83 FR 38247 - Airworthiness Directives; the Boeing Company Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 83, Issue 151 (August 6, 2018)
Federal Aviation Administration
Federal Register Volume 83, Issue 151 (August 6, 2018)
| Page Range | 38247-38250 | |
| FR Document | 2018-16320 |
[Federal Register Volume 83, Number 151 (Monday, August 6, 2018)] [Rules and Regulations] [Pages 38247-38250] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16320] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0805; Product Identifier 2017-NM-051-AD; Amendment 39-19235; AD 2018-07-04] 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 all The Boeing Company Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes, Model MD-88 airplanes, and Model MD-90- 30 airplanes. This AD was prompted by a report of loss of airspeed indication due to icing. This AD requires modifying the air data heat (ADH) system. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective September 10, 2018. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of September 10, 2018. 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 service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017- 0805. 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- 0805; 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 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: Eric Igama, Aerospace Engineer, Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5388; 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 all The Boeing Company Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes, Model MD-88 airplanes, and Model MD-90-30 airplanes. The NPRM published in the Federal Register on August 25, 2017 (82 FR 40505). The NPRM was prompted by a report of loss of airspeed indication due to icing. The NPRM proposed to require modifying the ADH system. We are issuing this AD to prevent operation of unheated air data sensors in icing conditions. Failure to activate the ADH system in icing conditions could result in irregular airspeed or altitude indications, which could possibly result in a runway overrun during a high speed rejected takeoff (RTO) due to failure to rotate before the end of the runway, or a stall/overspeed during flight. Comments We gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM and the FAA's response to each comment. [[Page 38248]] Support for the NPRM Boeing and the Air Line Pilots Association, International (ALPA) expressed support for the NPRM. Request To Allow the Use of Alternative Ground Terminal Locations Delta Airlines (DAL) requested that we revise the proposed AD to allow alternative ground terminal locations for certain wires. DAL noted that, during prototype testing, it was unable to relocate ground wire 2EB292B20N or ground wire 1EB292B20N to certain ground termination points because those points were already full of existing wires. DAL noted that Boeing Alert Service Bulletin MD90-30A031, dated June 2, 2017, specifies locating ground wires in specific ground termination points, and that action is required for compliance (RC). DAL suggested that varied wiring configurations on Model MD-90 airplanes would lead it to make multiple requests for alternative methods of compliance (AMOCs), which could require additional out-of-service time for the affected airplanes. For this reason, DAL requested that we add language allowing the use of alternative ground terminal locations as specified in standard wiring practices manual (SWPM) chapter 20 and Boeing Service Request (SR) concurrence that provide an equivalent level of safety. We disagree with the commenter's request. If an airplane has a different wiring or ground termination configuration than that identified in Boeing Alert Service Bulletin MD90-30A031, dated June 2, 2017, an operator must request an AMOC in accordance with the procedures specified in paragraph (j) of this AD. We have not changed this AD in this regard. Request To Extend the Compliance Times DAL requested that the compliance times specified in paragraphs (g)(1) and (g)(2) of the proposed AD (within 28 months after the effective date of this AD and within 27 months after the effective date of this AD, respectively) be extended by 6 months. DAL noted that the actions required by this AD would have to be done outside of regularly scheduled heavy maintenance checks. DAL stated that Boeing is providing a lead time of 174 days to procure the needed kits. For these reasons, DAL requested that the compliance time be extended by 6 months for both Model MD-88 and MD-90 airplanes. We disagree with the commenter's request. We confirmed with Boeing that the lead time for kit procurement will be 75-90 days, with some components already available, not 174 days as suggested by DAL. If an operator needs additional time to comply with this AD, they may request an AMOC in accordance with the procedures specified in paragraph (j) of this AD. We have not changed this AD in this regard. Changes to Paragraph (i) of This AD We have clarified the language of paragraph (i) of this AD. Paragraph (i) of the proposed AD would have allowed for the operation of the airplane even if the modified ADH system is inoperable, so long as the Master Minimum Equipment List (MMEL) and the operator's Minimum Equipment List (MEL) have a provision to allow for this inoperability. The FAA has revised paragraph (i) of this AD to make it clear that, if there is a provision in the operator's MEL that allows for the modified ADH system to be inoperable then the operator can operate the airplane with an inoperable modified ADH system. We have removed the references to the MMEL because it is unnecessary to reference the MMEL, as operators are required in 14 CFR part 91 to have an MEL to operate with inoperable equipment and a provision cannot be in an MEL without first being part of the MMEL. The intent of the provision has not changed. Conclusion We reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting this final rule with the change 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 the change will not increase the economic burden on any operator or increase the scope of this final rule. Related Service Information Under 1 CFR Part 51 We reviewed Boeing Alert Service Bulletin MD80-30A132, dated April 28, 2017; and Boeing Alert Service Bulletin MD90-30A031, dated June 2, 2017. This service information describes procedures for modifying the ADH system so that it activates when the left and right fuel switches are in the ON position. These documents are distinct since they apply to different airplane models. 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 553 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 ---------------------------------------------------------------------------------------------------------------- Modification, MD-80 Group 1, 84 56 work-hours x $85 per $4,459 $9,219 $774,396 airplanes. hour = $4,760. Modification, MD-80 Group 2, 11 57 work-hours x $85 per 11,014 15,859 174,449 airplanes. hour = $4,845. Modification, MD-80 Group 3, 336 57 work-hours x $85 per 8,589 13,434 4,513,824 airplanes. hour = $4,845. Modification, MD-80 Group 4, 1 56 work-hours x $85 per 4,479 9,239 9,239 airplane. hour = $4,760. Modification, MD-80 Group 5, 37 57 work-hours x $85 per 11,034 15,879 587,523 airplanes. hour = $4,845. Modification, MD-90 Group 1, 84 37 work-hours x $85 per 4,395 7,540 633,360 airplanes. hour = $3,145. ---------------------------------------------------------------------------------------------------------------- We have received no definitive data that would enable us to provide cost estimates for doing the modification on Model MD-80 Group 6 airplanes. 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 [[Page 38249]] 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 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): 2018-07-04 The Boeing Company: Amendment 39-19235; Docket No. FAA- 2017-0805; Product Identifier 2017-NM-051-AD. (a) Effective Date This AD is effective September 10, 2018. (b) Affected ADs None. (c) Applicability This AD applies to all The Boeing Company Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes, Model MD-88 airplanes, and Model MD-90-30 airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 30, Ice and rain protection. (e) Unsafe Condition This AD was prompted by a report of loss of airspeed indication due to icing. We are issuing this AD to prevent operation of unheated air data sensors in icing conditions. Failure to activate the air data heat (ADH) system in icing conditions could result in irregular airspeed or altitude indications, which could possibly result in a runway overrun during a high speed rejected takeoff (RTO) due to failure to rotate before the end of the runway, or a stall/overspeed during flight. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions At the applicable time specified in paragraph (g)(1) or (g)(2) of this AD: Do all applicable actions identified as ``RC'' (required for compliance) in, and in accordance with, the Accomplishment Instructions of Boeing Alert Service Bulletin MD80-30A132, dated April 28, 2017; or Boeing Alert Service Bulletin MD90-30A031, dated June 2, 2017; as applicable; except as required by paragraph (h) of this AD. (1) For Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and Model MD-88 airplanes: Within 28 months after the effective date of this AD. (2) For Model MD-90-30 airplanes: Within 27 months after the effective date of this AD. (h) Exception to Certain Service Information Specifications Where Boeing Alert Service Bulletin MD80-30A132, dated April 28, 2017, specifies contacting Boeing, and specifies that action as ``RC'' (Required for Compliance): This AD requires using a method approved in accordance with the procedures specified in paragraph (j) of this AD. (i) Minimum Equipment List (MEL) In the event that the ADH system as modified by this AD is inoperable, an airplane may be operated as specified in the operator's MEL, provided provisions that address the modified ADH system are included in the MEL. (j) 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 (k) 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) Except as required by paragraph (h) of this AD: For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (j)(4)(i) and (j)(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 still be done as specified, and the airplane can be put back in an airworthy condition. (k) Related Information For more information about this AD, contact Eric Igama, Aerospace Engineer, Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; [[Page 38250]] phone: 562-627-5388; fax: 562-627-5210; email: [email protected]. (l) 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 MD80-30A132, dated April 28, 2017. (ii) Boeing Alert Service Bulletin MD90-30A031, dated June 2, 2017. (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, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. (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 Des Moines, Washington, on March 20, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018-16320 Filed 8-3-18; 8:45 am] BILLING CODE 4910-13-P
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(i) Exceptions to Service Information (4) You may view this service information information on the availability of this
Specifications at the FAA, Transport Standards Branch, material at the FAA, call 206–231–3195.
(1) For purposes of determining 2200 South 216th St., Des Moines, WA. For It is also available on the internet at
compliance with the requirements of this AD: information on the availability of this
http://www.regulations.gov by searching
Where Boeing Alert Requirements Service material at the FAA, call 206–231–3195.
(5) You may view this service information for and locating Docket No. FAA–2017–
Bulletin 737–53A1371 RB, dated January 19, 0805.
2018, uses the phrase ‘‘the original issue date that is incorporated by reference at the
of Requirements Bulletin 737–53A1371 RB,’’ National Archives and Records Examining the AD Docket
this AD requires using ‘‘the effective date of Administration (NARA). For information on
this AD.’’ the availability of this material at NARA, call You may examine the AD docket on
(2) Where Boeing Alert Requirements 202–741–6030, or go to: http:// the internet at http://
Bulletin 737–53A1371 RB, dated January 19, www.archives.gov/federal-register/cfr/ibr- www.regulations.gov by searching for
2018, specifies contacting Boeing, this AD locations.html. and locating Docket No. FAA–2017–
requires repair using a method approved in Issued in Des Moines, Washington, on July 0805; or in person at the Docket
accordance with the procedures specified in 25, 2018. Management Facility between 9 a.m.
paragraph (j) of this AD.
James Cashdollar, and 5 p.m., Monday through Friday,
(j) Alternative Methods of Compliance Acting Director, System Oversight Division, except Federal holidays. The AD docket
(AMOCs) Aircraft Certification Service. contains this final rule, the regulatory
(1) The Manager, Los Angeles ACO Branch, [FR Doc. 2018–16479 Filed 8–3–18; 8:45 am] evaluation, any comments received, and
FAA, has the authority to approve AMOCs other information. The address for the
BILLING CODE 4910–13–P
for this AD, if requested using the procedures Docket Office (phone: 800–647–5527) is
found in 14 CFR 39.19. In accordance with Docket Management Facility, U.S.
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards DEPARTMENT OF TRANSPORTATION Department of Transportation, Docket
District Office, as appropriate. If sending Operations, M–30, West Building
information directly to the manager of the Federal Aviation Administration Ground Floor, Room W12–140, 1200
certification office, send it to the attention of New Jersey Avenue SE, Washington, DC
the person identified in paragraph (k) of this 14 CFR Part 39 20590.
AD. Information may be emailed to: 9-ANM-
[Docket No. FAA–2017–0805; Product FOR FURTHER INFORMATION CONTACT: Eric
LAACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC, Identifier 2017–NM–051–AD; Amendment Igama, Aerospace Engineer, Systems
notify your appropriate principal inspector, 39–19235; AD 2018–07–04] and Equipment Section, FAA, Los
or lacking a principal inspector, the manager RIN 2120–AA64 Angeles ACO Branch, 3960 Paramount
of the local flight standards district office/ Boulevard, Lakewood, CA 90712–4137;
certificate holding district office. Airworthiness Directives; the Boeing phone: 562–627–5388; fax: 562–627–
(3) An AMOC that provides an acceptable 5210; email: roderick.igama@faa.gov.
level of safety may be used for any repair,
Company Airplanes
modification, or alteration required by this SUPPLEMENTARY INFORMATION:
AGENCY: Federal Aviation
AD if it is approved by the Boeing Discussion
Administration (FAA), DOT.
Commercial Airplanes Organization
Designation Authorization (ODA) that has ACTION: Final rule. We issued a notice of proposed
been authorized by the Manager, Los Angeles rulemaking (NPRM) to amend 14 CFR
ACO Branch, to make those findings. To be We are adopting a new
SUMMARY:
part 39 by adding an AD that would
approved, the repair method, modification airworthiness directive (AD) for all The
apply to all The Boeing Company Model
deviation, or alteration deviation must meet Boeing Company Model DC–9–81 (MD–
the certification basis of the airplane, and the DC–9–81 (MD–81), DC–9–82 (MD–82),
81), DC–9–82 (MD–82), DC–9–83 (MD–
approval must specifically refer to this AD. DC–9–83 (MD–83), and DC–9–87 (MD–
83), and DC–9–87 (MD–87) airplanes,
87) airplanes, Model MD–88 airplanes,
(k) Related Information Model MD–88 airplanes, and Model
and Model MD–90–30 airplanes. The
For more information about this AD, MD–90–30 airplanes. This AD was
NPRM published in the Federal
contact David Truong, Aerospace Engineer, prompted by a report of loss of airspeed
Register on August 25, 2017 (82 FR
Airframe Section, FAA, Los Angeles ACO indication due to icing. This AD
40505). The NPRM was prompted by a
Branch, 3960 Paramount Boulevard, requires modifying the air data heat
Lakewood, CA 90712–4137; phone: 562–627– (ADH) system. We are issuing this AD
report of loss of airspeed indication due
5224; fax: 562–627–5210; email: to icing. The NPRM proposed to require
to address the unsafe condition on these
david.truong@faa.gov. modifying the ADH system. We are
products.
issuing this AD to prevent operation of
(l) Material Incorporated by Reference DATES: This AD is effective September unheated air data sensors in icing
(1) The Director of the Federal Register 10, 2018. conditions. Failure to activate the ADH
approved the incorporation by reference The Director of the Federal Register system in icing conditions could result
(IBR) of the service information listed in this approved the incorporation by reference in irregular airspeed or altitude
paragraph under 5 U.S.C. 552(a) and 1 CFR of certain publications listed in this AD
part 51. indications, which could possibly result
as of September 10, 2018. in a runway overrun during a high
(2) You must use this service information
as applicable to do the actions required by ADDRESSES : For service information speed rejected takeoff (RTO) due to
this AD, unless the AD specifies otherwise. identified in this final rule, contact failure to rotate before the end of the
(i) Boeing Alert Requirements Bulletin Boeing Commercial Airplanes, runway, or a stall/overspeed during
737–53A1371 RB, dated January 19, 2018. Attention: Contractual & Data Services flight.
sradovich on DSK3GMQ082PROD with RULES
(ii) Reserved. (C&DS), 2600 Westminster Blvd., MC
(3) For service information identified in 110–SK57, Seal Beach, CA 90740–5600; Comments
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
telephone 562–797–1717; internet We gave the public the opportunity to
Services (C&DS), 2600 Westminster Blvd., https://www.myboeingfleet.com. You participate in developing this final rule.
MC 110–SK57, Seal Beach, CA 90740–5600; may view this service information at the The following presents the comments
telephone 562–797–1717; internet https:// FAA, Transport Standards Branch, 2200 received on the NPRM and the FAA’s
www.myboeingfleet.com. South 216th St., Des Moines, WA. For response to each comment.
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detail the scope of the Agency’s PART 39—AIRWORTHINESS specifies contacting Boeing, and specifies
authority. DIRECTIVES that action as ‘‘RC’’ (Required for
Compliance): This AD requires using a
We are issuing this rulemaking under method approved in accordance with the
the authority described in Subtitle VII, ■ 1. The authority citation for part 39
continues to read as follows: procedures specified in paragraph (j) of this
Part A, Subpart III, Section 44701: AD.
‘‘General requirements.’’ Under that Authority: 49 U.S.C. 106(g), 40113, 44701.
section, Congress charges the FAA with (i) Minimum Equipment List (MEL)
§ 39.13 [Amended] In the event that the ADH system as
promoting safe flight of civil aircraft in
air commerce by prescribing regulations ■ 2. The FAA amends § 39.13 by adding modified by this AD is inoperable, an
for practices, methods, and procedures the following new airworthiness airplane may be operated as specified in the
directive (AD): operator’s MEL, provided provisions that
the Administrator finds necessary for address the modified ADH system are
safety in air commerce. This regulation 2018–07–04 The Boeing Company: included in the MEL.
is within the scope of that authority Amendment 39–19235; Docket No.
because it addresses an unsafe condition FAA–2017–0805; Product Identifier (j) Alternative Methods of Compliance
that is likely to exist or develop on 2017–NM–051–AD. (AMOCs)
products identified in this rulemaking (a) Effective Date (1) The Manager, Los Angeles ACO Branch,
action. FAA, has the authority to approve AMOCs
This AD is effective September 10, 2018. for this AD, if requested using the procedures
This AD is issued in accordance with found in 14 CFR 39.19. In accordance with
(b) Affected ADs
authority delegated by the Executive 14 CFR 39.19, send your request to your
Director, Aircraft Certification Service, None. principal inspector or local Flight Standards
as authorized by FAA Order 8000.51C. (c) Applicability District Office, as appropriate. If sending
In accordance with that order, issuance information directly to the manager of the
This AD applies to all The Boeing
of ADs is normally a function of the certification office, send it to the attention of
Company Model DC–9–81 (MD–81), DC–9–
Compliance and Airworthiness the person identified in paragraph (k) of this
82 (MD–82), DC–9–83 (MD–83), and DC–9–
AD. Information may be emailed to: 9-ANM-
Division, but during this transition 87 (MD–87) airplanes, Model MD–88
LAACO-AMOC-Requests@faa.gov.
period, the Executive Director has airplanes, and Model MD–90–30 airplanes,
(2) Before using any approved AMOC,
delegated the authority to issue ADs certificated in any category.
notify your appropriate principal inspector,
applicable to transport category (d) Subject or lacking a principal inspector, the manager
airplanes to the Director of the System Air Transport Association (ATA) of of the local flight standards district office/
Oversight Division. America Code 30, Ice and rain protection. certificate holding district office.
(3) An AMOC that provides an acceptable
Regulatory Findings (e) Unsafe Condition level of safety may be used for any repair,
This AD was prompted by a report of loss modification, or alteration required by this
This AD will not have federalism AD if it is approved by the Boeing
implications under Executive Order of airspeed indication due to icing. We are
issuing this AD to prevent operation of Commercial Airplanes Organization
13132. This AD will not have a Designation Authorization (ODA) that has
unheated air data sensors in icing conditions.
substantial direct effect on the States, on Failure to activate the air data heat (ADH) been authorized by the Manager, Los Angeles
the relationship between the national system in icing conditions could result in ACO Branch, to make those findings. To be
government and the States, or on the irregular airspeed or altitude indications, approved, the repair method, modification
distribution of power and which could possibly result in a runway deviation, or alteration deviation must meet
responsibilities among the various overrun during a high speed rejected takeoff the certification basis of the airplane, and the
levels of government. (RTO) due to failure to rotate before the end approval must specifically refer to this AD.
of the runway, or a stall/overspeed during (4) Except as required by paragraph (h) of
For the reasons discussed above, I flight. this AD: For service information that
certify that this AD: contains steps that are labeled as Required
(f) Compliance for Compliance (RC), the provisions of
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866, Comply with this AD within the paragraphs (j)(4)(i) and (j)(4)(ii) of this AD
compliance times specified, unless already apply.
(2) Is not a ‘‘significant rule’’ under done. (i) The steps labeled as RC, including
DOT Regulatory Policies and Procedures substeps under an RC step and any figures
(44 FR 11034, February 26, 1979), (g) Required Actions identified in an RC step, must be done to
(3) Will not affect intrastate aviation At the applicable time specified in comply with the AD. If a step or substep is
paragraph (g)(1) or (g)(2) of this AD: Do all labeled ‘‘RC Exempt,’’ then the RC
in Alaska, and requirement is removed from that step or
applicable actions identified as ‘‘RC’’
(4) Will not have a significant (required for compliance) in, and in substep. An AMOC is required for any
economic impact, positive or negative, accordance with, the Accomplishment deviations to RC steps, including substeps
on a substantial number of small entities Instructions of Boeing Alert Service Bulletin and identified figures.
under the criteria of the Regulatory MD80–30A132, dated April 28, 2017; or (ii) Steps not labeled as RC may be
Flexibility Act. Boeing Alert Service Bulletin MD90–30A031, deviated from using accepted methods in
dated June 2, 2017; as applicable; except as accordance with the operator’s maintenance
List of Subjects in 14 CFR Part 39 required by paragraph (h) of this AD. or inspection program without obtaining
(1) For Model DC–9–81 (MD–81), DC–9–82 approval of an AMOC, provided the RC steps,
Air transportation, Aircraft, Aviation (MD–82), DC–9–83 (MD–83), DC–9–87 (MD– including substeps and identified figures, can
safety, Incorporation by reference, 87), and Model MD–88 airplanes: Within 28 still be done as specified, and the airplane
sradovich on DSK3GMQ082PROD with RULES
Safety. months after the effective date of this AD. can be put back in an airworthy condition.
(2) For Model MD–90–30 airplanes: Within
Adoption of the Amendment (k) Related Information
27 months after the effective date of this AD.
For more information about this AD,
Accordingly, under the authority (h) Exception to Certain Service Information contact Eric Igama, Aerospace Engineer,
delegated to me by the Administrator, Specifications Systems and Equipment Section, FAA, Los
the FAA amends 14 CFR part 39 as Where Boeing Alert Service Bulletin Angeles ACO Branch, 3960 Paramount
follows: MD80–30A132, dated April 28, 2017, Boulevard, Lakewood, CA 90712–4137;
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![38250 Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations
phone: 562–627–5388; fax: 562–627–5210; and shim migration at the upper link and fasteners heads; an inspection of the
email: roderick.igama@faa.gov. drag fittings, diagonal brace cracking, fastener holes revealed that cracks were
(l) Material Incorporated by Reference and fastener looseness; and applicable found in the skin on two airplanes. The
(1) The Director of the Federal Register
on-condition actions. We are issuing NPRM proposed to require repetitive
approved the incorporation by reference this AD to address the unsafe condition inspections for skin cracking and shim
(IBR) of the service information listed in this on these products. migration at the upper link drag fittings,
paragraph under 5 U.S.C. 552(a) and 1 CFR DATES: This AD is effective September diagonal brace cracking, and fastener
part 51. 10, 2018. looseness; and applicable on-condition
(2) You must use this service information The Director of the Federal Register actions.
as applicable to do the actions required by approved the incorporation by reference We are issuing this AD to address
this AD, unless the AD specifies otherwise. of a certain publication listed in this AD cracking in the wing upper skin and
(i) Boeing Alert Service Bulletin MD80– forward drag fittings, which could lead
as of September 10, 2018.
30A132, dated April 28, 2017.
ADDRESSES: For service information to a compromised upper link and
(ii) Boeing Alert Service Bulletin MD90–
30A031, dated June 2, 2017. identified in this final rule, contact reduced structural integrity of the
(3) For service information identified in Boeing Commercial Airplanes, engine strut.
this AD, contact Boeing Commercial Attention: Contractual & Data Services Comments
Airplanes, Attention: Contractual & Data (C&DS), 2600 Westminster Blvd., MC
Services (C&DS), 2600 Westminster Blvd., 110–SK57, Seal Beach, CA 90740–5600; We gave the public the opportunity to
MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; internet participate in developing this final rule.
telephone 562–797–1717; internet https://
https://www.myboeingfleet.com. You The following presents the comments
www.myboeingfleet.com. received on the NPRM and the FAA’s
(4) You may view this service information may view this service information at the
FAA, Transport Standards Branch, 2200 response to each comment. Micaela
at the FAA, Transport Standards Branch, Murrugarra and United Airlines stated
2200 South 216th St., Des Moines, WA. For South 216th St., Des Moines, WA. For
information on the availability of this that they supported the NPRM.
