Airworthiness Directives; the Boeing Company Airplanes, 38247-38250 [2018-16320]
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Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations
(i) Exceptions to Service Information
Specifications
(1) For purposes of determining
compliance with the requirements of this AD:
Where Boeing Alert Requirements Service
Bulletin 737–53A1371 RB, dated January 19,
2018, uses the phrase ‘‘the original issue date
of Requirements Bulletin 737–53A1371 RB,’’
this AD requires using ‘‘the effective date of
this AD.’’
(2) Where Boeing Alert Requirements
Bulletin 737–53A1371 RB, dated January 19,
2018, specifies contacting Boeing, this AD
requires repair using a method approved in
accordance with the procedures specified in
paragraph (j) of this AD.
sradovich on DSK3GMQ082PROD with RULES
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Los Angeles ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (k) of this
AD. Information may be emailed to: 9-ANMLAACO-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 Branch, to make those findings. To be
approved, the repair method, modification
deviation, or alteration deviation must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) You may view this service information
at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Des Moines, Washington, on July
25, 2018.
James Cashdollar,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–16479 Filed 8–3–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0805; Product
Identifier 2017–NM–051–AD; Amendment
39–19235; AD 2018–07–04]
RIN 2120–AA64
Airworthiness Directives; the Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
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information on the availability of this
material at the FAA, call 206–231–3195.
It is also available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2017–
0805.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0805; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this final rule, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (phone: 800–647–5527) is
Docket Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590.
FOR FURTHER INFORMATION CONTACT: Eric
Igama, Aerospace Engineer, Systems
and Equipment Section, FAA, Los
Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5388; fax: 562–627–
5210; email: roderick.igama@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We are adopting a new
airworthiness directive (AD) for all The
Boeing Company Model DC–9–81 (MD–
81), DC–9–82 (MD–82), DC–9–83 (MD–
83), and DC–9–87 (MD–87) airplanes,
Model MD–88 airplanes, and Model
(k) Related Information
MD–90–30 airplanes. This AD was
For more information about this AD,
prompted by a report of loss of airspeed
contact David Truong, Aerospace Engineer,
indication due to icing. This AD
Airframe Section, FAA, Los Angeles ACO
requires modifying the air data heat
Branch, 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; phone: 562–627– (ADH) system. We are issuing this AD
5224; fax: 562–627–5210; email:
to address the unsafe condition on these
david.truong@faa.gov.
products.
(l) Material Incorporated by Reference
DATES: This AD is effective September
10, 2018.
(1) The Director of the Federal Register
approved the incorporation by reference
The Director of the Federal Register
(IBR) of the service information listed in this
approved the incorporation by reference
paragraph under 5 U.S.C. 552(a) and 1 CFR
of certain publications listed in this AD
part 51.
as of September 10, 2018.
(2) You must use this service information
ADDRESSES: For service information
as applicable to do the actions required by
identified in this final rule, contact
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin
Boeing Commercial Airplanes,
737–53A1371 RB, dated January 19, 2018.
Attention: Contractual & Data Services
(ii) Reserved.
(C&DS), 2600 Westminster Blvd., MC
(3) For service information identified in
110–SK57, Seal Beach, CA 90740–5600;
this AD, contact Boeing Commercial
telephone 562–797–1717; internet
Airplanes, Attention: Contractual & Data
https://www.myboeingfleet.com. You
Services (C&DS), 2600 Westminster Blvd.,
may view this service information at the
MC 110–SK57, Seal Beach, CA 90740–5600;
FAA, Transport Standards Branch, 2200
telephone 562–797–1717; internet https://
www.myboeingfleet.com.
South 216th St., Des Moines, WA. For
SUMMARY:
38247
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all The Boeing Company Model
DC–9–81 (MD–81), DC–9–82 (MD–82),
DC–9–83 (MD–83), and DC–9–87 (MD–
87) airplanes, Model MD–88 airplanes,
and Model MD–90–30 airplanes. The
NPRM published in the Federal
Register on August 25, 2017 (82 FR
40505). The NPRM was prompted by a
report of loss of airspeed indication due
to icing. The NPRM proposed to require
modifying the ADH system. We are
issuing this AD to prevent operation of
unheated air data sensors in icing
conditions. Failure to activate the ADH
system in icing conditions could result
in irregular airspeed or altitude
indications, which could possibly result
in a runway overrun during a high
speed rejected takeoff (RTO) due to
failure to rotate before the end of the
runway, or a stall/overspeed during
flight.
