Authority for This Rulemaking
                                                                                                                                                                    longer be able to use the MNPS for the
                                                      Minimum Navigation Performance                             The FAA is responsible for the safety              navigation of aircraft and would be
                                                      Specifications (MNPS) with those of the                 of flight in the U.S. and for the safety              required to transition to a PBN
                                                      International Civil Aviation                            of U.S. civil operators, U.S.-registered              specification. Airspace over the high
                                                      Organization (ICAO). ICAO’s NAT                         civil aircraft, and U.S.-certificated                 seas (oceans, seas, and waters outside of
                                                      Region is transitioning from the                        airmen throughout the world. The                      sovereign jurisdiction) is governed by
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                                                      decades-old MNPS navigation                             FAA’s authority to issue rules on                     ICAO Annex 2. The FAA’s regulatory
                                                      specification to a more modern,                         aviation safety is found in title 49                  basis for operational authorizations for
                                                      Performance-Based Navigation (PBN)                      United States Code (U.S.C.). Subtitle I,              the NAT and for all airspace over the
                                                      specification. This proposed rule would                 section 106(f), describes the authority of            high seas is addressed in 14 CFR 91.703,
                                                      also correct and update the                             the FAA Administrator. Subtitle VII of                which incorporates Annex 2 by
                                                      incorporation by reference of ICAO                      title 49, Aviation Programs, describes in             reference, and § 91.705, which provides
                                                      Annex 2 in the FAA’s regulations.                       more detail the scope of the agency’s                 for NAT MNPS authorizations.
                                                      DATES: Send comments on or before                       authority. Section 40101(d)(1) provides                  This proposed rule, if adopted, would
                                                      October 31, 2016.                                       that the Administrator shall consider in              remove MNPS from part 91 of title 14


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Document Created: 2016-09-29 04:14:28
Document Modified: 2016-09-29 04:14:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM).
DatesWe must receive comments on this proposed AD by November 14, 2016.
ContactAlan Pohl, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917- 6450; fax: 425-917-6590; email: [email protected]
FR Citation81 FR 66874 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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