82 FR 11137 - Airworthiness Directives; The Boeing Company Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 33 (February 21, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 33 (February 21, 2017)
| Page Range | 11137-11140 | |
| FR Document | 2017-03030 |
[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)] [Rules and Regulations] [Pages 11137-11140] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-03030] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9111; Directorate Identifier 2016-NM-132-AD; Amendment 39-18802; AD 2017-04-07] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 757 airplanes. This AD was prompted by reports of single and multiple uncommanded spoiler panel extensions during flight when there was a hydraulic system failure. This AD requires replacing certain spoiler power control units (PCUs) with new or changed PCUs. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective March 28, 2017. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of March 28, 2017. ADDRESSES: For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; 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- 9111. 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- 9111; 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 AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647- 5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Myra Kuck, Aerospace Engineer, Cabin Safety/Mechanical & Environmental Systems Branch, ANM-150L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5316; fax: 562-627-5210; email: [email protected]. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 757 airplanes. The NPRM published in the Federal Register on September 22, 2016 (81 FR 65307) (``the NPRM''). The NPRM was prompted by reports of single and multiple uncommanded spoiler panel extensions during flight. The condition known as ``spoiler panel float'' occurred when there was a hydraulic system pressure loss. When the flaps were extended beyond 20 degrees the spoiler panel float became severe enough to adversely impact airplane control. The NPRM proposed to require replacing certain spoiler PCUs with new or changed PCUs. We are issuing this AD to prevent an uncommanded extension of multiple spoiler panels on one wing, in the event of a hydraulic system failure, which could result in the loss of control of the airplane. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA's response to each comment. Support for the NPRM United Airlines expressed support for the NPRM. Request To Revise Applicability MOOG Commercial Aircraft Group (MOOG) requested that we revise the applicability to include Boeing Model [[Page 11138]] 757-200SF airplanes. MOOG stated that these airplanes are operated by some cargo operators. We do not agree with MOOG's request. The designation ``Model 757- 200SF'' is used for marketing purposes, but is not included on the Model 757 type certificate data sheet. Therefore, we have not included this reference in the applicability of this AD. We have not revised this AD in this regard. Request To Revise Compliance Time The Air Line Pilots Association, International (ALPA) requested that we revise the compliance time from 51 months to 36 months. We do not agree with ALPA's request. ALPA did not submit any supporting data to justify its request. We have determined that the compliance time of 51 months is appropriate based upon failure probabilities, risk assessments, replacement rates, and part availability. We have not revised this AD in this regard. Request To Revise Unsafe Condition Statement and Paragraph (e) of the Proposed AD Boeing requested that we revise the NPRM to clarify the unsafe condition. The NPRM stated that the AD would prevent an ``uncommanded extension of spoiler panels.'' Boeing stated that an ``uncommanded extension of multiple spoiler panels on one wing'' more accurately describes the unsafe condition. Boeing explained that there is sufficient lateral control authority available to overcome an uncommanded extension of a single spoiler panel on one wing, or coincident uncommanded extension of a spoiler panel on each wing. We agree with Boeing's request and rationale. We have revised the Discussion section of this final rule and paragraph (e) of this AD accordingly. MOOG requested that we revise paragraph (e) of the proposed AD to emphasize the need to accomplish the service information in order to prevent the unsafe condition. We find that clarification is necessary. As stated in paragraph (g) of this AD, the spoiler PCUs must be replaced in accordance with the specified service information to address the unsafe condition. Service information that is incorporated by reference in an AD becomes part of the AD, and the applicable requirements must be accomplished as stated in the AD. Paragraph (e) of this AD is intended to specify the unsafe condition; details about accomplishing the service information are not included in this paragraph. We have not revised this AD in this regard. Request To Add Detail to the SUMMARY Section MOOG