Comments
We gave the public the opportunity to
participate in developing this final rule.
The following presents the comments
received on the NPRM and the FAA’s
response to each comment.
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Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations
Support for the NPRM
Boeing and the Air Line Pilots
Association, International (ALPA)
expressed support for the NPRM.
Request To Allow the Use of
Alternative Ground Terminal Locations
Delta Airlines (DAL) requested that
we revise the proposed AD to allow
alternative ground terminal locations for
certain wires. DAL noted that, during
prototype testing, it was unable to
relocate ground wire 2EB292B20N or
ground wire 1EB292B20N to certain
ground termination points because
those points were already full of
existing wires. DAL noted that Boeing
Alert Service Bulletin MD90–30A031,
dated June 2, 2017, specifies locating
ground wires in specific ground
termination points, and that action is
required for compliance (RC). DAL
suggested that varied wiring
configurations on Model MD–90
airplanes would lead it to make
multiple requests for alternative
methods of compliance (AMOCs),
which could require additional out-ofservice time for the affected airplanes.
For this reason, DAL requested that we
add language allowing the use of
alternative ground terminal locations as
specified in standard wiring practices
manual (SWPM) chapter 20 and Boeing
Service Request (SR) concurrence that
provide an equivalent level of safety.
We disagree with the commenter’s
request. If an airplane has a different
wiring or ground termination
configuration than that identified in
Boeing Alert Service Bulletin MD90–
30A031, dated June 2, 2017, an operator
must request an AMOC in accordance
with the procedures specified in
paragraph (j) of this AD. We have not
changed this AD in this regard.
Request To Extend the Compliance
Times
DAL requested that the compliance
times specified in paragraphs (g)(1) and
(g)(2) of the proposed AD (within 28
months after the effective date of this
AD and within 27 months after the
effective date of this AD, respectively)
be extended by 6 months. DAL noted
that the actions required by this AD
would have to be done outside of
regularly scheduled heavy maintenance
checks. DAL stated that Boeing is
providing a lead time of 174 days to
procure the needed kits. For these
reasons, DAL requested that the
compliance time be extended by 6
months for both Model MD–88 and MD–
90 airplanes.
We disagree with the commenter’s
request. We confirmed with Boeing that
the lead time for kit procurement will be
75–90 days, with some components
already available, not 174 days as
suggested by DAL. If an operator needs
additional time to comply with this AD,
they may request an AMOC in
accordance with the procedures
specified in paragraph (j) of this AD. We
have not changed this AD in this regard.
Changes to Paragraph (i) of This AD
We have clarified the language of
paragraph (i) of this AD. Paragraph (i) of
the proposed AD would have allowed
for the operation of the airplane even if
the modified ADH system is inoperable,
so long as the Master Minimum
Equipment List (MMEL) and the
operator’s Minimum Equipment List
(MEL) have a provision to allow for this
inoperability. The FAA has revised
paragraph (i) of this AD to make it clear
that, if there is a provision in the
operator’s MEL that allows for the
modified ADH system to be inoperable
then the operator can operate the
airplane with an inoperable modified
ADH system. We have removed the
references to the MMEL because it is
unnecessary to reference the MMEL, as
operators are required in 14 CFR part 91
to have an MEL to operate with
inoperable equipment and a provision
cannot be in an MEL without first being
part of the MMEL. The intent of the
provision has not changed.
Conclusion
We reviewed the relevant data,
considered the comment received, and
determined that air safety and the
public interest require adopting this
final rule with the change described
previously and minor editorial changes.
We have determined that these minor
changes:
• Are consistent with the intent that
was proposed in the NPRM for
correcting the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
We also determined that the change
will not increase the economic burden
on any operator or increase the scope of
this final rule.
