Airworthiness Directives; The Boeing Company Airplanes, 11137-11140 [2017-03030]

Download as PDF Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations approval letter must specifically reference this AD. (ii) AMOCs approved previously for AD 2011–10–17 are approved as AMOCs for the corresponding provisions of this AD. (2) Contacting the Manufacturer: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM– 116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (k) Related Information Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2015–0115, dated June 23, 2015, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA– 2016–9066. rmajette on DSK2TPTVN1PROD with RULES (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 this AD specifies otherwise. (3) The following service information was approved for IBR on March 28, 2017. (i) Airbus A300 Airworthiness Limitations Section, Part 2—Damage-Tolerant Airworthiness Limitation Items, Revision 02, dated October 3, 2014. (ii) Reserved. (4) The following service information was approved for IBR on June 17, 2011 (76 FR 27875, May 13, 2011). (i) Airbus A300 Airworthiness Limitations Inspections Document AI/SE–M2/95A.1308/ 07, Issue 4, dated June 2008. (ii) Reserved. (5) For service information identified in this AD, contact Airbus SAS, Airworthiness Office– EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airworth-eas@airbus.com; Internet http://www.airbus.com. (6) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (7) 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/ibrlocations.html. VerDate Sep<11>2014 14:42 Feb 17, 2017 Jkt 241001 Issued in Renton, Washington, on January 24, 2017. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017–03021 Filed 2–17–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2016–9111; Directorate Identifier 2016–NM–132–AD; Amendment 39–18802; AD 2017–04–07] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 757 airplanes. This AD was prompted by reports of single and multiple uncommanded spoiler panel extensions during flight when there was a hydraulic system failure. This AD requires replacing certain spoiler power control units (PCUs) with new or changed PCUs. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective March 28, 2017. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of March 28, 2017. ADDRESSES: For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. It is also available on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2016– 9111. SUMMARY: Examining the AD Docket You may examine the AD docket on the Internet at http:// PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 11137 www.regulations.gov by searching for and locating Docket No. FAA–2016– 9111; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800–647–5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Myra Kuck, Aerospace Engineer, Cabin Safety/Mechanical & Environmental Systems Branch, ANM–150L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627–5316; fax: 562–627–5210; email: myra.j.kuck@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 757 airplanes. The NPRM published in the Federal Register on September 22, 2016 (81 FR 65307) (‘‘the NPRM’’). The NPRM was prompted by reports of single and multiple uncommanded spoiler panel extensions during flight. The condition known as ‘‘spoiler panel float’’ occurred when there was a hydraulic system pressure loss. When the flaps were extended beyond 20 degrees the spoiler panel float became severe enough to adversely impact airplane control. The NPRM proposed to require replacing certain spoiler PCUs with new or changed PCUs. We are issuing this AD to prevent an uncommanded extension of multiple spoiler panels on one wing, in the event of a hydraulic system failure, which could result in the loss of control of the airplane. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA’s response to each comment. Support for the NPRM United Airlines expressed support for the NPRM. Request To Revise Applicability MOOG Commercial Aircraft Group (MOOG) requested that we revise the applicability to include Boeing Model E:\FR\FM\21FER1.SGM 21FER1 11138 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations 757–200SF airplanes. MOOG stated that these airplanes are operated by some cargo operators. We do not agree with MOOG’s request. The designation ‘‘Model 757– 200SF’’ is used for marketing purposes, but is not included on the Model 757 type certificate data sheet. Therefore, we have not included this reference in the applicability of this AD. We have not revised this AD in this regard. Request To Revise Compliance Time The Air Line Pilots Association, International (ALPA) requested that we revise the compliance time from 51 months to 36 months. We do not agree with ALPA’s request. ALPA did not submit any supporting data to justify its request. We have determined that the compliance time of 51 months is appropriate based upon failure probabilities, risk assessments, replacement rates, and part availability. We have not revised this AD in this regard. rmajette on DSK2TPTVN1PROD with RULES Request To Revise Unsafe Condition Statement and Paragraph (e) of the Proposed AD Boeing requested that we revise the NPRM to clarify the unsafe condition. The NPRM stated that the AD would prevent an ‘‘uncommanded extension of spoiler panels.’’ Boeing stated that an ‘‘uncommanded extension of multiple spoiler panels on one wing’’ more accurately describes the unsafe condition. Boeing explained that there is sufficient lateral control authority available to overcome an uncommanded extension of a single spoiler panel on one wing, or coincident uncommanded extension of a spoiler panel on each wing. We agree with Boeing’s request and rationale. We have revised the Discussion section of this final rule and paragraph (e) of this AD accordingly. MOOG requested that we revise paragraph (e) of the proposed AD to emphasize the need to accomplish the service information in order to prevent the unsafe condition. We find that clarification is necessary. As stated in paragraph (g) of this AD, the spoiler PCUs must be replaced in accordance with the specified service information to address the unsafe condition. Service information that is incorporated by reference in an AD becomes part of the AD, and the applicable requirements must be accomplished as stated in the AD. Paragraph (e) of this AD is intended to specify the unsafe condition; details about accomplishing the service information are not included in this VerDate Sep<11>2014 14:42 Feb 17, 2017 Jkt 241001 paragraph. We have not revised this AD in this regard. Request for Clarification of Parts Installation Request To Add Detail to the SUMMARY Section FedEx Express (FedEx) requested that we clarify whether a pre-service-bulletin part may be installed in positions 2, 4, 9, 10, and 11 after the effective date of the AD, but before the 51-month compliance date, provided the preservice-bulletin part is removed and replaced with a post-service bulletin part before the 51-month compliance time. We agree that it is necessary to provide clarification. An operator may install a pre-service-bulletin part before the 51-month compliance time specified in this AD. As stated in paragraph (g) of this AD, the spoiler PCUs must be replaced at the specified positions with a new or changed PCU within 51 months after the effective date of this AD. However, after an operator complies with paragraph (g) of this AD, only new or changed PCUs may be installed (even if compliance is accomplished before the 51-month compliance time) at the locations identified in paragraph (g) of this AD. No change to this AD is needed in this regard. MOOG requested that to add clarity, we revise the SUMMARY section by adding most of the details found in Boeing’s request (See ‘‘Request to Clarify Spoiler Panel Float’’ of this final rule.). We agree that the additional details in Boeing’s comment provide a better understanding of the unsafe condition. We have added that information to the Discussion section, as discussed in our response to Boeing’s comment. We have not added this information to the SUMMARY section of this final rule since it is not the appropriate location for such details. Request To Clarify Spoiler Panel Float Boeing requested that we revise the Discussion section of the NPRM to clarify that ‘‘spoiler panel float’’ occurred when there was a hydraulic system pressure loss, and that when the flaps were extended beyond 20 degrees, the spoiler panel float became severe enough to adversely impact airplane control. Boeing explained that spoiler float will occur at all flap detents in the presence of a failed hydraulic system and a compromised spoiler actuator. Boeing explained that the magnitude of the spoiler float angle at the flap detents of 20 degrees and below is relatively modest and results in a rolling moment that is well within the airplane’s capabilities to offset. Boeing stated that when a flap detent greater than 20 degrees is selected, the magnitude of the spoiler float angle increases dramatically, and the float angle becomes large enough to reduce the margin of airplane control authority. We agree with Boeing’s request because it provides additional details that clarify the unsafe condition. We have revised this final rule accordingly. Request for Warranty Coverage Thomson Airways stated that MOOG should be providing full industry support and warranty to correct its design fault. Thomson Airways stated that this spoiler PCU upgrade is increasing the ownership costs on an already aging fleet through poor design on behalf of MOOG. The FAA does not control warranty coverage. Manufacturers are responsible to determine appropriate industry warranty coverage. Therefore, we have not revised this AD in this regard. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Effect of Winglets on Accomplishment of the Proposed Actions Aviation Partners Boeing (APB) stated that the installation of winglets per Supplemental Type Certificate (STC) ST01518SE does not affect the accomplishment of the manufacturer’s service instructions. We agree with APB that STC ST01518SE does not affect the accomplishment of the manufacturer’s service instructions. Therefore, the installation of STC ST01518SE does not affect the ability to accomplish the actions required by this AD. We have not changed this AD in this regard. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. We have determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD. E:\FR\FM\21FER1.SGM 21FER1 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations Related Service Information Under 1 CFR Part 51 We reviewed Boeing Alert Service Bulletin 757–27A0154, dated July 22, 2016. The service information describes procedures for replacing certain spoiler PCUs with new or changed PCUs. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. 11139 Costs of Compliance We estimate that this AD affects 573 airplanes of U.S. registry. We estimate the following costs to comply with this AD: ESTIMATED COSTS Labor cost Parts cost Cost per product Replacement of six PCUs ............................... 8 work-hours × $85 per hour = $680 ............. $32,652 $33,332 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. rmajette on DSK2TPTVN1PROD with RULES Action Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: 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. VerDate Sep<11>2014 14:42 Feb 17, 2017 Jkt 241001 PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ 2017–04–07 The Boeing Company: Amendment 39–18802; Docket No. FAA–2016–9111; Directorate Identifier 2016–NM–132–AD. (a) Effective Date This AD is effective March 28, 2017. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model 757–200, –200PF, –200CB, and –300 series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 757–27A0154, dated July 22, 2016. (d) Subject Air Transport Association (ATA) of America Code 27; Flight controls. (e) Unsafe Condition This AD was prompted by reports of single and multiple uncommanded spoiler panel extensions during flight when there was a hydraulic system failure. We are issuing this AD to prevent an uncommanded extension of multiple spoiler panels on one wing, in the event of a hydraulic system failure, which could result in the loss of control of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Replacement Within 51 months after the effective date of this AD: Replace each spoiler power PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 Cost on U.S. operators $19,099,236 control unit (PCU) with a new or changed PCU at spoiler positions 2, 3, and 4 on the left wing, and spoiler positions 9, 10, and 11 on the right wing, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 757–27A0154, dated July 22, 2016. (h) Alternative Methods of Compliance (AMOCs) (1) The Manager, Los Angeles Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (i) of this AD. Information may be emailed to: 9-ANM-LAACO-AMOCRequests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Los Angeles ACO, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (h)(4)(i) and (h)(4)(ii) of this AD apply. (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or substep is labeled ‘‘RC Exempt,’’ then the RC requirement is removed from that step or substep. An AMOC is required for any deviations to RC steps, including substeps and identified figures. (ii) Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can E:\FR\FM\21FER1.SGM 21FER1 11140 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations still be done as specified, and the airplane can be put back in an airworthy condition. (i) Related Information For more information about this AD, contact Myra Kuck, Aerospace Engineer, Cabin Safety/Mechanical & Environmental Systems branch, ANM–150L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, California 90712–4137; phone: 562–627– 5316; fax: 562–627–5210; email: myra.j.kuck@faa.gov. (j) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Boeing Alert Service Bulletin 757– 27A0154, dated July 22, 2016. (ii) Reserved. (3) For Boeing service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797– 1717; Internet https:// www.myboeingfleet.com. (4) You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Renton, Washington, on January 23, 2017. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017–03030 Filed 2–17–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2016–6664; Directorate Identifier 2015–NM–177–AD; Amendment 39–18795; AD 2017–03–04] rmajette on DSK2TPTVN1PROD with RULES RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: VerDate Sep<11>2014 14:42 Feb 17, 2017 Jkt 241001 We are superseding Airworthiness Directive (AD) 2012–16– 07 for certain The Boeing Company Model 737–500 series airplanes. AD 2012–16–07 required inspections of the fuselage skin at the chem-milled steps, and repair if necessary. This new AD adds new inspections, permanent repairs of time-limited repairs, related investigative and corrective actions if necessary, and skin panel replacement. This AD was prompted by evaluation by the design approval holder (DAH) that indicates that the fuselage skin is subject to widespread fatigue damage (WFD), and reports of cracking in certain areas of the fuselage skin. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective March 28, 2017. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of March 28, 2017. ADDRESSES: For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. It is also available on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2016– 6664. SUMMARY: Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.govby searching for and locating Docket No. FAA–2016– 6664; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800–647–5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Jennifer Tsakoumakis, Aerospace Engineer, Airframe Branch, ANM–120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Boulevard, Lakewood, CA 90712–4137; phone: 562–627–5264; fax: 562–627– 5210; email: jennifer.tsakoumakis@ faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2012–16–07, Amendment 39–17154 (77 FR 48423, August 14, 2012) (‘‘AD 2012–16–07’’). AD 2012–16–07 applied to certain The Boeing Company Model 737–500 series airplanes. The NPRM published in the Federal Register on May 13, 2016 (81 FR 29813) (‘‘the NPRM’’). The NPRM was prompted by evaluation by the DAH that indicates that the fuselage skin is subject to WFD, and reports of cracks at the chem-milled steps in the fuselage skin. The NPRM proposed to continue to require inspections of the fuselage skin at the chem-milled steps, and repair if necessary. The NPRM also proposed to add new fuselage skin inspections for cracking, inspections to detect missing or loose fasteners and any disbonding or cracking of bonded doublers, permanent repairs of timelimited repairs, related investigative and corrective actions if necessary, and skin panel replacement. We are issuing this AD to detect and correct cracking on the aft lower lobe fuselage skins, which could result in rapid decompression of the airplane. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA’s response to each comment. Request To Remove Time-Limited Repair Exception From Paragraph (g) of the Proposed AD Boeing requested that we remove the paragraph (h)(5) exception specified in paragraph (g) of the proposed AD. Boeing stated that paragraph (h)(5) of the proposed AD refers to structure with time-limited repairs and is not applicable to paragraph (g) of the proposed AD, which deals with actions on unrepaired structure. We agree with Boeing’s request to remove the paragraph (h)(5) reference in paragraph (g) of this AD for the reason provided by Boeing. We have revised paragraph (g) of this AD accordingly. Request To Revise Proposed Compliance Time and Method of Compliance Boeing requested that we revise paragraphs (h)(4), (k)(1), and (k)(2) of the proposed AD to specify that the skin E:\FR\FM\21FER1.SGM 21FER1

