83 FR 62697 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 234 (December 6, 2018)

Page Range		62697-62700
FR Document		2018-26365

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-8 and -9 airplanes. This emergency AD was sent previously to all known U.S. owners and operators of these airplanes. This AD requires revising certificate limitations and operating procedures of the airplane flight manual (AFM) to provide the flight crew with runaway horizontal stabilizer trim procedures to follow under certain conditions. This AD was prompted by analysis performed by the manufacturer showing that if an erroneously high single angle of attack (AOA) sensor input is received by the flight control system, there is a potential for repeated nose-down trim commands of the horizontal stabilizer. We are issuing this AD to address the unsafe condition on these products.

Federal Register, Volume 83 Issue 234 (Thursday, December 6, 2018)

[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Rules and Regulations]
[Pages 62697-62700]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26365]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0960; Product Identifier 2018-NM-151-AD; Amendment 
39-19512; AD 2018-23-51]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model 737-8 and -9 airplanes. This emergency AD was sent 
previously to all known U.S. owners and operators of these airplanes. 
This AD requires revising certificate limitations and operating 
procedures of the airplane flight manual (AFM) to provide the flight 
crew with runaway horizontal stabilizer trim procedures to follow under 
certain conditions. This AD was prompted by analysis performed by the 
manufacturer showing that if an erroneously high single angle of attack 
(AOA) sensor input is received by the flight control system, there is a 
potential for repeated nose-down trim commands of the horizontal 
stabilizer. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective December 21, 2018 to all persons except 
those persons to whom it was made immediately effective by Emergency AD 
2018-23-51, issued on November 7, 2018, which contained the 
requirements of this amendment.
    We must receive comments on this AD by January 22, 2019.

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.

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-2018-
0960; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The street address for Docket Operations (phone: 
800-647-5527) is in the ADDRESSES section. Comments will be available 
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Douglas Tsuji, Senior Aerospace 
Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3548; 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    On November 7, 2018, we issued Emergency AD 2018-23-51, which 
requires revising certificate limitations and operating procedures of 
the AFM to provide the flight crew with runaway horizontal stabilizer 
trim procedures to follow under certain conditions. This emergency AD 
was sent previously to all known U.S. owners and operators of these 
airplanes. This action was prompted by analysis performed by the 
manufacturer showing that if an erroneously high single AOA sensor 
input is received by the flight control system, there is a potential 
for repeated nose-down trim commands of the horizontal stabilizer. This 
condition, if not addressed, could cause the flight crew to have 
difficulty controlling the airplane, and lead to excessive nose-down 
attitude, significant altitude loss, and possible impact with terrain.

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 requires revising certificate limitations and operating 
procedures of the AFM to provide the flight crew with runaway 
horizontal stabilizer trim procedures to follow under certain 
conditions.

Interim Action

    We consider this AD interim action. If final action is later 
identified, we might consider further rulemaking then.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
Emergency AD 2018-23-51, issued on November 7, 2018, to all known U.S. 
owners and operators of these airplanes. The FAA found that the risk to 
the flying public justified waiving notice and comment prior to 
adoption of this rule because an erroneously high single AOA sensor 
input received by the flight control system can result in a potential 
for repeated nose-down trim commands of the horizontal stabilizer, 
which could cause the flight crew to have difficulty controlling the 
airplane, and lead to excessive nose-down attitude, significant 
altitude loss, and possible impact with terrain. These conditions still 
exist and the AD is hereby published in the Federal Register as an 
amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 
39.13) to make it effective to all persons. Therefore, we find good 
cause that notice and opportunity for prior public comment are 
impracticable. In addition, for the reason(s) 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

[[Page 62698]]

this final rule. Send your comments to an address listed under the 
ADDRESSES section. Include the docket number FAA-2018-0960 and Product 
Identifier 2018-NM-151-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 45 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revising the AFM......................  1 work-hour x $85 per                 $0             $85          $3,825
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

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 and 
associated appliances 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):

2018-23-51 The Boeing Company: Amendment 39-19512; Docket No. FAA-
2018-0960; Product Identifier 2018-NM-151-AD.