Related Service Information Under
1 CFR Part 51
We reviewed Boeing Alert Service
Bulletin MD80–30A132, dated April 28,
2017; and Boeing Alert Service Bulletin
MD90–30A031, dated June 2, 2017. This
service information describes
procedures for modifying the ADH
system so that it activates when the left
and right fuel switches are in the ON
position. These documents are distinct
since they apply to different airplane
models. This service information is
reasonably available because the
interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES section.
Costs of Compliance
We estimate that this AD affects 553
airplanes of U.S. registry. We estimate
the following costs to comply with this
AD:
ESTIMATED COSTS
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Action
Modification,
Modification,
Modification,
Modification,
Modification,
Modification,
MD–80
MD–80
MD–80
MD–80
MD–80
MD–90
Group
Group
Group
Group
Group
Group
Labor cost
1,
2,
3,
4,
5,
1,
84 airplanes ...
11 airplanes ...
336 airplanes
1 airplane .......
37 airplanes ...
84 airplanes ...
We have received no definitive data
that would enable us to provide cost
estimates for doing the modification on
Model MD–80 Group 6 airplanes.
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56
57
57
56
57
37
work-hours
work-hours
work-hours
work-hours
work-hours
work-hours
×
×
×
×
×
×
$85
$85
$85
$85
$85
$85
per
per
per
per
per
per
hour
hour
hour
hour
hour
hour
Parts cost
=
=
=
=
=
=
$4,760
$4,845
$4,845
$4,760
$4,845
$3,145
........
........
........
........
........
........
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
PO 00000
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$4,459
11,014
8,589
4,479
11,034
4,395
Cost per
product
$9,219
15,859
13,434
9,239
15,879
7,540
Cost on U.S.
operators
$774,396
174,449
4,513,824
9,239
587,523
633,360
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
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Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701:
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
This AD is issued in accordance with
authority delegated by the Executive
Director, Aircraft Certification Service,
as authorized by FAA Order 8000.51C.
In accordance with that order, issuance
of ADs is normally a function of the
Compliance and Airworthiness
Division, but during this transition
period, the Executive Director has
delegated the authority to issue ADs
applicable to transport category
airplanes to the Director of the System
Oversight Division.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation
in Alaska, and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
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):
■
2018–07–04 The Boeing Company:
Amendment 39–19235; Docket No.
FAA–2017–0805; Product Identifier
2017–NM–051–AD.
(a) Effective Date
This AD is effective September 10, 2018.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing
Company Model DC–9–81 (MD–81), DC–9–
82 (MD–82), DC–9–83 (MD–83), and DC–9–
87 (MD–87) airplanes, Model MD–88
airplanes, and Model MD–90–30 airplanes,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 30, Ice and rain protection.
(e) Unsafe Condition
This AD was prompted by a report of loss
of airspeed indication due to icing. We are
issuing this AD to prevent operation of
unheated air data sensors in icing conditions.
Failure to activate the air data heat (ADH)
system in icing conditions could result in
irregular airspeed or altitude indications,
which could possibly result in a runway
overrun during a high speed rejected takeoff
(RTO) due to failure to rotate before the end
of the runway, or a stall/overspeed during
flight.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
Adoption of the Amendment
(g) Required Actions
At the applicable time specified in
paragraph (g)(1) or (g)(2) of this AD: Do all
applicable actions identified as ‘‘RC’’
(required for compliance) in, and in
accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin
MD80–30A132, dated April 28, 2017; or
Boeing Alert Service Bulletin MD90–30A031,
dated June 2, 2017; as applicable; except as
required by paragraph (h) of this AD.
(1) For Model DC–9–81 (MD–81), DC–9–82
(MD–82), DC–9–83 (MD–83), DC–9–87 (MD–
87), and Model MD–88 airplanes: Within 28
months after the effective date of this AD.
(2) For Model MD–90–30 airplanes: Within
27 months after the effective date of this AD.