Agencies

[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Rules and Regulations]
[Pages 11137-11140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03030]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9111; Directorate Identifier 2016-NM-132-AD; 
Amendment 39-18802; AD 2017-04-07]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 757 airplanes. This AD was prompted by reports 
of single and multiple uncommanded spoiler panel extensions during 
flight when there was a hydraulic system failure. This AD requires 
replacing certain spoiler power control units (PCUs) with new or 
changed PCUs. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective March 28, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 28, 
2017.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; Internet https://www.myboeingfleet.com. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9111.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9111; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Myra Kuck, Aerospace Engineer, Cabin 
Safety/Mechanical & Environmental Systems Branch, ANM-150L, FAA, Los 
Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, 
Lakewood, CA 90712-4137; phone: 562-627-5316; fax: 562-627-5210; email: 
myra.j.kuck@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain The Boeing Company 
Model 757 airplanes. The NPRM published in the Federal Register on 
September 22, 2016 (81 FR 65307) (``the NPRM''). The NPRM was prompted 
by reports of single and multiple uncommanded spoiler panel extensions 
during flight. The condition known as ``spoiler panel float'' occurred 
when there was a hydraulic system pressure loss. When the flaps were 
extended beyond 20 degrees the spoiler panel float became severe enough 
to adversely impact airplane control. The NPRM proposed to require 
replacing certain spoiler PCUs with new or changed PCUs. We are issuing 
this AD to prevent an uncommanded extension of multiple spoiler panels 
on one wing, in the event of a hydraulic system failure, which could 
result in the loss of control of the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Support for the NPRM

    United Airlines expressed support for the NPRM.

Request To Revise Applicability

    MOOG Commercial Aircraft Group (MOOG) requested that we revise the 
applicability to include Boeing Model

[[Page 11138]]

757-200SF airplanes. MOOG stated that these airplanes are operated by 
some cargo operators.
    We do not agree with MOOG's request. The designation ``Model 757-
200SF'' is used for marketing purposes, but is not included on the 
Model 757 type certificate data sheet. Therefore, we have not included 
this reference in the applicability of this AD. We have not revised 
this AD in this regard.

Request To Revise Compliance Time

    The Air Line Pilots Association, International (ALPA) requested 
that we revise the compliance time from 51 months to 36 months.
    We do not agree with ALPA's request. ALPA did not submit any 
supporting data to justify its request. We have determined that the 
compliance time of 51 months is appropriate based upon failure 
probabilities, risk assessments, replacement rates, and part 
availability. We have not revised this AD in this regard.

Request To Revise Unsafe Condition Statement and Paragraph (e) of the 
Proposed AD

    Boeing requested that we revise the NPRM to clarify the unsafe 
condition. The NPRM stated that the AD would prevent an ``uncommanded 
extension of spoiler panels.'' Boeing stated that an ``uncommanded 
extension of multiple spoiler panels on one wing'' more accurately 
describes the unsafe condition. Boeing explained that there is 
sufficient lateral control authority available to overcome an 
uncommanded extension of a single spoiler panel on one wing, or 
coincident uncommanded extension of a spoiler panel on each wing.
    We agree with Boeing's request and rationale. We have revised the 
Discussion section of this final rule and paragraph (e) of this AD 
accordingly.
    MOOG requested that we revise paragraph (e) of the proposed AD to 
emphasize the need to accomplish the service information in order to 
prevent the unsafe condition.
    We find that clarification is necessary. As stated in paragraph (g) 
of this AD, the spoiler PCUs must be replaced in accordance with the 
specified service information to address the unsafe condition. Service 
information that is incorporated by reference in an AD becomes part of 
the AD, and the applicable requirements must be accomplished as stated 
in the AD. Paragraph (e) of this AD is intended to specify the unsafe 
condition; details about accomplishing the service information are not 
included in this paragraph. We have not revised this AD in this regard.

Request To Add Detail to the SUMMARY Section

    MOOG requested that to add clarity, we revise the SUMMARY section 
by adding most of the details found in Boeing's request (See ``Request 
to Clarify Spoiler Panel Float'' of this final rule.).
    We agree that the additional details in Boeing's comment provide a 
better understanding of the unsafe condition. We have added that 
information to the Discussion section, as discussed in our response to 
Boeing's comment. We have not added this information to the SUMMARY 
section of this final rule since it is not the appropriate location for 
such details.

Request To Clarify Spoiler Panel Float

    Boeing requested that we revise the Discussion section of the NPRM 
to clarify that ``spoiler panel float'' occurred when there was a 
hydraulic system pressure loss, and that when the flaps were extended 
beyond 20 degrees, the spoiler panel float became severe enough to 
adversely impact airplane control. Boeing explained that spoiler float 
will occur at all flap detents in the presence of a failed hydraulic 
system and a compromised spoiler actuator. Boeing explained that the 
magnitude of the spoiler float angle at the flap detents of 20 degrees 
and below is relatively modest and results in a rolling moment that is 
well within the airplane's capabilities to offset. Boeing stated that 
when a flap detent greater than 20 degrees is selected, the magnitude 
of the spoiler float angle increases dramatically, and the float angle 
becomes large enough to reduce the margin of airplane control 
authority.
    We agree with Boeing's request because it provides additional 
details that clarify the unsafe condition. We have revised this final 
rule accordingly.

Request for Warranty Coverage

    Thomson Airways stated that MOOG should be providing full industry 
support and warranty to correct its design fault. Thomson Airways 
stated that this spoiler PCU upgrade is increasing the ownership costs 
on an already aging fleet through poor design on behalf of MOOG.
    The FAA does not control warranty coverage. Manufacturers are 
responsible to determine appropriate industry warranty coverage. 
Therefore, we have not revised this AD in this regard.