requested that to add clarity, we revise the SUMMARY section by adding most of the details found in Boeing's request (See ``Request to Clarify Spoiler Panel Float'' of this final rule.). We agree that the additional details in Boeing's comment provide a better understanding of the unsafe condition. We have added that information to the Discussion section, as discussed in our response to Boeing's comment. We have not added this information to the SUMMARY section of this final rule since it is not the appropriate location for such details. Request To Clarify Spoiler Panel Float Boeing requested that we revise the Discussion section of the NPRM to clarify that ``spoiler panel float'' occurred when there was a hydraulic system pressure loss, and that when the flaps were extended beyond 20 degrees, the spoiler panel float became severe enough to adversely impact airplane control. Boeing explained that spoiler float will occur at all flap detents in the presence of a failed hydraulic system and a compromised spoiler actuator. Boeing explained that the magnitude of the spoiler float angle at the flap detents of 20 degrees and below is relatively modest and results in a rolling moment that is well within the airplane's capabilities to offset. Boeing stated that when a flap detent greater than 20 degrees is selected, the magnitude of the spoiler float angle increases dramatically, and the float angle becomes large enough to reduce the margin of airplane control authority. We agree with Boeing's request because it provides additional details that clarify the unsafe condition. We have revised this final rule accordingly. Request for Warranty Coverage Thomson Airways stated that MOOG should be providing full industry support and warranty to correct its design fault. Thomson Airways stated that this spoiler PCU upgrade is increasing the ownership costs on an already aging fleet through poor design on behalf of MOOG. The FAA does not control warranty coverage. Manufacturers are responsible to determine appropriate industry warranty coverage. Therefore, we have not revised this AD in this regard. Request for Clarification of Parts Installation FedEx Express (FedEx) requested that we clarify whether a pre- service-bulletin part may be installed in positions 2, 4, 9, 10, and 11 after the effective date of the AD, but before the 51-month compliance date, provided the pre-service-bulletin part is removed and replaced with a post-service bulletin part before the 51-month compliance time. We agree that it is necessary to provide clarification. An operator may install a pre-service-bulletin part before the 51-month compliance time specified in this AD. As stated in paragraph (g) of this AD, the spoiler PCUs must be replaced at the specified positions with a new or changed PCU within 51 months after the effective date of this AD. However, after an operator complies with paragraph (g) of this AD, only new or changed PCUs may be installed (even if compliance is accomplished before the 51-month compliance time) at the locations identified in paragraph (g) of this AD. No change to this AD is needed in this regard. Effect of Winglets on Accomplishment of the Proposed Actions Aviation Partners Boeing (APB) stated that the installation of winglets per Supplemental Type Certificate (STC) ST01518SE does not affect the accomplishment of the manufacturer's service instructions. We agree with APB that STC ST01518SE does not affect the accomplishment of the manufacturer's service instructions. Therefore, the installation of STC ST01518SE does not affect the ability to accomplish the actions required by this AD. We have not changed this AD in this regard. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. We have determined that these minor changes:Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and Do not add any additional burden upon the public than was already proposed in the NPRM. We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD. [[Page 11139]] Related Service Information Under 1 CFR Part 51 We reviewed Boeing Alert Service Bulletin 757-27A0154, dated July 22, 2016. The service information describes procedures for replacing certain spoiler PCUs with new or changed PCUs. 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. Costs of Compliance We estimate that this AD affects 573 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost per Cost on U.S. Action Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Replacement of six PCUs.............. 8 work-hours x $85 per $32,652 $33,332 $19,099,236 hour = $680. ---------------------------------------------------------------------------------------------------------------- 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 This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ``significant regulatory action'' under Executive Order 12866, (2) Is not a ``significant rule'' under 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. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39--AIRWORTHINESS DIRECTIVES 0 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 0 2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD): 2017-04-07 The Boeing Company: Amendment 39-18802; Docket No. FAA- 2016-9111; Directorate Identifier 2016-NM-132-AD. (a) Effective Date This AD is effective March 28, 2017. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model 757-200, -200PF, - 200CB, and -300 series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 757-27A0154, dated July 22, 2016. (d) Subject Air Transport Association (ATA) of America Code 27; Flight controls. (e) Unsafe Condition This AD was prompted by reports of single and multiple uncommanded spoiler panel extensions during flight when there was a hydraulic system failure. We are issuing this AD to prevent an uncommanded extension of multiple spoiler panels on one wing, in the event of a hydraulic system failure, which could result in the loss of control of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Replacement Within 51 months after the effective date of this AD: Replace each spoiler power control unit (PCU) with a new or changed PCU at spoiler positions 2, 3, and 4 on the left wing, and spoiler positions 9, 10, and 11 on the right wing, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 757- 27A0154, dated July 22, 2016. (h) Alternative Methods of Compliance (AMOCs) (1) The Manager, Los Angeles 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) 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, Los Angeles 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 substep is labeled ``RC Exempt,'' then the RC requirement is removed from that step or substep. 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 approval of an AMOC, provided the RC steps, including substeps and identified figures, can [[Page 11140]] still be done as specified, and the airplane can be put back in an airworthy condition. (i) Related Information For more information about this AD, contact Myra Kuck, Aerospace Engineer, Cabin Safety/Mechanical & Environmental Systems branch, ANM-150L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, California 90712-4137; phone: 562- 627-5316; fax: 562-627-5210; email: [email protected]. (j) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Boeing Alert Service Bulletin 757-27A0154, dated July 22, 2016. (ii) Reserved. (3) For Boeing service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; Internet https://www.myboeingfleet.com. (4) 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. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. Issued in Renton, Washington, on January 23, 2017. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017-03030 Filed 2-17-17; 8:45 am] BILLING CODE 4910-13-P
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approval letter must specifically reference Issued in Renton, Washington, on January www.regulations.gov by searching for
this AD. 24, 2017. and locating Docket No. FAA–2016–
(ii) AMOCs approved previously for AD Dionne Palermo, 9111; or in person at the Docket
2011–10–17 are approved as AMOCs for the Acting Manager, Management Facility between 9 a.m.
corresponding provisions of this AD. Transport Airplane Directorate, Aircraft and 5 p.m., Monday through Friday,
(2) Contacting the Manufacturer: As of the Certification Service. except Federal holidays. The AD docket
effective date of this AD, for any requirement [FR Doc. 2017–03021 Filed 2–17–17; 8:45 am] contains this AD, the regulatory
in this AD to obtain corrective actions from BILLING CODE 4910–13–P evaluation, any comments received, and
a manufacturer, the action must be other information. The address for the
accomplished using a method approved by Docket Office (phone: 800–647–5527) is
the Manager, International Branch, ANM– DEPARTMENT OF TRANSPORTATION Docket Management Facility, U.S.
116, Transport Airplane Directorate, FAA; or Department of Transportation, Docket
the European Aviation Safety Agency Federal Aviation Administration Operations, M–30, West Building
(EASA); or Airbus’s EASA Design Ground Floor, Room W12–140, 1200
Organization Approval (DOA). If approved by 14 CFR Part 39 New Jersey Avenue SE., Washington,
the DOA, the approval must include the
[Docket No. FAA–2016–9111; Directorate DC 20590.
DOA-authorized signature.
Identifier 2016–NM–132–AD; Amendment FOR FURTHER INFORMATION CONTACT:
(k) Related Information 39–18802; AD 2017–04–07] Myra Kuck, Aerospace Engineer, Cabin
Refer to Mandatory Continuing Safety/Mechanical & Environmental
RIN 2120–AA64 Systems Branch, ANM–150L, FAA, Los
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2015–0115, dated Airworthiness Directives; The Boeing Angeles Aircraft Certification Office
June 23, 2015, for related information. This Company Airplanes (ACO), 3960 Paramount Boulevard,
MCAI may be found in the AD docket on the Lakewood, CA 90712–4137; phone:
Internet at http://www.regulations.gov by AGENCY: Federal Aviation 562–627–5316; fax: 562–627–5210;
searching for and locating Docket No. FAA– Administration (FAA), DOT. email: myra.j.kuck@faa.gov.