(a) Effective Date

    This AD is effective December 21, 2018 to all persons except 
those persons to whom it was made immediately effective by Emergency 
AD 2018-23-51, issued on November 7, 2018, which contained the 
requirements of this amendment.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 737-8 and -9 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Unsafe Condition

    This AD was prompted by analysis performed by the manufacturer 
showing that if an erroneously high single angle of attack (AOA) 
sensor input is received by the flight control system, there is a 
potential for repeated nose-down trim commands of the horizontal 
stabilizer. We are issuing this AD to address this potential 
resulting nose-down trim, which could cause the flight crew to have 
difficulty controlling the airplane, and lead to excessive nose-down 
attitude, significant altitude loss, and possible impact with 
terrain.

(f) Compliance

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

(g) Revision of Airplane Flight Manual (AFM): Certificate Limitations

    Within 3 days after the effective date of this AD, revise the 
Certificate Limitations chapter of the applicable AFM to include the 
information in figure 1 to paragraph (g) of this AD.

[[Page 62699]]

[GRAPHIC] [TIFF OMITTED] TR06DE18.000

(h) AFM Revision: Operating Procedures

    Within 3 days after the effective date of this AD, revise the 
Operating Procedures chapter of the applicable AFM to include the 
information in figure 2 to paragraph (h) of this AD.

[[Page 62700]]

[GRAPHIC] [TIFF OMITTED] TR06DE18.001

 (i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request 
to your principal inspector or local Flight Standards District 
Office, as appropriate. If sending information directly to the 
manager of the certification office, send it to the attention of the 
person identified in paragraph (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.

(j) Related Information

    For more information about this AD, contact Douglas Tsuji, 
Senior Aerospace Engineer, Systems and Equipment Section, FAA, 
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3548; email: [email protected].

(k) Material Incorporated by Reference

    None.

    Issued in Des Moines, Washington, on November 21, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-26365 Filed 12-4-18; 8:45 am]
 BILLING CODE 4910-13-P

Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations 62697

(ii) RR Alert NMSB Trent 1000 72–K132, DATES: This AD is effective December nose-down trim commands of the
dated June 29, 2018. 21, 2018 to all persons except those horizontal stabilizer. This condition, if
(3) For RR service information identified in persons to whom it was made not addressed, could cause the flight
this AD, contact Rolls-Royce plc, Corporate
Communications, P.O. Box 31, Derby,
immediately effective by Emergency AD crew to have difficulty controlling the
England, DE24 8BJ; phone: 011–44–1332– 2018–23–51, issued on November 7, airplane, and lead to excessive nose-
242424; fax: 011–44–1332–249936; email: 2018, which contained the requirements down attitude, significant altitude loss,
corporate.care@rolls-royce.com; internet: of this amendment. and possible impact with terrain.
https://customers.rolls-royce.com/public/ We must receive comments on this
rollsroycecare. FAA’s Determination
AD by January 22, 2019.
(4) You may view this service information We are issuing this AD because we
ADDRESSES: You may send comments,
at FAA, Engine & Propeller Standards evaluated all the relevant information
Branch, 1200 District Avenue, Burlington, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following and determined the unsafe condition
MA 01803. For information on the
methods: described previously is likely to exist or
availability of this material at the FAA, call
781–238–7759. • Federal eRulemaking Portal: Go to develop in other products of the same
(5) You may view this service information http://www.regulations.gov. Follow the type design.
at the National Archives and Records instructions for submitting comments. AD Requirements
Administration (NARA). For information on • Fax: 202–493–2251.
the availability of this material at NARA, call • Mail: U.S. Department of This AD requires revising certificate
202–741–6030, or go to: http://
Transportation, Docket Operations, M– limitations and operating procedures of
www.archives.gov/federal-register/cfr/ibr- the AFM to provide the flight crew with
locations.html. 30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE, runaway horizontal stabilizer trim
Issued in Burlington, Massachusetts, on Washington, DC 20590. procedures to follow under certain
November 28, 2018. conditions.
• Hand Delivery: Deliver to Mail
Robert J. Ganley, address above between 9 a.m. and 5 Interim Action
Manager, Engine & Propeller Standards p.m., Monday through Friday, except
Branch, Aircraft Certification Service. We consider this AD interim action. If
Federal holidays. final action is later identified, we might
[FR Doc. 2018–26393 Filed 12–4–18; 8:45 am]
BILLING CODE 4910–13–P Examining the AD Docket consider further rulemaking then.
You may examine the AD docket on FAA’s Determination of the Effective
the internet at http:// Date
DEPARTMENT OF TRANSPORTATION www.regulations.gov by searching for An unsafe condition exists that
and locating Docket No. FAA–2018– requires the immediate adoption of
Federal Aviation Administration
0960; or in person at Docket Operations Emergency AD 2018–23–51, issued on
between 9 a.m. and 5 p.m., Monday November 7, 2018, to all known U.S.
14 CFR Part 39
through Friday, except Federal holidays. owners and operators of these airplanes.
[Docket No. FAA–2018–0960; Product The AD docket contains this final rule, The FAA found that the risk to the
Identifier 2018–NM–151–AD; Amendment the regulatory evaluation, any
39–19512; AD 2018–23–51] flying public justified waiving notice
comments received, and other and comment prior to adoption of this
RIN 2120–AA64 information. The street address for rule because an erroneously high single
Docket Operations (phone: 800–647– AOA sensor input received by the flight
Airworthiness Directives; The Boeing 5527) is in the ADDRESSES section. control system can result in a potential
Company Airplanes Comments will be available in the AD for repeated nose-down trim commands
docket shortly after receipt. of the horizontal stabilizer, which could
AGENCY: Federal Aviation
Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: cause the flight crew to have difficulty
ACTION: Final rule; request for
Douglas Tsuji, Senior Aerospace controlling the airplane, and lead to
comments. Engineer, Systems and Equipment excessive nose-down attitude,
Section, FAA, Seattle ACO Branch, 2200 significant altitude loss, and possible
SUMMARY: We are adopting a new South 216th St., Des Moines, WA 98198; impact with terrain. These conditions
airworthiness directive (AD) for all The phone and fax: 206–231–3548; email: still exist and the AD is hereby
Boeing Company Model 737–8 and –9 Douglas.Tsuji@faa.gov. published in the Federal Register as an
airplanes. This emergency AD was sent SUPPLEMENTARY INFORMATION: amendment to section 39.13 of the
previously to all known U.S. owners Federal Aviation Regulations (14 CFR
and operators of these airplanes. This Discussion
39.13) to make it effective to all persons.
AD requires revising certificate On November 7, 2018, we issued Therefore, we find good cause that
limitations and operating procedures of Emergency AD 2018–23–51, which notice and opportunity for prior public
the airplane flight manual (AFM) to requires revising certificate limitations comment are impracticable. In addition,
provide the flight crew with runaway and operating procedures of the AFM to for the reason(s) stated above, we find
horizontal stabilizer trim procedures to provide the flight crew with runaway that good cause exists for making this
follow under certain conditions. This horizontal stabilizer trim procedures to amendment effective in less than 30
AD was prompted by analysis follow under certain conditions. This days.
performed by the manufacturer showing emergency AD was sent previously to
khammond on DSK30JT082PROD with RULES

that if an erroneously high single angle all known U.S. owners and operators of Comments Invited
of attack (AOA) sensor input is received these airplanes. This action was This AD is a final rule that involves
by the flight control system, there is a prompted by analysis performed by the requirements affecting flight safety and
potential for repeated nose-down trim manufacturer showing that if an was not preceded by notice and an
commands of the horizontal stabilizer. erroneously high single AOA sensor opportunity for public comment.
We are issuing this AD to address the input is received by the flight control However, we invite you to send any
unsafe condition on these products. system, there is a potential for repeated written data, views, or arguments about

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62698 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations

this final rule. Send your comments to consider all comments received by the substantive verbal contact we receive
an address listed under the ADDRESSES closing date and may amend this final about this final rule.
section. Include the docket number rule because of those comments.
FAA–2018–0960 and Product Identifier Costs of Compliance
We will post all comments we
2018–NM–151–AD at the beginning of We estimate that this AD affects 45
receive, without change, to http://
your comments. We specifically invite airplanes of U.S. registry. We estimate
www.regulations.gov, including any
comments on the overall regulatory,
personal information you provide. We the following costs to comply with this
economic, environmental, and energy
will also post a report summarizing each AD:
aspects of this final rule. We will

ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per Cost on U.S.
Action Labor cost Parts cost product operators