Request for Clarification of Parts Installation

    FedEx Express (FedEx) requested that we clarify whether a pre-
service-bulletin part may be installed in positions 2, 4, 9, 10, and 11 
after the effective date of the AD, but before the 51-month compliance 
date, provided the pre-service-bulletin part is removed and replaced 
with a post-service bulletin part before the 51-month compliance time.
    We agree that it is necessary to provide clarification. An operator 
may install a pre-service-bulletin part before the 51-month compliance 
time specified in this AD. As stated in paragraph (g) of this AD, the 
spoiler PCUs must be replaced at the specified positions with a new or 
changed PCU within 51 months after the effective date of this AD. 
However, after an operator complies with paragraph (g) of this AD, only 
new or changed PCUs may be installed (even if compliance is 
accomplished before the 51-month compliance time) at the locations 
identified in paragraph (g) of this AD. No change to this AD is needed 
in this regard.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing (APB) stated that the installation of 
winglets per Supplemental Type Certificate (STC) ST01518SE does not 
affect the accomplishment of the manufacturer's service instructions.
    We agree with APB that STC ST01518SE does not affect the 
accomplishment of the manufacturer's service instructions. Therefore, 
the installation of STC ST01518SE does not affect the ability to 
accomplish the actions required by this AD. We have not changed this AD 
in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

[[Page 11139]]

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 757-27A0154, dated July 
22, 2016. The service information describes procedures for replacing 
certain spoiler PCUs with new or changed PCUs. This service information 
is reasonably available because the interested parties have access to 
it through their normal course of business or by the means identified 
in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 573 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Replacement of six PCUs..............  8 work-hours x $85 per          $32,652          $33,332      $19,099,236
                                        hour = $680.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2017-04-07 The Boeing Company: Amendment 39-18802; Docket No. FAA-
2016-9111; Directorate Identifier 2016-NM-132-AD.

(a) Effective Date

    This AD is effective March 28, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200PF, -
200CB, and -300 series airplanes, certificated in any category, as 
identified in Boeing Alert Service Bulletin 757-27A0154, dated July 
22, 2016.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of single and multiple 
uncommanded spoiler panel extensions during flight when there was a 
hydraulic system failure. We are issuing this AD to prevent an 
uncommanded extension of multiple spoiler panels on one wing, in the 
event of a hydraulic system failure, which could result in the loss 
of control of the airplane.

(f) Compliance

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

(g) Replacement

    Within 51 months after the effective date of this AD: Replace 
each spoiler power control unit (PCU) with a new or changed PCU at 
spoiler positions 2, 3, and 4 on the left wing, and spoiler 
positions 9, 10, and 11 on the right wing, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 757-
27A0154, dated July 22, 2016.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office 
(ACO), FAA, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19. In accordance 
with 14 CFR 39.19, send your request to your principal inspector or 
local Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in paragraph (i) of this AD. 
Information may be emailed to: 9-ANM-LAACO-AMOC-Requests@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by the Boeing Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Los Angeles ACO, to make those findings. To be approved, 
the repair method, modification deviation, or alteration deviation 
must meet the certification basis of the airplane, and the approval 
must specifically refer to this AD.
    (4) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(h)(4)(i) and (h)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can

[[Page 11140]]

still be done as specified, and the airplane can be put back in an 
airworthy condition.

(i) Related Information

    For more information about this AD, contact Myra Kuck, Aerospace 
Engineer, Cabin Safety/Mechanical & Environmental Systems branch, 
ANM-150L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 
Paramount Boulevard, Lakewood, California 90712-4137; phone: 562-
627-5316; fax: 562-627-5210; email: myra.j.kuck@faa.gov.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 757-27A0154, dated July 22, 
2016.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; Internet https://www.myboeingfleet.com.
    (4) You may view this referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, 
call 425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 23, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-03030 Filed 2-17-17; 8:45 am]
 BILLING CODE 4910-13-P