2016–9066. ACTION: Final rule. SUPPLEMENTARY INFORMATION:
(l) Material Incorporated by Reference Discussion
SUMMARY: We are adopting a new
(1) The Director of the Federal Register airworthiness directive (AD) for certain We issued a notice of proposed
approved the incorporation by reference The Boeing Company Model 757 rulemaking (NPRM) to amend 14 CFR
(IBR) of the service information listed in this airplanes. This AD was prompted by part 39 by adding an AD that would
paragraph under 5 U.S.C. 552(a) and 1 CFR reports of single and multiple apply to certain The Boeing Company
part 51. uncommanded spoiler panel extensions Model 757 airplanes. The NPRM
(2) You must use this service information during flight when there was a published in the Federal Register on
as applicable to do the actions required by September 22, 2016 (81 FR 65307) (‘‘the
hydraulic system failure. This AD
this AD, unless this AD specifies otherwise. NPRM’’). The NPRM was prompted by
requires replacing certain spoiler power
(3) The following service information was reports of single and multiple
control units (PCUs) with new or
approved for IBR on March 28, 2017. uncommanded spoiler panel extensions
changed PCUs. We are issuing this AD
(i) Airbus A300 Airworthiness Limitations
to address the unsafe condition on these during flight. The condition known as
Section, Part 2—Damage-Tolerant
products. ‘‘spoiler panel float’’ occurred when
Airworthiness Limitation Items, Revision 02,
DATES: This AD is effective March 28, there was a hydraulic system pressure
dated October 3, 2014.
2017. loss. When the flaps were extended
(ii) Reserved.
(4) The following service information was The Director of the Federal Register beyond 20 degrees the spoiler panel
approved for IBR on June 17, 2011 (76 FR approved the incorporation by reference float became severe enough to adversely
27875, May 13, 2011). of a certain publication listed in this AD impact airplane control. The NPRM
(i) Airbus A300 Airworthiness Limitations as of March 28, 2017. proposed to require replacing certain
Inspections Document AI/SE–M2/95A.1308/ spoiler PCUs with new or changed
ADDRESSES: For service information
07, Issue 4, dated June 2008. PCUs. We are issuing this AD to prevent
identified in this final rule, contact
(ii) Reserved. an uncommanded extension of multiple
Boeing Commercial Airplanes,
(5) For service information identified in spoiler panels on one wing, in the event
Attention: Contractual & Data Services
this AD, contact Airbus SAS, Airworthiness of a hydraulic system failure, which
(C&DS), 2600 Westminster Blvd., MC
Office– EAW, 1 Rond Point Maurice Bellonte, could result in the loss of control of the
110–SK57, Seal Beach, CA 90740–5600;
31707 Blagnac Cedex, France; telephone +33 airplane.
telephone 562–797–1717; Internet
5 61 93 36 96; fax +33 5 61 93 44 51; email
https://www.myboeingfleet.com. You Comments
account.airworth-eas@airbus.com; Internet
http://www.airbus.com.
may view this referenced service We gave the public the opportunity to
(6) You may view this service information information at the FAA, Transport participate in developing this AD. The
at the FAA, Transport Airplane Directorate, Airplane Directorate, 1601 Lind Avenue following presents the comments
1601 Lind Avenue SW., Renton, WA. For SW., Renton, WA. For information on received on the NPRM and the FAA’s
information on the availability of this the availability of this material at the response to each comment.
material at the FAA, call 425–227–1221. FAA, call 425–227–1221. It is also
(7) You may view this service information available on the Internet at http:// Support for the NPRM
rmajette on DSK2TPTVN1PROD with RULES
that is incorporated by reference at the www.regulations.gov by searching for United Airlines expressed support for
National Archives and Records and locating Docket No. FAA–2016– the NPRM.
Administration (NARA). For information on 9111.
the availability of this material at NARA, call
Request To Revise Applicability
Examining the AD Docket MOOG Commercial Aircraft Group
202–741–6030, or go to: http://
www.archives.gov/federal-register/cfr/ibr- You may examine the AD docket on (MOOG) requested that we revise the
locations.html. the Internet at http:// applicability to include Boeing Model
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Related Service Information Under 1 PCUs with new or changed PCUs. This Costs of Compliance
CFR Part 51 service information is reasonably
available because the interested parties We estimate that this AD affects 573
We reviewed Boeing Alert Service airplanes of U.S. registry.
Bulletin 757–27A0154, dated July 22, have access to it through their normal
2016. The service information describes course of business or by the means We estimate the following costs to
procedures for replacing certain spoiler identified in the ADDRESSES section. comply with this AD:
ESTIMATED COSTS
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
Replacement of six PCUs ............................... 8 work-hours × $85 per hour = $680 ............. $32,652 $33,332 $19,099,236
Authority for This Rulemaking Adoption of the Amendment control unit (PCU) with a new or changed
PCU at spoiler positions 2, 3, and 4 on the
Title 49 of the United States Code Accordingly, under the authority left wing, and spoiler positions 9, 10, and 11
specifies the FAA’s authority to issue delegated to me by the Administrator, on the right wing, in accordance with the
rules on aviation safety. Subtitle I, the FAA amends 14 CFR part 39 as Accomplishment Instructions of Boeing Alert
section 106, describes the authority of follows: Service Bulletin 757–27A0154, dated July 22,
the FAA Administrator. Subtitle VII: 2016.
Aviation Programs, describes in more PART 39—AIRWORTHINESS
(h) Alternative Methods of Compliance
detail the scope of the Agency’s DIRECTIVES (AMOCs)
authority. (1) The Manager, Los Angeles Aircraft
We are issuing this rulemaking under ■ 1. The authority citation for part 39
continues to read as follows: Certification Office (ACO), FAA, has the
the authority described in Subtitle VII, authority to approve AMOCs for this AD, if
Part A, Subpart III, Section 44701: Authority: 49 U.S.C. 106(g), 40113, 44701. requested using the procedures found in 14
‘‘General requirements.’’ Under that CFR 39.19. In accordance with 14 CFR 39.19,
§ 39.13 [Amended]
section, Congress charges the FAA with send your request to your principal inspector
promoting safe flight of civil aircraft in ■ 2. The FAA amends § 39.13 by adding or local Flight Standards District Office, as
air commerce by prescribing regulations the following new airworthiness appropriate. If sending information directly
for practices, methods, and procedures directive (AD): to the manager of the ACO, send it to the
attention of the person identified in
the Administrator finds necessary for 2017–04–07 The Boeing Company: paragraph (i) of this AD. Information may be
safety in air commerce. This regulation Amendment 39–18802; Docket No. emailed to: 9-ANM-LAACO-AMOC-
is within the scope of that authority FAA–2016–9111; Directorate Identifier Requests@faa.gov.
because it addresses an unsafe condition 2016–NM–132–AD. (2) Before using any approved AMOC,
that is likely to exist or develop on (a) Effective Date notify your appropriate principal inspector,
products identified in this rulemaking or lacking a principal inspector, the manager
This AD is effective March 28, 2017. of the local flight standards district office/
action.
(b) Affected ADs certificate holding district office.
Regulatory Findings (3) An AMOC that provides an acceptable
None.
This AD will not have federalism level of safety may be used for any repair,
(c) Applicability modification, or alteration required by this
implications under Executive Order
This AD applies to The Boeing Company AD if it is approved by the Boeing
13132. This AD will not have a Commercial Airplanes Organization
substantial direct effect on the States, on Model 757–200, –200PF, –200CB, and –300
series airplanes, certificated in any category, Designation Authorization (ODA) that has
the relationship between the national been authorized by the Manager, Los Angeles
as identified in Boeing Alert Service Bulletin
government and the States, or on the 757–27A0154, dated July 22, 2016. ACO, to make those findings. To be
distribution of power and approved, the repair method, modification
responsibilities among the various (d) Subject deviation, or alteration deviation must meet
levels of government. Air Transport Association (ATA) of the certification basis of the airplane, and the
For the reasons discussed above, I America Code 27; Flight controls. approval must specifically refer to this AD.
(4) For service information that contains
certify that this AD: (e) Unsafe Condition steps that are labeled as Required for
(1) Is not a ‘‘significant regulatory Compliance (RC), the provisions of
This AD was prompted by reports of single
action’’ under Executive Order 12866, paragraphs (h)(4)(i) and (h)(4)(ii) of this AD
and multiple uncommanded spoiler panel
(2) Is not a ‘‘significant rule’’ under extensions during flight when there was a apply.
DOT Regulatory Policies and Procedures hydraulic system failure. We are issuing this (i) The steps labeled as RC, including
(44 FR 11034, February 26, 1979), AD to prevent an uncommanded extension of substeps under an RC step and any figures
(3) Will not affect intrastate aviation multiple spoiler panels on one wing, in the identified in an RC step, must be done to
in Alaska, and event of a hydraulic system failure, which comply with the AD. If a step or substep is
(4) Will not have a significant could result in the loss of control of the labeled ‘‘RC Exempt,’’ then the RC
economic impact, positive or negative, airplane. requirement is removed from that step or
on a substantial number of small entities substep. An AMOC is required for any
(f) Compliance deviations to RC steps, including substeps
rmajette on DSK2TPTVN1PROD with RULES
under the criteria of the Regulatory and identified figures.
Comply with this AD within the
Flexibility Act. compliance times specified, unless already (ii) Steps not labeled as RC may be
List of Subjects in 14 CFR Part 39 done. deviated from using accepted methods in
accordance with the operator’s maintenance
Air transportation, Aircraft, Aviation (g) Replacement or inspection program without obtaining
safety, Incorporation by reference, Within 51 months after the effective date approval of an AMOC, provided the RC steps,
Safety. of this AD: Replace each spoiler power including substeps and identified figures, can
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still be done as specified, and the airplane SUMMARY: We are superseding Boulevard, Lakewood, CA 90712–4137;
can be put back in an airworthy condition. Airworthiness Directive (AD) 2012–16– phone: 562–627–5264; fax: 562–627–
(i) Related Information 07 for certain The Boeing Company 5210; email: jennifer.tsakoumakis@
For more information about this AD,
Model 737–500 series airplanes. AD faa.gov.
contact Myra Kuck, Aerospace Engineer, 2012–16–07 required inspections of the SUPPLEMENTARY INFORMATION:
Cabin Safety/Mechanical & Environmental fuselage skin at the chem-milled steps,
Systems branch, ANM–150L, FAA, Los and repair if necessary. This new AD Discussion
Angeles Aircraft Certification Office (ACO), adds new inspections, permanent We issued a notice of proposed
3960 Paramount Boulevard, Lakewood, repairs of time-limited repairs, related rulemaking (NPRM) to amend 14 CFR
California 90712–4137; phone: 562–627– investigative and corrective actions if part 39 to supersede AD 2012–16–07,
5316; fax: 562–627–5210; email: necessary, and skin panel replacement. Amendment 39–17154 (77 FR 48423,
myra.j.kuck@faa.gov. This AD was prompted by evaluation by August 14, 2012) (‘‘AD 2012–16–07’’).
(j) Material Incorporated by Reference the design approval holder (DAH) that AD 2012–16–07 applied to certain The
(1) The Director of the Federal Register indicates that the fuselage skin is Boeing Company Model 737–500 series
approved the incorporation by reference subject to widespread fatigue damage airplanes. The NPRM published in the
(IBR) of the service information listed in this (WFD), and reports of cracking in Federal Register on May 13, 2016 (81
paragraph under 5 U.S.C. 552(a) and 1 CFR certain areas of the fuselage skin. We are FR 29813) (‘‘the NPRM’’). The NPRM
part 51. issuing this AD to address the unsafe was prompted by evaluation by the
(2) You must use this service information condition on these products. DAH that indicates that the fuselage
as applicable to do the actions required by skin is subject to WFD, and reports of
this AD, unless the AD specifies otherwise. DATES: This AD is effective March 28,
(i) Boeing Alert Service Bulletin 757– 2017. cracks at the chem-milled steps in the
27A0154, dated July 22, 2016. The Director of the Federal Register fuselage skin. The NPRM proposed to
(ii) Reserved. approved the incorporation by reference continue to require inspections of the
(3) For Boeing service information of a certain publication listed in this AD fuselage skin at the chem-milled steps,
identified in this AD, contact Boeing as of March 28, 2017. and repair if necessary. The NPRM also
Commercial Airplanes, Attention: ADDRESSES: For service information proposed to add new fuselage skin
Contractual & Data Services (C&DS), 2600 inspections for cracking, inspections to
identified in this final rule, contact
Westminster Blvd., MC 110–SK57, Seal detect missing or loose fasteners and
Beach, CA 90740–5600; telephone 562–797– Boeing Commercial Airplanes,
Attention: Contractual & Data Services any disbonding or cracking of bonded
1717; Internet https:// doublers, permanent repairs of time-
www.myboeingfleet.com. (C&DS), 2600 Westminster Blvd., MC
(4) You may view this referenced service 110–SK57, Seal Beach, CA 90740–5600; limited repairs, related investigative and
information at the FAA, Transport Airplane telephone 562–797–1717; Internet corrective actions if necessary, and skin
Directorate, 1601 Lind Avenue SW., Renton, https://www.myboeingfleet.com. You panel replacement. We are issuing this
WA. For information on the availability of may view this referenced service AD to detect and correct cracking on the
this material at the FAA, call 425–227–1221. information at the FAA, Transport aft lower lobe fuselage skins, which
(5) You may view this service information could result in rapid decompression of
Airplane Directorate, 1601 Lind Avenue
that is incorporated by reference at the the airplane.
National Archives and Records SW., Renton, WA. For information on
Administration (NARA). For information on the availability of this material at the Comments
the availability of this material at NARA, call FAA, call 425–227–1221. It is also
We gave the public the opportunity to
202–741–6030, or go to: http:// available on the Internet at http://
participate in developing this AD. The
www.archives.gov/federal-register/cfr/ibr- www.regulations.gov by searching for
locations.html.
following presents the comments
and locating Docket No. FAA–2016–
received on the NPRM and the FAA’s
Issued in Renton, Washington, on January 6664.
response to each comment.
23, 2017.
Examining the AD Docket Request To Remove Time-Limited
Dionne Palermo,
Acting Manager, Transport Airplane
You may examine the AD docket on Repair Exception From Paragraph (g) of
Directorate, Aircraft Certification Service. the Internet at http:// the Proposed AD
[FR Doc. 2017–03030 Filed 2–17–17; 8:45 am]
www.regulations.govby searching for Boeing requested that we remove the
and locating Docket No. FAA–2016– paragraph (h)(5) exception specified in
BILLING CODE 4910–13–P
6664; or in person at the Docket paragraph (g) of the proposed AD.
Management Facility between 9 a.m. Boeing stated that paragraph (h)(5) of
DEPARTMENT OF TRANSPORTATION and 5 p.m., Monday through Friday, the proposed AD refers to structure with
except Federal holidays. The AD docket time-limited repairs and is not
Federal Aviation Administration contains this AD, the regulatory applicable to paragraph (g) of the
evaluation, any comments received, and proposed AD, which deals with actions
14 CFR Part 39 other information. The address for the on unrepaired structure.
Docket Office (phone: 800–647–5527) is We agree with Boeing’s request to
[Docket No. FAA–2016–6664; Directorate Docket Management Facility, U.S.
Identifier 2015–NM–177–AD; Amendment remove the paragraph (h)(5) reference in
Department of Transportation, Docket paragraph (g) of this AD for the reason
39–18795; AD 2017–03–04]
Operations, M–30, West Building provided by Boeing. We have revised
RIN 2120–AA64 Ground Floor, Room W12–140, 1200 paragraph (g) of this AD accordingly.
New Jersey Avenue SE., Washington,
rmajette on DSK2TPTVN1PROD with RULES
Airworthiness Directives; The Boeing DC 20590. Request To Revise Proposed
Company Airplanes FOR FURTHER INFORMATION CONTACT: Compliance Time and Method of
Jennifer Tsakoumakis, Aerospace Compliance
AGENCY: Federal Aviation
Administration (FAA), DOT. Engineer, Airframe Branch, ANM–120L, Boeing requested that we revise
FAA, Los Angeles Aircraft Certification paragraphs (h)(4), (k)(1), and (k)(2) of
ACTION: Final rule.
Office (ACO), 3960 Paramount the proposed AD to specify that the skin
VerDate Sep<11>2014 14:42 Feb 17, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\21FER1.SGM 21FER1](https://thefederalregister.org/doc/82_FR_11170/page/4.svg)
Document Created: 2018-02-01 15:04:11
Document Modified: 2018-02-01 15:04:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective March 28, 2017. | |
| Contact | Myra Kuck, Aerospace Engineer, Cabin Safety/Mechanical & Environmental Systems Branch, ANM-150L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5316; fax: 562-627-5210; email: [email protected] | |
| FR Citation | 82 FR 11137 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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