82 FR 61675 - Airworthiness Directives; The Boeing Company Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 249 (December 29, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 249 (December 29, 2017)
| Page Range | 61675-61678 | |
| FR Document | 2017-28158 |
[Federal Register Volume 82, Number 249 (Friday, December 29, 2017)] [Rules and Regulations] [Pages 61675-61678] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-28158] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-1179; Product Identifier 2017-NM-177-AD; Amendment 39-19141; AD 2017-26-10] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: We are superseding Airworthiness Directive (AD) 2015-08-01, which applied to certain The Boeing Company Model 757 airplanes. AD 2015-08-01 required, depending on [[Page 61676]] airplane configuration, installing new relays and bracket assemblies, inspecting to ensure that the new relays do not contact adjacent wire bundles, torqueing the bracket assembly installation nuts and ground stud nuts, retesting the bond resistance between the bracket assemblies and the terminal lugs on the ground studs, and doing related investigative and corrective actions if necessary. This AD does not retain any requirements, and instead requires deactivating the spoiler control module relays and capping and stowing the associated wiring on airplanes on which the actions required by AD 2015-08-01 have been done. This AD was prompted by a report of an uncommanded spoiler movement during flap configuration just before landing, on an airplane on which the actions required by AD 2015-08-01 had been done. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective January 3, 2018. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 3, 2018. We must receive comments on this AD by February 12, 2018. 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 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 service information at the FAA, Transport Standards Branch, 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-2017-1179. 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-2017- 1179; 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 final rule, 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: Myra Kuck, Aerospace Engineer, Cabin Safety, Mechanical & Environmental Systems Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5316; fax: 562-627-5210; email: [email protected]. SUPPLEMENTARY INFORMATION: Discussion We issued AD 2015-08-01, Amendment 39-18137 (80 FR 21645, April 20, 2015) (``AD 2015-08-01''), for certain Model 757 airplanes. AD 2015-08- 01 required, depending on airplane configuration, installing new relays and bracket assemblies, inspecting to ensure that the new relays do not contact adjacent wire bundles, torqueing the bracket assembly installation nuts and ground stud nuts, retesting the bond resistance between the bracket assemblies and the terminal lugs on the ground studs, and doing related investigative and corrective actions if necessary. AD 2015-08-01 resulted from numerous reports of unintended lateral oscillations during final approach, just before landing. We issued AD 2015-08-01 to reduce the chance of unintended lateral oscillations near touchdown, which could result in loss of lateral control of the airplane, and consequent airplane damage or injury to flight crew and passengers. Actions Since AD 2015-08-01 Was Issued Since we issued AD 2015-08-01, we have received a report of a momentary uncommanded spoiler movement during flap configuration just before landing, on a Model 757 airplane that had been inspected and modified in accordance with AD 2015-08-01. AD 2015-08-01 requires accomplishment of Boeing Service Bulletin 757-27A0152, which is intended to reduce the chance of a pilot-induced oscillation (PIO) during quick flight maneuvers, such as the final phase of approach in strong wind conditions, by preventing the deployment, during landing operations, of spoiler pairs 1 and 12, and 5 and 8. Boeing's subsequent investigation of Boeing Service Bulletin 757-27A0152 found that a switch in one of the relays added by that service information had failed to an electrically open position. We are issuing this AD to correct the unsafe condition on these products. Related Service Information Under 1 CFR Part 51 We reviewed Boeing Alert Service Bulletin 757-27A0157, dated December 18, 2017. The service information describes procedures for deactivating the spoiler control module relays and capping and stowing the associated wiring. 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 issuing 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. AD Requirements This AD retains none of the requirements of AD 2015-08-01. This AD requires accomplishment of the actions identified as ``RC'' (required for compliance) in the Accomplishment Instructions of Boeing Alert Service Bulletin 757-27A0157, dated December 18, 2017, 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-2017-1179. Interim Action We consider this AD interim action. If final action is later identified, we might consider further rulemaking then. FAA's Justification and Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because failure to deactivate the spoiler control module relays and cap and stow associated wiring can result in a failure condition that can cause an uncommanded spoiler movement [[Page 61677]] resulting in loss of controllability of the airplane during the approach phase of flight. Therefore, we find good cause that notice and opportunity for prior public comment are impracticable. In addition, for the reason stated above, we find that good cause exists for making this amendment effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. However, we invite you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under the ADDRESSES section. Include the docket number FAA-2017- 1179 and Product Identifier 2017-NM-177-AD at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this final rule. We will consider all comments received by the closing date and may amend this final rule 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 final rule. Costs of Compliance We estimate that this AD affects 626 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 ---------------------------------------------------------------------------------------------------------------- Deactivating spoiler control module 14 work-hours x $85 per $1,380 $2,570 * relay. hour = $1,190. ---------------------------------------------------------------------------------------------------------------- * Based on our estimate of 169 airplanes that are in compliance with the requirements of AD 2015-08-01 and subject to the deactivation requirements of this AD, the total fleet cost for this AD is approximately $434,330. 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. This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes to the Director of the System Oversight Division. Regulatory Findings We have determined that 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 removing Airworthiness Directive (AD) 2015-08-01, Amendment 39-18137 (80 FR 21645, April 20, 2015), and adding the following new AD: 2017-26-10 The Boeing Company: Amendment 39-19141; Docket No. FAA- 2017-1179; Product Identifier 2017-NM-177-AD. (a) Effective Date This AD is effective January 3, 2018. (b) Affected ADs This AD replaces AD 2015-08-01, Amendment 39-18137 (80 FR 21645, April 20, 2015) (``AD 2015-08-01''). (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 757-27A0157, dated December 18, 2017. (d) Subject Air Transport Association (ATA) of America Code 27, Flight controls. (e) Unsafe Condition This AD was prompted by a report of a momentary uncommanded spoiler movement during flap configuration just before landing that occurred on an airplane on which the actions required by AD 2015-08- 01 had been done. We are issuing this AD to prevent a failure condition that can cause an uncommanded spoiler movement resulting in loss of controllability of the airplane during the approach phase of flight. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions (1) For airplanes in Configuration 1 in Groups 1, 2, and 3, as defined in Boeing Alert Service Bulletin 757-27A0157, dated December 18, 2017: Within 90 days after the effective date of this AD, do all applicable actions identified as ``RC'' (required for compliance) in, and in accordance with, the [[Page 61678]] Accomplishment Instructions of Boeing Alert Service Bulletin 757- 27A0157, dated December 18, 2017. (2) For airplanes in Configuration 2 in Groups 1, 2, and 3, as defined in Boeing Alert Service Bulletin 757-27A0157, dated December 18, 2017: No work is required by this paragraph. (h) Prohibited Modification As of the effective date of this AD, do not accomplish the actions specified in Boeing Service Bulletin 757-27A0152 on any airplane. (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, Los Angeles ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (j) of this AD. Information may be emailed to [email protected]. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the 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 Branch, 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) AMOCs approved previously for AD 2015-08-01 are not approved as AMOCs for any provision in this AD. (5) For service information that contains steps that are labeled as RC, the provisions of paragraphs (i)(5)(i) and (i)(5)(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 still be done as specified, and the airplane can be put back in an airworthy condition. (j) Related Information For more information about this AD, contact Myra Kuck, Aerospace Engineer, Cabin Safety, Mechanical & Environmental Systems Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5316; fax: 562-627-5210; email: [email protected]. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Boeing Alert Service Bulletin 757-27A0157, dated December 18, 2017. (ii) Reserved. (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740- 5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. (4) You may view this service information at the FAA, Transport Standards Branch, 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 December 22, 2017. John P. Piccola, Jr., Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2017-28158 Filed 12-28-17; 8:45 am] BILLING CODE 4910-13-P
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information from various sources, such they would be submitted to OMB for Any questions about the compliance
as the Board’s Budget and Personnel approval. guide should be sent to Richard Lower
Committee, representatives from private This final rule imposes no additional at the previously mentioned address in
research firms, and input from industry reporting or recordkeeping requirements the FOR FURTHER INFORMATION CONTACT
personnel. Alternative expenditure on either small or large Oregon and section.
levels were discussed by these groups, Washington hazelnut handlers. As with After consideration of all relevant
based upon the relative value of various all Federal marketing order programs, matter presented, including the
activities to the hazelnut industry. Many reports and forms are periodically information and recommendation
growers at the May 17, 2017, meeting reviewed to reduce information submitted by the Board and other
were in favor of even greater spending requirements and duplication by available information, it is hereby found
by the Board on promotional activities industry and public sector agencies. As that this rule, as hereinafter set forth,
for hazelnuts, while handlers were more noted in the initial regulatory flexibility will tend to effectuate the declared
conservative. analysis, USDA has not identified any policy of the Act.
The Board ultimately determined that relevant Federal rules that duplicate,
2017–2018 marketing year expenditures overlap, or conflict with this final rule. List of Subjects in 7 CFR Part 982
of $878,627 were appropriate, and the AMS is committed to complying with Hazelnuts, Marketing agreements,
recommended assessment rate, when the E-Government Act, to promote the Nuts, Reporting and recordkeeping
combined with reserve funds and other use of the internet and other requirements.
income, should generate sufficient information technologies to provide For the reasons set forth in the
revenue to meet its budgeted expenses. increased opportunities for citizen preamble, 7 CFR part 982 is amended as
Further, the Board will maintain a access to Government information and follows:
$180,000 emergency fund throughout services, and for other purposes.
the 2017–2018 marketing year in order A proposed rule concerning this PART 982—HAZELNUTS GROWN IN
to cover any unforeseen or emergency action was published in the Federal OREGON AND WASHINGTON
operational expenses. If the 2017–2018 Register on August 18, 2017 (82 FR
emergency funds are not expended, the 39369). Copies of the rule were mailed ■ 1. The authority citation for 7 CFR
resulting operating reserve would not or sent via facsimile to all Board part 982 continues to read as follows:
exceed the limit authorized under the members and hazelnut handlers.
Authority: 7 U.S.C. 601–674.
Order. Finally, the rule was made available
A review of historical information and through the internet by USDA and the ■ 2. Section 982.340 is revised to read
preliminary information pertaining to Office of the Federal Register. A 30-day as follows:
the upcoming marketing year indicates comment period ending September 18,
that the grower price for the 2017–2018 2017, was provided to allow interested § 982.340 Assessment rate.
marketing year could range between persons to respond to the proposal. On and after July 1, 2017, an
$0.81 and $1.80 per pound (NASS, Two comments were received during assessment rate of $0.006 per pound is
2017). Therefore, the estimated the comment period in response to the established for Oregon and Washington
assessment revenue for the 2017–2018 proposal. Both comments were hazelnuts.
marketing year as a percentage of total generally in support of the assessment Dated: December 26, 2017.
grower revenue could range between rate increase and believed that the Bruce Summers,
0.74 and 0.33 percent, respectively. action would have a minimal impact on
Acting Administrator, Agricultural Marketing
This action increases the assessment consumers. However, one commenter Service.
obligation imposed on handlers. While was concerned that the notice and
[FR Doc. 2017–28171 Filed 12–28–17; 8:45 am]
assessments impose some additional comment process for changes in
BILLING CODE 3410–02–P
costs on handlers, the costs are minimal assessment rates was burdensome, and
and uniform on all handlers. Some of the other commenter expressed the
the additional costs may be passed on opinion that the assessment rate should
to growers. However, these costs would have a time limit and should not be in DEPARTMENT OF TRANSPORTATION
be offset by the benefits derived by the effect indefinitely.
operation of the Marketing Order. In Notice and comment rulemaking is Federal Aviation Administration
addition, the Board’s meeting was required by statute for all changes made
widely publicized throughout the to marketing order regulations, 14 CFR Part 39
Oregon and Washington hazelnut including, but not limited to, [Docket No. FAA–2017–1179; Product
industry, and all interested persons establishment of assessment rates. In Identifier 2017–NM–177–AD; Amendment
were invited to attend the meeting and addition, all marketing order regulations 39–19141; AD 2017–26–10]
participate in Board deliberations on all are in effect indefinitely unless a
RIN 2120–AA64
issues. Like all Board meetings, the May specific effective period is defined in
17, 2017, meeting was a public meeting, the regulation when it is established. Airworthiness Directives; The Boeing
and all entities, both large and small, The Board chose not to establish a Company Airplanes
were able to express views on this issue. specific time period for the regulation
In accordance with the Paperwork and is aware that the regulation will be AGENCY: Federal Aviation
Reduction Act of 1995 (44 U.S.C. effective indefinitely until changed. Administration (FAA), DOT.
Chapter 35), the Order’s information Accordingly, no changes will be made ACTION: Final rule; request for
nshattuck on DSK9F9SC42PROD with RULES
collection requirements have been to the rule as proposed, based on the comments.
previously approved by OMB and comments received.
assigned OMB No. 0581–0178, A small business guide on complying SUMMARY: We are superseding
‘‘Vegetable and Specialty Crops.’’ No with fruit, vegetable, and specialty crop Airworthiness Directive (AD) 2015–08–
changes in those requirements are marketing agreements and orders may 01, which applied to certain The Boeing
necessary as a result of this action. be viewed at: http://www.ams.usda.gov/ Company Model 757 airplanes. AD
Should any changes become necessary, rules-regulations/moa/small-businesses. 2015–08–01 required, depending on
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resulting in loss of controllability of the However, we invite you to send any We will post all comments we
airplane during the approach phase of written data, views, or arguments about receive, without change, to http://
flight. Therefore, we find good cause this final rule. Send your comments to www.regulations.gov, including any
that notice and opportunity for prior an address listed under the ADDRESSES personal information you provide. We
public comment are impracticable. In section. Include the docket number will also post a report summarizing each
addition, for the reason stated above, we FAA–2017–1179 and Product Identifier substantive verbal contact we receive
find that good cause exists for making 2017–NM–177–AD at the beginning of about this final rule.
this amendment effective in less than 30 your comments. We specifically invite
days. Costs of Compliance
comments on the overall regulatory,
Comments Invited economic, environmental, and energy We estimate that this AD affects 626
This AD is a final rule that involves aspects of this final rule. We will airplanes of U.S. registry. We estimate
requirements affecting flight safety and consider all comments received by the the following costs to comply with this
was not preceded by notice and an closing date and may amend this final AD:
opportunity for public comment. rule because of those comments.
ESTIMATED COSTS
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
Deactivating spoiler control module relay ....... 14 work-hours × $85 per hour = $1,190 ........ $1,380 $2,570 *
* Based on our estimate of 169 airplanes that are in compliance with the requirements of AD 2015–08–01 and subject to the deactivation re-
quirements of this AD, the total fleet cost for this AD is approximately $434,330.
Authority for This Rulemaking the States, on the relationship between 2017–26–10 The Boeing Company:
the national government and the States, Amendment 39–19141; Docket No.
Title 49 of the United States Code FAA–2017–1179; Product Identifier
specifies the FAA’s authority to issue or on the distribution of power and
2017–NM–177–AD.
rules on aviation safety. Subtitle I, responsibilities among the various
Section 106, describes the authority of levels of government. (a) Effective Date
the FAA Administrator. Subtitle VII, For the reasons discussed above, I This AD is effective January 3, 2018.
Aviation Programs, describes in more certify that this AD:
(1) Is not a ‘‘significant regulatory (b) Affected ADs
detail the scope of the Agency’s This AD replaces AD 2015–08–01,
action’’ under Executive Order 12866,
authority. Amendment 39–18137 (80 FR 21645, April
(2) Is not a ‘‘significant rule’’ under
We are issuing this rulemaking under 20, 2015) (‘‘AD 2015–08–01’’).
DOT Regulatory Policies and Procedures
the authority described in Subtitle VII,
(44 FR 11034, February 26, 1979), (c) Applicability
Part A, Subpart III, Section 44701, (3) Will not affect intrastate aviation
‘‘General requirements.’’ Under that This AD applies to The Boeing Company
in Alaska, and Model 757–200, –200PF, –200CB, and –300
section, Congress charges the FAA with (4) Will not have a significant series airplanes, certificated in any category,
promoting safe flight of civil aircraft in economic impact, positive or negative, as identified in Boeing Alert Service Bulletin
air commerce by prescribing regulations on a substantial number of small entities 757–27A0157, dated December 18, 2017.
for practices, methods, and procedures under the criteria of the Regulatory
the Administrator finds necessary for (d) Subject
Flexibility Act.
safety in air commerce. This regulation Air Transport Association (ATA) of
is within the scope of that authority List of Subjects in 14 CFR Part 39 America Code 27, Flight controls.
because it addresses an unsafe condition Air transportation, Aircraft, Aviation (e) Unsafe Condition
that is likely to exist or develop on safety, Incorporation by reference, This AD was prompted by a report of a
products identified in this rulemaking Safety. momentary uncommanded spoiler movement
action. during flap configuration just before landing
This AD is issued in accordance with Adoption of the Amendment that occurred on an airplane on which the
authority delegated by the Executive Accordingly, under the authority actions required by AD 2015–08–01 had been
Director, Aircraft Certification Service, delegated to me by the Administrator, done. We are issuing this AD to prevent a
as authorized by FAA Order 8000.51C. the FAA amends 14 CFR part 39 as failure condition that can cause an
In accordance with that order, issuance follows: uncommanded spoiler movement resulting in
loss of controllability of the airplane during
of ADs is normally a function of the
PART 39—AIRWORTHINESS the approach phase of flight.
Compliance and Airworthiness
Division, but during this transition DIRECTIVES (f) Compliance
period, the Executive Director has Comply with this AD within the
delegated the authority to issue ADs ■ 1. The authority citation for part 39 compliance times specified, unless already
applicable to transport category continues to read as follows: done.
airplanes to the Director of the System Authority: 49 U.S.C. 106(g), 40113, 44701. (g) Required Actions
nshattuck on DSK9F9SC42PROD with RULES
Oversight Division.
§ 39.13 [Amended] (1) For airplanes in Configuration 1 in
Regulatory Findings Groups 1, 2, and 3, as defined in Boeing Alert
■ 2. The FAA amends § 39.13 by Service Bulletin 757–27A0157, dated
We have determined that this AD will removing Airworthiness Directive (AD) December 18, 2017: Within 90 days after the
not have federalism implications under 2015–08–01, Amendment 39–18137 (80 effective date of this AD, do all applicable
Executive Order 13132. This AD will FR 21645, April 20, 2015), and adding actions identified as ‘‘RC’’ (required for
not have a substantial direct effect on the following new AD: compliance) in, and in accordance with, the
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Accomplishment Instructions of Boeing Alert Lakewood, CA 90712–4137; phone: 562–627– services of the same type under
Service Bulletin 757–27A0157, dated 5316; fax: 562–627–5210; email: Medicare.’’ This final rule adopts
December 18, 2017. Myra.J.Kuck@faa.gov. Medicare’s reimbursement
(2) For airplanes in Configuration 2 in
(k) Material Incorporated by Reference methodologies for inpatient services
Groups 1, 2, and 3, as defined in Boeing Alert
Service Bulletin 757–27A0157, dated (1) The Director of the Federal Register provided by LTCHs and IRFs. Each
December 18, 2017: No work is required by approved the incorporation by reference reimbursement methodology will be
this paragraph. (IBR) of the service information listed in this phased in over a 3-year period. This
paragraph under 5 U.S.C. 552(a) and 1 CFR final rule also removes the definitions
(h) Prohibited Modification
part 51. for ‘‘hospital, long-term (tuberculosis,
As of the effective date of this AD, do not (2) You must use this service information chronic care, or rehabilitation)’’ and
accomplish the actions specified in Boeing as applicable to do the actions required by ‘‘long-term hospital care,’’ and creates
Service Bulletin 757–27A0152 on any this AD, unless the AD specifies otherwise.
airplane. separate definitions for ‘‘Long Term
(i) Boeing Alert Service Bulletin 757–
27A0157, dated December 18, 2017.
Care Hospital’’ and ‘‘Inpatient
(i) Alternative Methods of Compliance Rehabilitation Facility’’ adopting
(AMOCs) (ii) Reserved.
(3) For service information identified in Centers for Medicare & Medicaid
(1) The Manager, Los Angeles ACO Branch, this AD, contact Boeing Commercial Services (CMS) classification criteria.
FAA, has the authority to approve AMOCs Airplanes, Attention: Contractual & Data This final rule also includes authority
for this AD, if requested using the procedures Services (C&DS), 2600 Westminster Blvd., for a year-end, discretionary General
found in 14 CFR 39.19. In accordance with MC 110–SK57, Seal Beach, CA 90740–5600;
14 CFR 39.19, send your request to your Temporary Military Contingency
telephone 562–797–1717; internet https:// Payment Adjustment (GTMCPA) for
principal inspector or local Flight Standards www.myboeingfleet.com.
District Office, as appropriate. If sending inpatient services in TRICARE network
(4) You may view this service information
information directly to the manager of the at the FAA, Transport Standards Branch,
IRFs when deemed essential to meet
certification office, send it to the attention of 1601 Lind Avenue SW, Renton, WA. For military contingency requirements.
the person identified in paragraph (j) of this DATES: This rule is effective March 5,
information on the availability of this
AD. Information may be emailed to 9-ANM- 2018.
material at the FAA, call 425–227–1221.
LAACO-AMOC-Requests@faa.gov.
(5) You may view this service information Applicability Date: The regulations
(2) Before using any approved AMOC,
that is incorporated by reference at the setting forth the revised reimbursement
notify your appropriate principal inspector,
National Archives and Records systems shall be applicable for all
or lacking a principal inspector, the manager
Administration (NARA). For information on admissions to Long Term Care Hospitals
of the local flight standards district office/
the availability of this material at NARA, call and Inpatient Rehabilitation Facilities,
certificate holding district office.
202–741–6030, or go to: http://
(3) An AMOC that provides an acceptable respectively, commencing on or after
www.archives.gov/federal-register/cfr/ibr-
level of safety may be used for any repair, the first day of the month which is at
modification, or alteration required by this locations.html.
least 120 days after the date of
AD if it is approved by the Boeing Issued in Renton, Washington, on publication of this rule in the Federal
Commercial Airplanes Organization December 22, 2017.
Designation Authorization (ODA) that has Register.
John P. Piccola, Jr.,
been authorized by the Manager, Los Angeles FOR FURTHER INFORMATION CONTACT:
Acting Director, System Oversight Division,
ACO Branch, to make those findings. To be Sharon Seelmeyer, Defense Health
Aircraft Certification Service.
approved, the repair method, modification Agency (DHA), Medical Benefits and
deviation, or alteration deviation must meet [FR Doc. 2017–28158 Filed 12–28–17; 8:45 am]
Reimbursement Branch, telephone (303)
the certification basis of the airplane, and the BILLING CODE 4910–13–P
approval must specifically refer to this AD. 676–3690.
(4) AMOCs approved previously for AD SUPPLEMENTARY INFORMATION:
2015–08–01 are not approved as AMOCs for
DEPARTMENT OF DEFENSE I. Executive Summary
any provision in this AD.
(5) For service information that contains A. Purpose of the Final Rule
steps that are labeled as RC, the provisions Office of the Secretary
of paragraphs (i)(5)(i) and (i)(5)(ii) of this AD 1. Long Term Care Hospitals (LTCHs)
apply. 32 CFR Part 199 The purpose of this final rule is to
(i) The steps labeled as RC, including establish a reimbursement system for
substeps under an RC step and any figures [Docket ID: DOD–2012–HA–0146]
identified in an RC step, must be done to
LTCHs in accordance with the statutory
RIN 0720–AB47 provision at title 10, United States Code
comply with the AD. If a step or substep is
labeled ‘‘RC Exempt,’’ then the RC (U.S.C.), section 1079(i)(2). This statute
TRICARE; Reimbursement of Long
requirement is removed from that step or requires that TRICARE payment for
Term Care Hospitals and Inpatient
substep. An AMOC is required for any institutional care be determined, to the
deviations to RC steps, including substeps Rehabilitation Facilities
extent practicable, in accordance with
and identified figures. AGENCY: Office of the Secretary, the same rules as those that apply to
(ii) Steps not labeled as RC may be payments to providers of services of the
Department of Defense (DoD).
deviated from using accepted methods in
accordance with the operator’s maintenance ACTION: Final rule. same type under Medicare. Medicare
or inspection program without obtaining pays LTCHs using a LTCH Prospective
approval of an AMOC, provided the RC steps, SUMMARY: This final rule establishes Payment System (PPS) which classifies
including substeps and identified figures, can reimbursement rates for Long Term Care LTCH patients into distinct Diagnosis-
still be done as specified, and the airplane Hospitals (LTCHs) and Inpatient Related Groups (DRGs). The patient
nshattuck on DSK9F9SC42PROD with RULES
can be put back in an airworthy condition. Rehabilitation Facilities (IRFs) in classification system groupings are
(j) Related Information accordance with the statutory called Medicare Severity Long Term
For more information about this AD,
requirement that TRICARE inpatient Care Diagnosis Related Groups (MS–
contact Myra Kuck, Aerospace Engineer, care ‘‘payments shall be determined to LTC–DRGs), which are the same DRG
Cabin Safety, Mechanical & Environmental the extent practicable in accordance groupings used under the Medicare
Systems Section, FAA, Los Angeles ACO with the same reimbursement rules as acute hospital inpatient prospective
Branch, 3960 Paramount Boulevard, apply to payments to providers of payment system (IPPS), but that have
VerDate Sep<11>2014 13:22 Dec 28, 2017 Jkt 244001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\29DER1.SGM 29DER1](https://thefederalregister.org/doc/82_FR_61924/page/4.svg)
Document Created: 2018-01-03 13:16:43
Document Modified: 2018-01-03 13:16:43
| 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; request for comments. | |
| Dates | This AD is effective January 3, 2018. | |
| Contact | Myra Kuck, Aerospace Engineer, Cabin Safety, Mechanical & Environmental Systems Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5316; fax: 562-627-5210; email: [email protected] | |
| FR Citation | 82 FR 61675 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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