Revising the AFM ........................................... 1 work-hour × $85 per hour = $85 ................. $0 $85 $3,825

Authority for This Rulemaking government and the States, or on the (a) Effective Date
distribution of power and This AD is effective December 21, 2018 to
Title 49 of the United States Code
responsibilities among the various all persons except those persons to whom it
specifies the FAA’s authority to issue
levels of government. was made immediately effective by
rules on aviation safety. Subtitle I,
section 106, describes the authority of For the reasons discussed above, I Emergency AD 2018–23–51, issued on
the FAA Administrator. ‘‘Subtitle VII: certify that this AD: November 7, 2018, which contained the
(1) Is not a ‘‘significant regulatory requirements of this amendment.
Aviation Programs’’ describes in more
detail the scope of the Agency’s action’’ under Executive Order 12866, (b) Affected ADs
authority. (2) Is not a ‘‘significant rule’’ under
None.
We are issuing this rulemaking under 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 This AD applies to all The Boeing
‘‘General requirements.’’ Under that in Alaska, and Company Model 737–8 and –9 airplanes,
section, Congress charges the FAA with (4) Will not have a significant certificated in any category.
promoting safe flight of civil aircraft in economic impact, positive or negative,
(d) Subject
air commerce by prescribing regulations on a substantial number of small entities
for practices, methods, and procedures under the criteria of the Regulatory Air Transport Association (ATA) of
Flexibility Act. America Code 27, Flight controls.
the Administrator finds necessary for
safety in air commerce. This regulation List of Subjects in 14 CFR Part 39 (e) Unsafe Condition
is within the scope of that authority This AD was prompted by analysis
because it addresses an unsafe condition Air transportation, Aircraft, Aviation
performed by the manufacturer showing that
that is likely to exist or develop on safety, Incorporation by reference,
if an erroneously high single angle of attack
products identified in this rulemaking Safety.
(AOA) sensor input is received by the flight
action. Adoption of the Amendment control system, there is a potential for
This AD is issued in accordance with repeated nose-down trim commands of the
authority delegated by the Executive Accordingly, under the authority
horizontal stabilizer. We are issuing this AD
Director, Aircraft Certification Service, delegated to me by the Administrator, to address this potential resulting nose-down
as authorized by FAA Order 8000.51C. the FAA amends 14 CFR part 39 as trim, which could cause the flight crew to
In accordance with that order, issuance follows: have difficulty controlling the airplane, and
of ADs is normally a function of the PART 39—AIRWORTHINESS
lead to excessive nose-down attitude,
Compliance and Airworthiness DIRECTIVES
significant altitude loss, and possible impact
Division, but during this transition with terrain.
period, the Executive Director has ■ 1. The authority citation for part 39 (f) Compliance
delegated the authority to issue ADs continues to read as follows: Comply with this AD within the
applicable to transport category
Authority: 49 U.S.C. 106(g), 40113, 44701. compliance times specified, unless already
airplanes and associated appliances to
done.
the Director of the System Oversight § 39.13 [Amended]
Division. (g) Revision of Airplane Flight Manual
■ 2. The FAA amends § 39.13 by adding (AFM): Certificate Limitations
Regulatory Findings the following new airworthiness
Within 3 days after the effective date of
This AD will not have federalism directive (AD): this AD, revise the Certificate Limitations
implications under Executive Order 2018–23–51 The Boeing Company: chapter of the applicable AFM to include the
khammond on DSK30JT082PROD with RULES

13132. This AD will not have a Amendment 39–19512; Docket No. information in figure 1 to paragraph (g) of
substantial direct effect on the States, on FAA–2018–0960; Product Identifier this AD.
the relationship between the national 2018–NM–151–AD.

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Document Created: 2018-12-05 02:36:09
Document Modified: 2018-12-05 02:36:09

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; request for comments.
Dates		This AD is effective December 21, 2018 to all persons except those persons to whom it was made immediately effective by Emergency AD 2018-23-51, issued on November 7, 2018, which contained the requirements of this amendment.
Contact		Douglas Tsuji, Senior Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3548; email: [email protected]
FR Citation		83 FR 62697
RIN Number		2120-AA64
CFR Associated		Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

83 FR 62697 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 83, Issue 234 (December 6, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration