Airworthiness Directives; Rosemount Aerospace, Inc. Pitot Probes, 5700-5705 [2018-02550]

Download as PDF 5700 Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Rules and Regulations sradovich on DSK3GMQ082PROD with RULES Airbus Service Bulletin A330–52–3095, Revision 01, dated July 28, 2014; Airbus Service Bulletin A340–52–4101, Revision 01, dated July 28, 2014; or Airbus Service Bulletin A340–52–5023, Revision 01, dated July 28, 2014; as applicable; provided that the next inspection of all frame fork areas, frame head areas, and outer skin area of each affected aft cargo door is accomplished within 550 flight cycles after that inspection in accordance with the Accomplishment Instructions of SB A330–52–3095, R02; SB A340–52–4101, R02; or SB A340–52–5023, R02, as applicable. (5) Where Airbus Service Bulletins A330– 52–3095, Revision 01, dated July 28, 2014; A340–52–4101, Revision 01, dated July 28, 2014; A340–52–5020, Revision 01, dated July 9, 2014; and A340–52–5023, Revision 01, dated July 28, 2014; refers to using fasteners having P/N ASNA2657, this AD also allows the use of alternative HST11 series fasteners. (t) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards 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 (u)(2) of this AD. Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov. 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. (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 Section, Transport Standards Branch, FAA; or the EASA; or Airbus’s EASA DOA. If approved by the DOA, the approval must include the DOAauthorized signature. (3) Required for Compliance (RC): Except as required by paragraph (p) of this AD: If any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified 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 procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC. (u) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD VerDate Sep<11>2014 15:59 Feb 08, 2018 Jkt 244001 2016–0188, dated September 21, 2016; corrected September 22, 2016, 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–2017–0713. (2) For more information about this AD, contact Vladimir Ulyanov, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057–3356; telephone 425–227–1138; fax 425–227–1149. (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (v)(4) and (v)(5) of this AD. (v) 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. (i) Airbus Service Bulletin A330–52–3087, Revision 02, including Appendix 01, dated February 18, 2016. (ii) Airbus Service Bulletin A330–52–3095, Revision 02, including Appendices 01 and 02, dated February 19, 2016. (iii) Airbus Service Bulletin A330–52– 3105, dated February 15, 2016. (iv) Airbus Service Bulletin A330–52– 3106, dated February 24, 2016. (v) Airbus Service Bulletin A330–52–3110, dated February 15, 2016. (vi) Airbus Service Bulletin A330–52– 3111, dated February 15, 2016. (vii) Airbus Service Bulletin A330–52– 3112, dated February 24, 2016. (viii) Airbus Service Bulletin A330–52– 3113, dated February 15, 2016. (ix) Airbus Service Bulletin A330–52– 3114, dated February 15, 2016. (x) Airbus Service Bulletin A330–52–3115, dated April 20, 2016. (xi) Airbus Service Bulletin A330–52– 3116, dated April 20, 2016. (xii) Airbus Service Bulletin A330–52– 3117, dated April 20, 2016. (xiii) Airbus Service Bulletin A330–52– 3118, dated April 20, 2016. (xiv) Airbus Service Bulletin A340–52– 4095, Revision 02, including Appendix 01, dated November 27, 2015. (xv) Airbus Service Bulletin A340–52– 4101, Revision 02, including Appendices 01 and 02, dated November 27, 2015. (xvi) Airbus Service Bulletin A340–52– 4108, dated February 15, 2016. (xvii) Airbus Service Bulletin A340–52– 4109, dated February 25, 2016. (xviii) Airbus Service Bulletin A340–52– 4113, dated February 15, 2016. (xix) Airbus Service Bulletin A340–52– 4114, dated February 15, 2016. (xx) Airbus Service Bulletin A340–52– 4115, dated February 19, 2016. (xxi) Airbus Service Bulletin A340–52– 4118, dated April 20, 2016. (xxii) Airbus Service Bulletin A340–52– 4119, dated April 20, 2016. (xxiii) Airbus Service Bulletin A340–52– 4120, dated April 20, 2016. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 (xxiv) Airbus Service Bulletin A340–52– 4121, dated April 20, 2016. (xxv) Airbus Service Bulletin A340–52– 5020, Revision 02, including Appendices 01 and 02, dated November 27, 2015. (xxvi) Airbus Service Bulletin A340–52– 5023, Revision 02, including Appendices 01 and 02, dated November 27, 2015. (3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 45 80; email: airworthiness.A330-A340@airbus.com; internet: http://www.airbus.com. (4) You may view this service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Renton, Washington, on January 11, 2018. John P. Piccola, Jr., Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018–01803 Filed 2–8–18; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2016–6616; Product Identifier 2016–CE–004–AD; Amendment 39–19177; AD 2018–03–04] RIN 2120–AA64 Airworthiness Directives; Rosemount Aerospace, Inc. Pitot Probes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for Rosemount Aerospace Model 851AK pitot probes that were repaired by CSI Aerospace, Inc. between January 2013 and July 2014 that are installed on airplanes. This AD was prompted by a report that certain pitot probes are indicating the wrong airspeed during flight. This AD requires inspecting the airplane to determine the number of affected pitot probes installed and replacing the affected pitot probes. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective March 16, 2018. SUMMARY: E:\FR\FM\09FER1.SGM 09FER1 Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Rules and Regulations 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– 6616; or in person at the 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 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: Jonathan Kim, Aerospace Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood Parkway, Fort Worth, Texas 76177–1524; telephone: (817) 222–5131; fax: (817) 222–5245; email: jonathan.kim@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 Rosemount Aerospace Model 851AK pitot probes that were repaired by CSI Aerospace, Inc. between January 2013 and July 2014 that are installed on airplanes. The NPRM was published in the Federal Register on May 11, 2016 (81 FR 29193). The NPRM was prompted by a report that certain pitot probes are indicating the wrong airspeed during flight. The NPRM proposed to require inspecting the airplane to determine the number of affected pitot probes installed and replacing the affected pitot probes. We are issuing this AD to prevent incorrect airspeed indications during flight, which could lead to loss of control. Due to design redundancy, this is only applicable if more than one deficient probe is installed. Comments sradovich on DSK3GMQ082PROD with RULES 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 AD Air Line Pilots Association, International (ALPA) supported the proposed AD as written. We have not changed this AD action based on this comment. VerDate Sep<11>2014 15:59 Feb 08, 2018 Jkt 244001 Request To Revise the Description of the Unsafe Condition Andy Feely of CSI Aerospace, Inc. (CSI) stated that they do not have any data which confirms that the inaccurate airspeed occurred during flight ‘‘in icing conditions.’’ The commenter also stated that in the proposed AD, in the Summary, Discussion, and paragraph (e) Unsafe Condition sections, several references are made to the reported problem occurring ‘‘in icing conditions.’’ CSI does not have any data to support this statement. This statement is inconsistent with the field data that CSI has been able to collect. CSI has communicated with affected operators and has been unable to confirm experiences of inaccurate airspeed reporting during flight ‘‘in icing conditions.’’ CSI has a service difficulty report (SDR) where the airplane had varying airspeed indications from the airspeed indication systems (pitot probes), however, it does not contain a report of icing conditions. The commenter requested removing all references to ‘‘icing conditions’’ throughout the final rule AD action. We partially agree with the commenter. We agree to remove the language ‘‘icing conditions’’ from the Summary, Discussion, and paragraph (e) of the AD because the SDR report that prompted the AD action does not provide meteorological conditions. However, we disagree that icing conditions do not contribute to the unsafe condition. There is evidence that the migrated braze material may present a non-conforming, forward facing surface inside the pitot throat on which ice crystals may accumulate when they make contact and could lead to the incorrect airspeed indications. We have changed the AD as indicated above. Request To Clarify Summary Andy Feely of CSI stated that there is a specific time period that the affected pitot probes were repaired by CSI. The commenter requested that the specific time period of between January 2013 and July 2014 be added in the Summary section of the final rule AD action to clarify the applicability of the affected pitot probes and to be consistent with the dates in the Discussion section of the proposed AD. We agree with the commenter. We have changed this AD action based on this comment. Request To Revise the FAA’s Determination Section Andy Feely of CSI stated that the FAA’s Determination section in the PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 5701 proposed AD does not accurately reflect the scope of the unsafe condition. It implies a more widespread problem. Through CSI’s immediate actions taken, once notified of the initial report (March 2014), all suspect serial numbers of the affected pitot probes were identified and located. All affected customers were notified and were provided instructions to inspect, scrap, return and/or replace the suspect probes. The commenter also stated that it is his opinion that this condition is not ‘‘likely to exist or develop in other products of the same type design’’ because the probes were located, contained, and monitored. The commenter requested a revision to this section to more accurately indicate the scope of the unsafe condition. We do not agree with the commenter. In 14 CFR, section 39.5, the FAA is required to issue an AD when we find that an unsafe condition exists in a product and the condition is likely to exist or develop in other products of the same type design. We have determined that this AD meets these requirements. We have not changed this AD action based on this comment. Request To Revise the Applicability Section Andy Feely of CSI stated that the Applicability section should include a statement to clarify the time period to narrow the actual scope of the problem and to be consistent with the dates stated in the Discussion section of the proposed AD. The commenter also stated that pitot probes re-repaired after August 1, 2014, are no longer part of the affected probes. The commenter requested that paragraph (c) of the final rule AD be revised to add the specific time period the affected probes were repaired by CSI and to specify the serial numbers of pitot probes repaired after August 1, 2014, which are no longer part of the affected probes. We partially agree with the commenter. We agree with including a statement in the Applicability section that suspect probes that were rerepaired by CSI Aerospace, Inc. after August 1, 2014, are not at risk because corrective actions have been taken to address the unsafe condition. We have changed the final rule AD action to add the serial numbers of the re-repaired probes to the Applicability section. Because we are relaxing the requirement to allow probes to be re-repaired after August 2014 and CSI is confident that these probes were re-repaired after August 2014, this does not add any additional burden to operators. E:\FR\FM\09FER1.SGM 09FER1 5702 Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Rules and Regulations We disagree with removing the serial numbers of re-repaired pitot probes from the Applicability section because we do not want to omit serial numbers from the final rule AD action based on claims that affected parts are already in compliance with the actions of the proposed AD. The original list of serial numbers provided in the proposed AD did not include serial numbers of rerepaired probes, but we have added them to the final rule AD action. Again, adding these serial numbers does not impose a burden on the public and this AD only documents those serial numbers that originally had the unsafe condition. All airplanes that had probes previously repaired would not be subject to any actions of this AD other than the requirement to assure that no suspect probe is installed in the future. We have not changed this AD action based on this part of the comment. sradovich on DSK3GMQ082PROD with RULES Request To Correct Serial Number of Affect Pitot Probe Andy Feely of CSI stated that the serial number of pitot probe 88912 in the proposed AD is incorrect. The commenter requested the serial number be corrected to 88192 in the final rule AD action. We agree with the commenter and have changed this AD action based on this comment. Request To Allow Maintenance Records Review Andy Feely of CSI and Ryan Hall of Delta Air Lines stated that operators who have serial number traceability of the affected pitot probes fully documented in their maintenance records should be permitted to do a records review in order to determine location and number of affected probes installed on their airplane(s). The commenters requested that paragraph (g) of the final rule AD action be changed to include a review of the maintenance records in lieu of a physical inspection of the airplane if the serial number and repair date of the pitot probe can be positively identified. We agree with the commenter. Many operators keep thorough maintenance records that make it possible to positively identify the serial number of the affected probe and the repair date from a review their maintenance records. We have changed this AD action based on this comment. Request To Clarify Compliance Andy Feely of CSI stated it is not initially clear to owners/operators who have determined, either through inspection of the airplane, through VerDate Sep<11>2014 15:59 Feb 08, 2018 Jkt 244001 maintenance records review, or that action was already taken before the effective date of this AD to assure that no more than one affected probe remains on the airplane and that two out of the three pitot probes installed on their airplane are not affected are in compliance with certain portions of the proposed AD. The commenter requested an additional statement be added to paragraph (g) of the final rule AD action to clarify that no further action is required except for the ongoing requirement in paragraph (h)(2) of this final rule AD action if airplane inspection or maintenance records review reveals that no more than one affected probe remains on the airplane. We agree with the commenter and have changed this AD action based on this comment. Request To Clarify Replacement Requirement Andy Feely of CSI stated that in the proposed AD it is unclear when the replacement of the affected pitot probes is required. The commenter requested to have the words ‘‘after the effective date of this AD’’ removed from paragraph (h)(1) of the final rule AD action. We do not agree with the commenter. If it is determined that the pitot probes are required to be replaced, as specified in paragraph (h)(1) of the proposed AD, the operator will have two months after the effective date of the final rule AD action to do so. We have not changed this AD action based on this comment. Request To Remove Certain Pitot Probes From the Applicability Andy Feely of CSI stated that as a result of the aggressive voluntary corrective action plan by CSI and the airlines, the serial number listing of the affected pitot probes has been greatly reduced. The commenter stated that robust traceability by serial number, delivery date, and customer, have allowed CSI and its customers the ability to proactively remove the affected probes for re-repair or scrap. CSI maintains very tight coordination with the affected customers and is aware of the status of all affected pitot probes. The commenter has requested that many of the pitot probes listed in the Applicability section be removed from the final rule AD action. We do not agree with the commenter. We disagree with removing the serial numbers of re-repaired or scrapped pitot probes from the Applicability section of the final rule AD action because we do PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 not want to omit serial numbers based on claims that affected parts are already in compliance. We acknowledge that CSI has made significant efforts to remove all affected pitot probes from the fleet and to communicate their efforts to the FAA; however, after their effort was complete, approximately 100 pitot probes could not be accounted for. We have not changed this AD action based on this comment. Request To Extend Compliance Time for Replacement Robert Holcomb of American Airlines stated that the final rule AD should take into account the burden of costs associated with acquiring additional spares to meet the two-month replacement compliance time. The commenter stated that American Airlines owns 197 of the affected pitot probes. Of the 197 affected pitot probes, 83 are on active airplanes and 21 of those have been re-repaired. The commenter also stated that American Airlines has not had any failures of the affected pitot probes and currently has 87 active airplanes with potential to have an affected pitot probe installed. The commenter requested increasing the replacement compliance time to 6 months based on lack of failures on the MD80 fleet, current spare constraints, and turnaround time of re-repaired pitot probes. We do not agree with the commenter. We received a report about erroneous airspeed data being transmitted from multiple Rosemount Aerospace Model 851AK pitot probes repaired by CSI when installed on a Boeing Aircraft Company Model B717 airplane. Because we cannot say with certainty when or where this unsafe condition will manifest in the pitot probe, we are unable to increase the replacement compliance time to six months without additional justification. If operators have substantiating data to demonstrate that an acceptable level of safety has been met with a change in compliance time or other changes to this AD, we will consider an alternative method of compliance (AMOC) to the final rule AD action on a case by case basis. We do not provide costs beyond initial work hours and parts costs. Therefore, accounting for costs associated with acquiring spares is beyond the scope of our policy. We have not changed this AD action based on this comment. Request To Clarify Exclusion of Certain Pitot Probes From the Applicability Ryan Hall of Delta Air Lines stated that it is not clear in the Applicability section of the proposed AD that pitot E:\FR\FM\09FER1.SGM 09FER1 Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Rules and Regulations probes repaired by CSI on or after August 1, 2014, are not part of the applicability. The commenter stated that paragraph (c) of proposed rule AD applies to pitot probes that were repaired by CSI and have a serial number listed in paragraph (c)(1) of this AD that are known to be installed on aircraft. However, paragraph (h)(3) of the proposed AD contains the phrase, ‘unless it has been repaired by CSI and has a date of August 1, 2014, or later. The commenter requested that the Applicability section of the final rule AD action be revised to include the statement excluding pitot probes repaired by CSI Aerospace, Inc. after August 1, 2014, from the applicability. We agree with the commenter and have changed this AD action based on this comment. Request To Add Removal Requirement Ralph Isaacson stated that the laser etching, which identifies the manufacturer and serial number, is eventually worn off by environmental conditions, usage, and age. The commenter stated that in some instances the pitot probes will require removal from the fuselage to clearly identify the mechanically stamped serial number at the inner base of the probe. The commenter requested that a requirement for removing the pitot probes in order to identify the overhauled pitot probes serial numbers should be added to the final rule AD action. We partially agree with the commenter. We agree with the possibility that the serial number may not be legible on the outside of the pitot probe because of environmental conditions, usage, age, etc. However, we disagree with adding a requirement to remove the pitot probe during every inspection. If the serial number is legible from the outside of the pitot probe, this may add an unnecessary burden to the operators. Also, some operators are capable of positively identifying the serial number of the affected pitot probe and the repair date from a review of maintenance records. 5703 We have not changed this AD action based on this comment. 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 addressing 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. Costs of Compliance We estimate that this AD affects 679 products installed on airplanes of U.S. registry. We estimate the following costs to comply with this AD: ESTIMATED COSTS Parts cost Action Labor cost Inspect to determine the number of defective pitot probes installed on the airplane. 1 work-hour × $85 per hour = $85 ................. We estimate the following costs to do any necessary replacements that will be required based on the results of the inspection. We have no way of Cost per product N/A N/A Cost on U.S. operators $57,715 determining the number of airplanes that might need these replacements: ON-CONDITION COSTS Action Labor cost Replace defective pitot probe ....................................... 1 work-hour × $85 per hour = $85 ............................... sradovich on DSK3GMQ082PROD with RULES 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 VerDate Sep<11>2014 15:59 Feb 08, 2018 Jkt 244001 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 small airplanes, gliders, balloons, airships, domestic business jet transport airplanes, and associated appliances to the Director of the Policy and Innovation Division. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 Parts cost $6,750 Cost per product $6,835 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 E:\FR\FM\09FER1.SGM 09FER1 5704 Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Rules and Regulations (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 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): ■ 2018–03–04 Rosemount Aerospace, Inc.: Amendment 39–19177; Docket No. FAA–2016–6616; Product Identifier 2016–CE–004–AD. (a) Effective Date This AD is effective March 16, 2018. sradovich on DSK3GMQ082PROD with RULES (b) Affected ADs None. (c) Applicability This AD applies to Rosemount Aerospace, Inc. Model 851AK pitot probes that were repaired by CSI Aerospace Inc. and have a serial number listed in paragraph (c)(1) of this AD that are known to be installed on but not limited to the airplanes listed in paragraph (c)(2) of this AD. Pitot probes that were repaired by CSI Aerospace Inc. that have a repair date of August 1, 2014, or later, are excluded from the applicability. (1) 24352, 53257, 61568, 68168, 69913, 69953, 71007, 71802, 71820, 73010, 73406, 75549, 75555, 80489, 80491, 83809, 84200, 84495, 84911, 84922, 85317, 85731, 87225, 87234, 87235, 87241, 87272, 87512, 87551, 87909, 88192, 88622, 90538, 91606, 93291, 93292, 93293, 93305, 93941, 93948, 93960, 94258, 94304, 94559, 94814, 94819, 95150, 95849, 97405, 98194, 99498, 99509, 100105, 100111, 100127, 100313, 100741, 101374, 101500, 102037, 102054, 102309, 102502, 104604, 106134, 106139, 106381, 106905, 107251, 107405, 107406, 107450, 107887, 108174, 108302, 108858, 108859, 108967, 108970, 109119, 109122, 109124, 109128, 109383, 109393, 109394, 109467, 109474, 109488, 109521, 109524, 109537, 109577, 109795, 109798, 109799, 109808, 109810, 109946, 109954, 109958, 109962, 109996, 110323, 110324, 110327, 110338, 110611, 110626, 110880, 110895, 110956, 111061, 111066, 111315, 111320, 111432, 111561, 111571, 111578, 111802, 111807, 112229, VerDate Sep<11>2014 15:59 Feb 08, 2018 Jkt 244001 112280, 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128302, 128307, 129503, 130371, 130377, 130688, 131422, 131423, 131752, 132065, 132067, 132297, 132825, 133103, 133161, 133220, 133291, 133310, 133313, 133394, 133396, 133512, 133521, 134100, 134102, 134403, 134535, 134537, 134639, 134675, 134681, 135136, 135234, 135246, 135250, 135554, 135561, 135568, 135735, 135743, 136075, 136208, 137049, 137398, 137543, 137544, 137642, 139076, 139081, 139433, 139444, 139691, 139694, 139759, 139763, 139971, 139976, 140188, 140563, 140565, 140643, 140649, 140650, 141161, 141356, 141362, 141497, 141501, 141605, 141607, 142426, 142765, 142774, 142775, 143070, 143405, 143409, 143411, 143418, 143816, 143818, 143988, 143992, 143999, 144591, 144814, 144816, 144976, 144977, 146116, 146835, 147421, 148524, 148765, 148777, 149460, 149464, 149510, 149941, 150196, 150206, 150211, 150212, 150214, 150542, 150725, 151077, 151086, 151095, 151493, 152097, 152819, 152922, 152969, 152974, 152981, 153232, 153233, 153453, 153454, 153625, 153628, 153635, 153641, 153956, 153962, 153966, 153984, 154007, 154156, 154704, 154721, 154738, 154741, 155003, 155042, 155045, 155238, 155278, 155517, 156022, 156025, 156222, 156526, 156529, 156672, 157023, 157137, 157143, 158393, 158790, 158797, 159033, 159036, 159413, 159440, 159891, 160000, 160002, 160006, 160456, 160459, 160463, 160466, 160468, 161137, 161139, 161159, 161177, 161184, 161185, 161363, 161364, 161366, 162376, 162384, 162674, 162682, 162685, 162688, 163176, 163178, 163181, 163557, 163559, 163602, 164217, 164279, 164746, 164750, 164907, 164908, 165135, 165259, 165459, 165805, 166235, 166324, 166325, 166326, 166331, 166477, 166481, 166608, 166671, 166673, 166892, 167029, 167030, 167035, 167037, 167182, 167341, 167556, 167559, 167705, 167707, 167709, 167763, 167764, 167765, 167766, 167811, 195627, 195628, 195706, 195707, 195710, 195796, 195833, 195876, 196041, 196042, 196045, 196137, 196234, 196397, 196400, 196401, 196403, 196498, 196500, 196761, 197097, 197137, 197140, 197143, 197238, 197657, 197874, 198528, 198687, 198775, 198780, PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 198788, 198872, 198878, 199034, 199042, 199187, 199441, 199613, 199616, 199669, 200293, 200324, 200534, 200535, 200538, 200556, 200737, 200738, 200739, 200793, 200830, 200834, 200872, 201576, 201685, 201733, 201892, 201893, 201964, 202053, 202305, 202306, 202469, 202471, 202472, 202596, 202625, 202633, 202760, 202381, 202879, 202901, 203010, 203016, 203147, 204629, 204665, 204714, 204820, 204821, 204822, 205249, 205253, 205329, 205335, 205526, 205527, 205529, 205700, 205882, 205967, 206273, 206406, 206436, 206441, 206646, 207019, 207020, 207021, 207364, 207369, 207683, 207684, 207837, 207849, 207850, 208206, 208381, 208394, 208396, 208543, 209148, 209698, 209704, 209707, 212176, 212525, 212697, 212700, 213952, 213953, 214085, 214089, 214144, 214795, 214803, 215392, 215476, 216214, 216509, 216515, 216951, 216955, 216957, 217368, 217369, 217382, 217441, 217708, 217805, 218112, 218610, 218613, 218757, 218761, 218958, 218965, 218967, 218970, 218976, 219226, 219228, 219233, 219236, 219411, 219418, 219832, 219840, 219842, 219915, 220990, 220991, 221197, 221286, 221635, 224540, 224700, 224701, 224704, 224707, 224876, 225257, 225262, 225586, 225907, 225910, 225974, 226133, 226136, 226465, 226466, 226467, 227159, 227174, 227836, 227837, 229277, 230190, 230191, 230192, 230193, 231082, 232015, 232681, 232684, 234534, 235621, 235628, 238097, 238179, 239755, 239760, 239956, 239964, 242109, 242998, 243347, 243350, 243351, 245230, 246442, 246792, 246851, 247007, 247302, 250747, 253132, 256326, 256327, 258614, 258861, 258865, 260508, 262743, 262744, 263643, 263644, 263645, 263651, 263700, 264117, 264119, 264122, 264123, 264125, 264193, 264738, 265208, 265210, 265655, 265656, 265657, 265658, 268055, 268562, 268564, 268565, 268566, 272372, 272592, 273833, 273835, 275276, 275658, 275663, 277554, 280433, 280435, 296902, 298059, and 298843. (2) DC–9–11, DC–9–12, DC–9–13, DC–9– 14, DC–9–15, DC–9–15F, DC–9–21, DC–9–31, DC–9–32, DC–9–32 (VC–9C), DC–9–32F, DC– 9–32F (C–9A, C–9B), DC–9–33F, DC–9–34, DC–9–34F, DC–9–41, DC–9–51, DC–9–81 (MD–81), DC–9–82 (MD–82), DC–9–83 (MD– 83), DC–9–87 (MD–87), MD–88, MD–90–30, and 717–200. (d) Subject Joint Aircraft System Component (JASC)/ Air Transport Association (ATA) of America Code 3414, Airspeed/Mach Indicator. (e) Unsafe Condition This AD was prompted by a report that the pitot probes are indicating the wrong airspeed during flight. We are issuing this AD to prevent incorrect airspeed indications during flight, which could lead to loss of control. Due to design redundancy, this is only applicable if more than one deficient probe is installed. (f) Compliance Comply with this AD within the compliance times specified. If the actions required in paragraphs (g) and (h)(1) of this AD have already been done before March 16, E:\FR\FM\09FER1.SGM 09FER1 Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Rules and Regulations 2018 (the effective date of this AD), then only paragraph (h)(2) of this AD applies. (g) Determine Number of Affected Pitot Probes Installed Within 30 days after March 16, 2018 (the effective date of this AD), inspect the airplane to determine the number of pitot probes identified in paragraph (c)(1) of this AD that are installed on the airplane. This inspection can be performed through a review of maintenance records in lieu of a physical inspection of the product if the serial number and repair date can be positively identified from the review. If the serial number cannot be positively identified from a review of the aircraft’s maintenance records or from the outside of the airplane, this may require the pitot probe to be removed from the fuselage to view the serial number at the inner base of the probe. If it is determined that no more than one pitot probe identified in paragraph (c)(1) of this AD is installed on the airplane, no further action is required except for the ongoing requirement in paragraph (h)(2) of this AD. sradovich on DSK3GMQ082PROD with RULES (h) Replace Affected Pitot Probes (1) If it is determined that more than one pitot probe identified in paragraph (c)(1) of this AD is installed on the airplane during the inspection required in paragraph (g) of this AD, within the next 2 months after March 16, 2018 (the effective date of this AD), do one of the following so that no more than one pitot probe identified in paragraph (c)(1) of this AD is installed on any aircraft simultaneously. (i) Replace the pitot probes that are listed with pitot probes that do not have a serial number listed in paragraph (c)(1) of this AD; or (ii) Replace the pitot probes that are listed with one that has been properly repaired, and if repaired by CSI, has a repair date of August 1, 2014, or later. This can be done by having the existing pitot probe repaired by CSI Aerospace, Inc. (2) As of March 16, 2018 (the effective date of this AD), do not install on any airplane a pitot probe having a serial number listed in paragraph (c)(1) of this AD, unless it has been properly repaired, and if repaired by CSI Aerospace, Inc., has a repair date of August 1, 2014, or later. (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, Fort Worth 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 ACO Branch, send it to the attention of the person identified in paragraph (j) of this AD. (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. (i) Related Information For more information about this AD, contact Jonathan Kim, Aerospace Engineer, VerDate Sep<11>2014 15:59 Feb 08, 2018 Jkt 244001 Fort Worth ACO Branch, FAA, 10101 Hillwood Parkway, Fort Worth, Texas 76177– 1524; telephone: (817) 222–5131; fax: (817) 222–5245; email: jonathan.kim@faa.gov. Issued in Kansas City, Missouri, on February 2, 2018. Melvin J. Johnson, Deputy Director, Policy & Innovation Division, Aircraft Certification Service. [FR Doc. 2018–02550 Filed 2–8–18; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2017–0279; Airspace Docket No. 17–ASO–10] Establishment of Class E Airspace; Johnson City, TN Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action establishes Class E airspace extending upward from 700 feet above the surface at Johnson City, TN, to accommodate new area navigation (RNAV) global positioning system (GPS) standard instrument approach procedures (SIAPs) serving Johnson City Medical Center Heliport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the heliport. SUMMARY: Effective 0901 UTC, March 29, 2018. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments. ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/ air_traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11B at NARA, call (202) 741–6030, or go to https:// www.archives.gov/federal-register/cfr/ ibr-locations.html. FAA Order 7400.11, Airspace Designations and Reporting Points, is DATES: PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 5705 published yearly and effective on September 15. John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305–6364. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes Class E airspace at Johnson City Medical Center Heliport, Johnson City, TN, to support IFR operations under standard instrument approach procedures at the heliport. History The FAA published a notice of proposed rulemaking in the Federal Register (82 FR 24268, May 26, 2017) for Docket No. FAA–2017–0279 to establish Class E airspace extending upward from 700 feet above the surface at Johnson City Medical Center Heliport, Johnson City, TN, due to the new RNAV (GPS) standard instrument approach procedures for IFR operations at the heliport. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. Availability and Summary of Documents for Incorporation by Reference This document proposes to amend FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017. FAA Order 7400.11B is publicly available as listed in the ADDRESSES section of this E:\FR\FM\09FER1.SGM 09FER1

Agencies

[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Rules and Regulations]
[Pages 5700-5705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02550]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6616; Product Identifier 2016-CE-004-AD; Amendment 
39-19177; AD 2018-03-04]
RIN 2120-AA64


Airworthiness Directives; Rosemount Aerospace, Inc. Pitot Probes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for 
Rosemount Aerospace Model 851AK pitot probes that were repaired by CSI 
Aerospace, Inc. between January 2013 and July 2014 that are installed 
on airplanes. This AD was prompted by a report that certain pitot 
probes are indicating the wrong airspeed during flight. This AD 
requires inspecting the airplane to determine the number of affected 
pitot probes installed and replacing the affected pitot probes. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective March 16, 2018.

[[Page 5701]]

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-
6616; or in person at the 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 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: Jonathan Kim, Aerospace Engineer, Fort 
Worth ACO Branch, FAA, 10101 Hillwood Parkway, Fort Worth, Texas 76177-
1524; telephone: (817) 222-5131; fax: (817) 222-5245; 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 Rosemount Aerospace Model 
851AK pitot probes that were repaired by CSI Aerospace, Inc. between 
January 2013 and July 2014 that are installed on airplanes. The NPRM 
was published in the Federal Register on May 11, 2016 (81 FR 29193). 
The NPRM was prompted by a report that certain pitot probes are 
indicating the wrong airspeed during flight. The NPRM proposed to 
require inspecting the airplane to determine the number of affected 
pitot probes installed and replacing the affected pitot probes. We are 
issuing this AD to prevent incorrect airspeed indications during 
flight, which could lead to loss of control. Due to design redundancy, 
this is only applicable if more than one deficient probe is installed.

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 AD

    Air Line Pilots Association, International (ALPA) supported the 
proposed AD as written.
    We have not changed this AD action based on this comment.

Request To Revise the Description of the Unsafe Condition

    Andy Feely of CSI Aerospace, Inc. (CSI) stated that they do not 
have any data which confirms that the inaccurate airspeed occurred 
during flight ``in icing conditions.''
    The commenter also stated that in the proposed AD, in the Summary, 
Discussion, and paragraph (e) Unsafe Condition sections, several 
references are made to the reported problem occurring ``in icing 
conditions.'' CSI does not have any data to support this statement. 
This statement is inconsistent with the field data that CSI has been 
able to collect. CSI has communicated with affected operators and has 
been unable to confirm experiences of inaccurate airspeed reporting 
during flight ``in icing conditions.'' CSI has a service difficulty 
report (SDR) where the airplane had varying airspeed indications from 
the airspeed indication systems (pitot probes), however, it does not 
contain a report of icing conditions.
    The commenter requested removing all references to ``icing 
conditions'' throughout the final rule AD action.
    We partially agree with the commenter. We agree to remove the 
language ``icing conditions'' from the Summary, Discussion, and 
paragraph (e) of the AD because the SDR report that prompted the AD 
action does not provide meteorological conditions. However, we disagree 
that icing conditions do not contribute to the unsafe condition. There 
is evidence that the migrated braze material may present a non-
conforming, forward facing surface inside the pitot throat on which ice 
crystals may accumulate when they make contact and could lead to the 
incorrect airspeed indications.
    We have changed the AD as indicated above.

Request To Clarify Summary

    Andy Feely of CSI stated that there is a specific time period that 
the affected pitot probes were repaired by CSI.
    The commenter requested that the specific time period of between 
January 2013 and July 2014 be added in the Summary section of the final 
rule AD action to clarify the applicability of the affected pitot 
probes and to be consistent with the dates in the Discussion section of 
the proposed AD.
    We agree with the commenter. We have changed this AD action based 
on this comment.

Request To Revise the FAA's Determination Section

    Andy Feely of CSI stated that the FAA's Determination section in 
the proposed AD does not accurately reflect the scope of the unsafe 
condition. It implies a more widespread problem. Through CSI's 
immediate actions taken, once notified of the initial report (March 
2014), all suspect serial numbers of the affected pitot probes were 
identified and located. All affected customers were notified and were 
provided instructions to inspect, scrap, return and/or replace the 
suspect probes. The commenter also stated that it is his opinion that 
this condition is not ``likely to exist or develop in other products of 
the same type design'' because the probes were located, contained, and 
monitored.
    The commenter requested a revision to this section to more 
accurately indicate the scope of the unsafe condition.
    We do not agree with the commenter. In 14 CFR, section 39.5, the 
FAA is required to issue an AD when we find that an unsafe condition 
exists in a product and the condition is likely to exist or develop in 
other products of the same type design. We have determined that this AD 
meets these requirements.
    We have not changed this AD action based on this comment.

Request To Revise the Applicability Section

    Andy Feely of CSI stated that the Applicability section should 
include a statement to clarify the time period to narrow the actual 
scope of the problem and to be consistent with the dates stated in the 
Discussion section of the proposed AD. The commenter also stated that 
pitot probes re-repaired after August 1, 2014, are no longer part of 
the affected probes.
    The commenter requested that paragraph (c) of the final rule AD be 
revised to add the specific time period the affected probes were 
repaired by CSI and to specify the serial numbers of pitot probes 
repaired after August 1, 2014, which are no longer part of the affected 
probes.
    We partially agree with the commenter. We agree with including a 
statement in the Applicability section that suspect probes that were 
re-repaired by CSI Aerospace, Inc. after August 1, 2014, are not at 
risk because corrective actions have been taken to address the unsafe 
condition. We have changed the final rule AD action to add the serial 
numbers of the re-repaired probes to the Applicability section. Because 
we are relaxing the requirement to allow probes to be re-repaired after 
August 2014 and CSI is confident that these probes were re-repaired 
after August 2014, this does not add any additional burden to 
operators.

[[Page 5702]]

    We disagree with removing the serial numbers of re-repaired pitot 
probes from the Applicability section because we do not want to omit 
serial numbers from the final rule AD action based on claims that 
affected parts are already in compliance with the actions of the 
proposed AD. The original list of serial numbers provided in the 
proposed AD did not include serial numbers of re-repaired probes, but 
we have added them to the final rule AD action. Again, adding these 
serial numbers does not impose a burden on the public and this AD only 
documents those serial numbers that originally had the unsafe 
condition. All airplanes that had probes previously repaired would not 
be subject to any actions of this AD other than the requirement to 
assure that no suspect probe is installed in the future.
    We have not changed this AD action based on this part of the 
comment.

Request To Correct Serial Number of Affect Pitot Probe

    Andy Feely of CSI stated that the serial number of pitot probe 
88912 in the proposed AD is incorrect.
    The commenter requested the serial number be corrected to 88192 in 
the final rule AD action.
    We agree with the commenter and have changed this AD action based 
on this comment.

Request To Allow Maintenance Records Review

    Andy Feely of CSI and Ryan Hall of Delta Air Lines stated that 
operators who have serial number traceability of the affected pitot 
probes fully documented in their maintenance records should be 
permitted to do a records review in order to determine location and 
number of affected probes installed on their airplane(s).
    The commenters requested that paragraph (g) of the final rule AD 
action be changed to include a review of the maintenance records in 
lieu of a physical inspection of the airplane if the serial number and 
repair date of the pitot probe can be positively identified.
    We agree with the commenter. Many operators keep thorough 
maintenance records that make it possible to positively identify the 
serial number of the affected probe and the repair date from a review 
their maintenance records.
    We have changed this AD action based on this comment.

Request To Clarify Compliance

    Andy Feely of CSI stated it is not initially clear to owners/
operators who have determined, either through inspection of the 
airplane, through maintenance records review, or that action was 
already taken before the effective date of this AD to assure that no 
more than one affected probe remains on the airplane and that two out 
of the three pitot probes installed on their airplane are not affected 
are in compliance with certain portions of the proposed AD.
    The commenter requested an additional statement be added to 
paragraph (g) of the final rule AD action to clarify that no further 
action is required except for the ongoing requirement in paragraph 
(h)(2) of this final rule AD action if airplane inspection or 
maintenance records review reveals that no more than one affected probe 
remains on the airplane.
    We agree with the commenter and have changed this AD action based 
on this comment.

Request To Clarify Replacement Requirement

    Andy Feely of CSI stated that in the proposed AD it is unclear when 
the replacement of the affected pitot probes is required.
    The commenter requested to have the words ``after the effective 
date of this AD'' removed from paragraph (h)(1) of the final rule AD 
action.
    We do not agree with the commenter. If it is determined that the 
pitot probes are required to be replaced, as specified in paragraph 
(h)(1) of the proposed AD, the operator will have two months after the 
effective date of the final rule AD action to do so.
    We have not changed this AD action based on this comment.

Request To Remove Certain Pitot Probes From the Applicability

    Andy Feely of CSI stated that as a result of the aggressive 
voluntary corrective action plan by CSI and the airlines, the serial 
number listing of the affected pitot probes has been greatly reduced.
    The commenter stated that robust traceability by serial number, 
delivery date, and customer, have allowed CSI and its customers the 
ability to proactively remove the affected probes for re-repair or 
scrap. CSI maintains very tight coordination with the affected 
customers and is aware of the status of all affected pitot probes.
    The commenter has requested that many of the pitot probes listed in 
the Applicability section be removed from the final rule AD action.
    We do not agree with the commenter. We disagree with removing the 
serial numbers of re-repaired or scrapped pitot probes from the 
Applicability section of the final rule AD action because we do not 
want to omit serial numbers based on claims that affected parts are 
already in compliance. We acknowledge that CSI has made significant 
efforts to remove all affected pitot probes from the fleet and to 
communicate their efforts to the FAA; however, after their effort was 
complete, approximately 100 pitot probes could not be accounted for.
    We have not changed this AD action based on this comment.

Request To Extend Compliance Time for Replacement

    Robert Holcomb of American Airlines stated that the final rule AD 
should take into account the burden of costs associated with acquiring 
additional spares to meet the two-month replacement compliance time.
    The commenter stated that American Airlines owns 197 of the 
affected pitot probes. Of the 197 affected pitot probes, 83 are on 
active airplanes and 21 of those have been re-repaired. The commenter 
also stated that American Airlines has not had any failures of the 
affected pitot probes and currently has 87 active airplanes with 
potential to have an affected pitot probe installed.
    The commenter requested increasing the replacement compliance time 
to 6 months based on lack of failures on the MD80 fleet, current spare 
constraints, and turnaround time of re-repaired pitot probes.
    We do not agree with the commenter. We received a report about 
erroneous airspeed data being transmitted from multiple Rosemount 
Aerospace Model 851AK pitot probes repaired by CSI when installed on a 
Boeing Aircraft Company Model B717 airplane. Because we cannot say with 
certainty when or where this unsafe condition will manifest in the 
pitot probe, we are unable to increase the replacement compliance time 
to six months without additional justification. If operators have 
substantiating data to demonstrate that an acceptable level of safety 
has been met with a change in compliance time or other changes to this 
AD, we will consider an alternative method of compliance (AMOC) to the 
final rule AD action on a case by case basis. We do not provide costs 
beyond initial work hours and parts costs. Therefore, accounting for 
costs associated with acquiring spares is beyond the scope of our 
policy.
    We have not changed this AD action based on this comment.

Request To Clarify Exclusion of Certain Pitot Probes From the 
Applicability

    Ryan Hall of Delta Air Lines stated that it is not clear in the 
Applicability section of the proposed AD that pitot

[[Page 5703]]

probes repaired by CSI on or after August 1, 2014, are not part of the 
applicability.
    The commenter stated that paragraph (c) of proposed rule AD applies 
to pitot probes that were repaired by CSI and have a serial number 
listed in paragraph (c)(1) of this AD that are known to be installed on 
aircraft. However, paragraph (h)(3) of the proposed AD contains the 
phrase, `unless it has been repaired by CSI and has a date of August 1, 
2014, or later.
    The commenter requested that the Applicability section of the final 
rule AD action be revised to include the statement excluding pitot 
probes repaired by CSI Aerospace, Inc. after August 1, 2014, from the 
applicability.
    We agree with the commenter and have changed this AD action based 
on this comment.

Request To Add Removal Requirement

    Ralph Isaacson stated that the laser etching, which identifies the 
manufacturer and serial number, is eventually worn off by environmental 
conditions, usage, and age.
    The commenter stated that in some instances the pitot probes will 
require removal from the fuselage to clearly identify the mechanically 
stamped serial number at the inner base of the probe.
    The commenter requested that a requirement for removing the pitot 
probes in order to identify the overhauled pitot probes serial numbers 
should be added to the final rule AD action.
    We partially agree with the commenter. We agree with the 
possibility that the serial number may not be legible on the outside of 
the pitot probe because of environmental conditions, usage, age, etc. 
However, we disagree with adding a requirement to remove the pitot 
probe during every inspection. If the serial number is legible from the 
outside of the pitot probe, this may add an unnecessary burden to the 
operators. Also, some operators are capable of positively identifying 
the serial number of the affected pitot probe and the repair date from 
a review of maintenance records. We have not changed this AD action 
based on this comment.

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 addressing 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.

Costs of Compliance

    We estimate that this AD affects 679 products installed on 
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
----------------------------------------------------------------------------------------------------------------
Inspect to determine the number of   1 work-hour x $85 per hour              N/A             N/A         $57,715
 defective pitot probes installed     = $85.
 on the airplane.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that will be required based on the results of the inspection. We have 
no way of determining the number of airplanes that might need these 
replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace defective pitot probe..............  1 work-hour x $85 per hour = $85...          $6,750          $6,835
----------------------------------------------------------------------------------------------------------------

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 small airplanes, gliders, 
balloons, airships, domestic business jet transport airplanes, and 
associated appliances to the Director of the Policy and Innovation 
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

[[Page 5704]]

    (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):

2018-03-04 Rosemount Aerospace, Inc.: Amendment 39-19177; Docket No. 
FAA-2016-6616; Product Identifier 2016-CE-004-AD.

(a) Effective Date

    This AD is effective March 16, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rosemount Aerospace, Inc. Model 851AK pitot 
probes that were repaired by CSI Aerospace Inc. and have a serial 
number listed in paragraph (c)(1) of this AD that are known to be 
installed on but not limited to the airplanes listed in paragraph 
(c)(2) of this AD. Pitot probes that were repaired by CSI Aerospace 
Inc. that have a repair date of August 1, 2014, or later, are 
excluded from the applicability.
    (1) 24352, 53257, 61568, 68168, 69913, 69953, 71007, 71802, 
71820, 73010, 73406, 75549, 75555, 80489, 80491, 83809, 84200, 
84495, 84911, 84922, 85317, 85731, 87225, 87234, 87235, 87241, 
87272, 87512, 87551, 87909, 88192, 88622, 90538, 91606, 93291, 
93292, 93293, 93305, 93941, 93948, 93960, 94258, 94304, 94559, 
94814, 94819, 95150, 95849, 97405, 98194, 99498, 99509, 100105, 
100111, 100127, 100313, 100741, 101374, 101500, 102037, 102054, 
102309, 102502, 104604, 106134, 106139, 106381, 106905, 107251, 
107405, 107406, 107450, 107887, 108174, 108302, 108858, 108859, 
108967, 108970, 109119, 109122, 109124, 109128, 109383, 109393, 
109394, 109467, 109474, 109488, 109521, 109524, 109537, 109577, 
109795, 109798, 109799, 109808, 109810, 109946, 109954, 109958, 
109962, 109996, 110323, 110324, 110327, 110338, 110611, 110626, 
110880, 110895, 110956, 111061, 111066, 111315, 111320, 111432, 
111561, 111571, 111578, 111802, 111807, 112229, 112280, 112343, 
112497, 112646, 112657, 112677, 112779, 112781, 112783, 112979, 
112993, 113025, 113026, 113129, 113151, 113382, 113721, 113758, 
113837, 113838, 113843, 113845, 113920, 113934, 114130, 114147, 
114152, 114157, 114223, 114239, 114376, 114572, 114813, 114869, 
114872, 114959, 114962A, 114966, 115428, 115713, 116046, 116249, 
116253, 116255, 116271, 116424, 116557, 116734, 116792, 116994, 
117022, 117144, 117164, 117310, 117412, 117414, 117426, 117427, 
117428, 117587, 117961, 118111, 118119, 118234, 118331, 118637, 
118639, 118770, 118938, 119115, 119281, 119290, 119414, 119441, 
119496, 119587, 119593, 119694, 119695, 119737, 119852, 120456, 
120461, 120728, 120823, 120825, 120826, 120829, 121040, 121041, 
121110, 121116, 121145, 121172, 121320, 121322, 121524, 121661, 
121834, 121852, 122286, 122662, 122843,122934, 122935, 123286, 
123289, 123330, 123745, 123746, 123753, 123767, 124144, 124385, 
124390, 124396, 124890, 125016, 125021, 125077, 125163, 125174, 
126785, 127449, 127894, 127899, 128302, 128307, 129503, 130371, 
130377, 130688, 131422, 131423, 131752, 132065, 132067, 132297, 
132825, 133103, 133161, 133220, 133291, 133310, 133313, 133394, 
133396, 133512, 133521, 134100, 134102, 134403, 134535, 134537, 
134639, 134675, 134681, 135136, 135234, 135246, 135250, 135554, 
135561, 135568, 135735, 135743, 136075, 136208, 137049, 137398, 
137543, 137544, 137642, 139076, 139081, 139433, 139444, 139691, 
139694, 139759, 139763, 139971, 139976, 140188, 140563, 140565, 
140643, 140649, 140650, 141161, 141356, 141362, 141497, 141501, 
141605, 141607, 142426, 142765, 142774, 142775, 143070, 143405, 
143409, 143411, 143418, 143816, 143818, 143988, 143992, 143999, 
144591, 144814, 144816, 144976, 144977, 146116, 146835, 147421, 
148524, 148765, 148777, 149460, 149464, 149510, 149941, 150196, 
150206, 150211, 150212, 150214, 150542, 150725, 151077, 151086, 
151095, 151493, 152097, 152819, 152922, 152969, 152974, 152981, 
153232, 153233, 153453, 153454, 153625, 153628, 153635, 153641, 
153956, 153962, 153966, 153984, 154007, 154156, 154704, 154721, 
154738, 154741, 155003, 155042, 155045, 155238, 155278, 155517, 
156022, 156025, 156222, 156526, 156529, 156672, 157023, 157137, 
157143, 158393, 158790, 158797, 159033, 159036, 159413, 159440, 
159891, 160000, 160002, 160006, 160456, 160459, 160463, 160466, 
160468, 161137, 161139, 161159, 161177, 161184, 161185, 161363, 
161364, 161366, 162376, 162384, 162674, 162682, 162685, 162688, 
163176, 163178, 163181, 163557, 163559, 163602, 164217, 164279, 
164746, 164750, 164907, 164908, 165135, 165259, 165459, 165805, 
166235, 166324, 166325, 166326, 166331, 166477, 166481, 166608, 
166671, 166673, 166892, 167029, 167030, 167035, 167037, 167182, 
167341, 167556, 167559, 167705, 167707, 167709, 167763, 167764, 
167765, 167766, 167811, 195627, 195628, 195706, 195707, 195710, 
195796, 195833, 195876, 196041, 196042, 196045, 196137, 196234, 
196397, 196400, 196401, 196403, 196498, 196500, 196761, 197097, 
197137, 197140, 197143, 197238, 197657, 197874, 198528, 198687, 
198775, 198780, 198788, 198872, 198878, 199034, 199042, 199187, 
199441, 199613, 199616, 199669, 200293, 200324, 200534, 200535, 
200538, 200556, 200737, 200738, 200739, 200793, 200830, 200834, 
200872, 201576, 201685, 201733, 201892, 201893, 201964, 202053, 
202305, 202306, 202469, 202471, 202472, 202596, 202625, 202633, 
202760, 202381, 202879, 202901, 203010, 203016, 203147, 204629, 
204665, 204714, 204820, 204821, 204822, 205249, 205253, 205329, 
205335, 205526, 205527, 205529, 205700, 205882, 205967, 206273, 
206406, 206436, 206441, 206646, 207019, 207020, 207021, 207364, 
207369, 207683, 207684, 207837, 207849, 207850, 208206, 208381, 
208394, 208396, 208543, 209148, 209698, 209704, 209707, 212176, 
212525, 212697, 212700, 213952, 213953, 214085, 214089, 214144, 
214795, 214803, 215392, 215476, 216214, 216509, 216515, 216951, 
216955, 216957, 217368, 217369, 217382, 217441, 217708, 217805, 
218112, 218610, 218613, 218757, 218761, 218958, 218965, 218967, 
218970, 218976, 219226, 219228, 219233, 219236, 219411, 219418, 
219832, 219840, 219842, 219915, 220990, 220991, 221197, 221286, 
221635, 224540, 224700, 224701, 224704, 224707, 224876, 225257, 
225262, 225586, 225907, 225910, 225974, 226133, 226136, 226465, 
226466, 226467, 227159, 227174, 227836, 227837, 229277, 230190, 
230191, 230192, 230193, 231082, 232015, 232681, 232684, 234534, 
235621, 235628, 238097, 238179, 239755, 239760, 239956, 239964, 
242109, 242998, 243347, 243350, 243351, 245230, 246442, 246792, 
246851, 247007, 247302, 250747, 253132, 256326, 256327, 258614, 
258861, 258865, 260508, 262743, 262744, 263643, 263644, 263645, 
263651, 263700, 264117, 264119, 264122, 264123, 264125, 264193, 
264738, 265208, 265210, 265655, 265656, 265657, 265658, 268055, 
268562, 268564, 268565, 268566, 272372, 272592, 273833, 273835, 
275276, 275658, 275663, 277554, 280433, 280435, 296902, 298059, and 
298843.
    (2) DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-15, DC-9-15F, DC-9-
21, DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-32F (C-9A, C-
9B), DC-9-33F, DC-9-34, DC-9-34F, DC-9-41, DC-9-51, DC-9-81 (MD-81), 
DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), MD-88, MD-90-30, 
and 717-200.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 3414, Airspeed/Mach Indicator.

(e) Unsafe Condition

    This AD was prompted by a report that the pitot probes are 
indicating the wrong airspeed during flight. We are issuing this AD 
to prevent incorrect airspeed indications during flight, which could 
lead to loss of control. Due to design redundancy, this is only 
applicable if more than one deficient probe is installed.

(f) Compliance

    Comply with this AD within the compliance times specified. If 
the actions required in paragraphs (g) and (h)(1) of this AD have 
already been done before March 16,

[[Page 5705]]

2018 (the effective date of this AD), then only paragraph (h)(2) of 
this AD applies.

(g) Determine Number of Affected Pitot Probes Installed

    Within 30 days after March 16, 2018 (the effective date of this 
AD), inspect the airplane to determine the number of pitot probes 
identified in paragraph (c)(1) of this AD that are installed on the 
airplane. This inspection can be performed through a review of 
maintenance records in lieu of a physical inspection of the product 
if the serial number and repair date can be positively identified 
from the review. If the serial number cannot be positively 
identified from a review of the aircraft's maintenance records or 
from the outside of the airplane, this may require the pitot probe 
to be removed from the fuselage to view the serial number at the 
inner base of the probe. If it is determined that no more than one 
pitot probe identified in paragraph (c)(1) of this AD is installed 
on the airplane, no further action is required except for the 
ongoing requirement in paragraph (h)(2) of this AD.

(h) Replace Affected Pitot Probes

    (1) If it is determined that more than one pitot probe 
identified in paragraph (c)(1) of this AD is installed on the 
airplane during the inspection required in paragraph (g) of this AD, 
within the next 2 months after March 16, 2018 (the effective date of 
this AD), do one of the following so that no more than one pitot 
probe identified in paragraph (c)(1) of this AD is installed on any 
aircraft simultaneously.
    (i) Replace the pitot probes that are listed with pitot probes 
that do not have a serial number listed in paragraph (c)(1) of this 
AD; or
    (ii) Replace the pitot probes that are listed with one that has 
been properly repaired, and if repaired by CSI, has a repair date of 
August 1, 2014, or later. This can be done by having the existing 
pitot probe repaired by CSI Aerospace, Inc.
    (2) As of March 16, 2018 (the effective date of this AD), do not 
install on any airplane a pitot probe having a serial number listed 
in paragraph (c)(1) of this AD, unless it has been properly 
repaired, and if repaired by CSI Aerospace, Inc., has a repair date 
of August 1, 2014, or later.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Fort Worth 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 ACO Branch, send it to the attention of the 
person identified in paragraph (j) of this AD.
    (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.

(i) Related Information

    For more information about this AD, contact Jonathan Kim, 
Aerospace Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood 
Parkway, Fort Worth, Texas 76177-1524; telephone: (817) 222-5131; 
fax: (817) 222-5245; email: [email protected].

    Issued in Kansas City, Missouri, on February 2, 2018.
Melvin J. Johnson,
Deputy Director, Policy & Innovation Division, Aircraft Certification 
Service.
[FR Doc. 2018-02550 Filed 2-8-18; 8:45 am]
 BILLING CODE 4910-13-P