information on the availability of this
material at the FAA, call 206–231–3195. material at the FAA, call 206–231–3195. Effect of Winglets on Accomplishment
(5) You may view this service information It is also available on the internet at of the Proposed Actions
that is incorporated by reference at the http://www.regulations.gov by searching
National Archives and Records Aviation Partners Boeing stated that
for and locating Docket No. FAA–2018– accomplishing the supplemental type
Administration (NARA). For information on
the availability of this material at NARA, call
0110. certificate (STC) ST01518SE does not
202–741–6030, or go to: http:// Examining the AD Docket affect the actions specified in the
www.archives.gov/federal-register/cfr/ibr- NPRM.
locations.html. You may examine the AD docket on
We concur with the commenter. We
the internet at http://
Issued in Des Moines, Washington, on have redesignated paragraph (c) of the
www.regulations.gov by searching for
March 20, 2018. proposed AD as paragraph (c)(1) of this
and locating Docket No. FAA–2018–
Michael Kaszycki, AD and added paragraph (c)(2) to this
0110; or in person at Docket Operations
Acting Director, System Oversight Division, AD to state that installation of STC
between 9 a.m. and 5 p.m., Monday
Aircraft Certification Service. ST01518SE does not affect the ability to
through Friday, except Federal holidays.
[FR Doc. 2018–16320 Filed 8–3–18; 8:45 am] accomplish the actions required by this
The AD docket contains this final rule,
AD. Therefore, for airplanes on which
BILLING CODE 4910–13–P the regulatory evaluation, any
STC ST01518SE is installed, a ‘‘change
comments received, and other
in product’’ alternative method of
information. The address for Docket
DEPARTMENT OF TRANSPORTATION compliance (AMOC) approval request is
Operations (phone: 800–647–5527) is
not necessary to comply with the
Docket Operations, U.S. Department of
Federal Aviation Administration requirements of 14 CFR 39.17.
Transportation, Docket Operations,
M–30, West Building Ground Floor, Request To Include Additional
14 CFR Part 39
Room W12–140, 1200 New Jersey Inspections
[Docket No. FAA–2018–0110; Product Avenue SE, Washington, DC 20590. American Airlines (AAL) and FedEx
Identifier 2017–NM–125–AD; Amendment FOR FURTHER INFORMATION CONTACT:
39–19345; AD 2018–16–05] requested that we revise the proposed
Chandra Ramdoss, Aerospace Engineer, AD to include additional inspections.
RIN 2120–AA64 Airframe Section, FAA, Los Angeles FedEx stated that releasing the proposed
ACO Branch, 3960 Paramount AD using Boeing Alert Requirements
Airworthiness Directives; The Boeing Boulevard, Lakewood, CA 90712–4137; Bulletin 757–57A0073 RB, dated July
Company Airplanes phone: 562–627–5239; fax: 562–627– 14, 2017, would have potential safety
AGENCY: Federal Aviation 5210; email: chandraduth.ramdoss@ and economic implications on the
Administration (FAA), DOT. faa.gov. operator. FedEx stated that the safety
ACTION: Final rule. SUPPLEMENTARY INFORMATION: concern in its entirety is not addressed
in Boeing Alert Requirements Bulletin
SUMMARY: We are adopting a new Discussion 757–57A0073 RB, dated July 14, 2017,
airworthiness directive (AD) for certain We issued a notice of proposed and any additional mandated
The Boeing Company Model 757 rulemaking (NPRM) to amend 14 CFR inspections issued later would require a
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airplanes. This AD was prompted by part 39 by adding an AD that would duplication of effort to address the
reports of bolt rotation in the engine apply to certain The Boeing Company remaining fastener locations. FedEx
drag fitting joint and fasteners heads; an Model 757 airplanes. The NPRM requested that the proposed AD include
inspection of the fastener holes revealed published in the Federal Register on additional inspections.
that cracks were found in the skin on February 16, 2018 (83 FR 6984). The AAL stated that due to the ongoing
two airplanes. This AD requires NPRM was prompted by reports of bolt efforts at Boeing to conduct a safety
repetitive inspections for skin cracking rotation in the engine drag fitting joint analysis on cracking found in the upper
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Document Created: 2018-11-06 10:37:09
Document Modified: 2018-11-06 10:37:09
| 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 September 10, 2018. | |
| Contact | Eric Igama, Aerospace Engineer, Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5388; fax: 562-627-5210; email: [email protected] | |
| FR Citation | 83 FR 38247 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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