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
(h) Exception to Certain Service Information
Specifications
Where Boeing Alert Service Bulletin
MD80–30A132, dated April 28, 2017,
List of Subjects in 14 CFR Part 39
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PART 39—AIRWORTHINESS
DIRECTIVES
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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38249
specifies contacting Boeing, and specifies
that action as ‘‘RC’’ (Required for
Compliance): This AD requires using a
method approved in accordance with the
procedures specified in paragraph (j) of this
AD.
(i) Minimum Equipment List (MEL)
In the event that the ADH system as
modified by this AD is inoperable, an
airplane may be operated as specified in the
operator’s MEL, provided provisions that
address the modified ADH system are
included in the MEL.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Los Angeles ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (k) of this
AD. Information may be emailed to: 9-ANMLAACO-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 Branch, to make those findings. To be
approved, the repair method, modification
deviation, or alteration deviation must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) Except as required by paragraph (h) of
this AD: For service information that
contains steps that are labeled as Required
for Compliance (RC), the provisions of
paragraphs (j)(4)(i) and (j)(4)(ii) of this AD
apply.
(i) The steps labeled as RC, including
substeps under an RC step and any figures
identified in an RC step, must be done to
comply with the AD. If a step or substep is
labeled ‘‘RC Exempt,’’ then the RC
requirement is removed from that step or
substep. An AMOC is required for any
deviations to RC steps, including substeps
and identified figures.
(ii) Steps not labeled as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the RC steps,
including substeps and identified figures, can
still be done as specified, and the airplane
can be put back in an airworthy condition.
(k) Related Information
For more information about this AD,
contact Eric Igama, Aerospace Engineer,
Systems and Equipment Section, FAA, Los
Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
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Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations
phone: 562–627–5388; fax: 562–627–5210;
email: roderick.igama@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin MD80–
30A132, dated April 28, 2017.
(ii) Boeing Alert Service Bulletin MD90–
30A031, dated June 2, 2017.
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; internet https://
www.myboeingfleet.com.
(4) You may view this service information
at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
and shim migration at the upper link
drag fittings, diagonal brace cracking,
and fastener looseness; and applicable
on-condition actions. We are issuing
this AD to address the unsafe condition
on these products.
DATES: This AD is effective September
10, 2018.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of September 10, 2018.
ADDRESSES: For service information
identified in this final rule, contact
Boeing Commercial Airplanes,
Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC
110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; internet
https://www.myboeingfleet.com. You
may view this service information at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2018–
0110.
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0110; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
the regulatory evaluation, any
comments received, and other
information. The address for Docket
Operations (phone: 800–647–5527) is
Docket Operations, 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:
Chandra Ramdoss, Aerospace Engineer,
Airframe Section, FAA, Los Angeles
ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5239; fax: 562–627–
5210; email: chandraduth.ramdoss@
faa.gov.
SUPPLEMENTARY INFORMATION:
We are adopting a new
airworthiness directive (AD) for certain
The Boeing Company Model 757
airplanes. This AD was prompted by
reports of bolt rotation in the engine
drag fitting joint and fasteners heads; an
inspection of the fastener holes revealed
that cracks were found in the skin on
two airplanes. This AD requires
repetitive inspections for skin cracking
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
February 16, 2018 (83 FR 6984). The
NPRM was prompted by reports of bolt
rotation in the engine drag fitting joint
Issued in Des Moines, Washington, on
March 20, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–16320 Filed 8–3–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0110; Product
Identifier 2017–NM–125–AD; Amendment
39–19345; AD 2018–16–05]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
AGENCY:
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SUMMARY:
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and fasteners heads; an inspection of the
fastener holes revealed that cracks were
found in the skin on two airplanes. The
NPRM proposed to require repetitive
inspections for skin cracking and shim
migration at the upper link drag fittings,
diagonal brace cracking, and fastener
looseness; and applicable on-condition
actions.
We are issuing this AD to address
cracking in the wing upper skin and
forward drag fittings, which could lead
to a compromised upper link and
reduced structural integrity of the
engine strut.
Comments
We gave the public the opportunity to
participate in developing this final rule.
The following presents the comments
received on the NPRM and the FAA’s
response to each comment. Micaela
Murrugarra and United Airlines stated
that they supported the NPRM.
Effect of Winglets on Accomplishment
of the Proposed Actions
Aviation Partners Boeing stated that
accomplishing the supplemental type
certificate (STC) ST01518SE does not
affect the actions specified in the
NPRM.
We concur with the commenter. We
have redesignated paragraph (c) of the
proposed AD as paragraph (c)(1) of this
AD and added paragraph (c)(2) to this
AD to state that installation of STC
ST01518SE does not affect the ability to
accomplish the actions required by this
AD. Therefore, for airplanes on which
STC ST01518SE is installed, a ‘‘change
in product’’ alternative method of
compliance (AMOC) approval request is
not necessary to comply with the
requirements of 14 CFR 39.17.
Request To Include Additional
Inspections
American Airlines (AAL) and FedEx
requested that we revise the proposed
AD to include additional inspections.
FedEx stated that releasing the proposed
AD using Boeing Alert Requirements
Bulletin 757–57A0073 RB, dated July
14, 2017, would have potential safety
and economic implications on the
operator. FedEx stated that the safety
concern in its entirety is not addressed
in Boeing Alert Requirements Bulletin
757–57A0073 RB, dated July 14, 2017,
and any additional mandated
inspections issued later would require a
duplication of effort to address the
remaining fastener locations. FedEx
requested that the proposed AD include
additional inspections.
AAL stated that due to the ongoing
efforts at Boeing to conduct a safety
analysis on cracking found in the upper
E:\FR\FM\06AUR1.SGM
06AUR1
]]>Agencies
[Federal Register Volume 83, Number 151 (Monday, August 6, 2018)]
[Rules and Regulations]
[Pages 38247-38250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16320]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0805; Product Identifier 2017-NM-051-AD; Amendment
39-19235; AD 2018-07-04]
RIN 2120-AA64
Airworthiness Directives; the Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83),
and DC-9-87 (MD-87) airplanes, Model MD-88 airplanes, and Model MD-90-
30 airplanes. This AD was prompted by a report of loss of airspeed
indication due to icing. This AD requires modifying the air data heat
(ADH) system. We are issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective September 10, 2018.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 10,
2018.
ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0805.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0805; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this final rule, the regulatory evaluation, any comments
received, and other information. The address for the Docket Office
(phone: 800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Eric Igama, Aerospace Engineer,
Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960
Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5388; fax:
562-627-5210; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all The Boeing Company
Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87
(MD-87) airplanes, Model MD-88 airplanes, and Model MD-90-30 airplanes.
The NPRM published in the Federal Register on August 25, 2017 (82 FR
40505). The NPRM was prompted by a report of loss of airspeed
indication due to icing. The NPRM proposed to require modifying the ADH
system. We are issuing this AD to prevent operation of unheated air
data sensors in icing conditions. Failure to activate the ADH system in
icing conditions could result in irregular airspeed or altitude
indications, which could possibly result in a runway overrun during a
high speed rejected takeoff (RTO) due to failure to rotate before the
end of the runway, or a stall/overspeed during flight.
Comments
We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment.
[[Page 38248]]
Support for the NPRM
Boeing and the Air Line Pilots Association, International (ALPA)
expressed support for the NPRM.
Request To Allow the Use of Alternative Ground Terminal Locations
Delta Airlines (DAL) requested that we revise the proposed AD to
allow alternative ground terminal locations for certain wires. DAL
noted that, during prototype testing, it was unable to relocate ground
wire 2EB292B20N or ground wire 1EB292B20N to certain ground termination
points because those points were already full of existing wires. DAL
noted that Boeing Alert Service Bulletin MD90-30A031, dated June 2,
2017, specifies locating ground wires in specific ground termination
points, and that action is required for compliance (RC). DAL suggested
that varied wiring configurations on Model MD-90 airplanes would lead
it to make multiple requests for alternative methods of compliance
(AMOCs), which could require additional out-of-service time for the
affected airplanes. For this reason, DAL requested that we add language
allowing the use of alternative ground terminal locations as specified
in standard wiring practices manual (SWPM) chapter 20 and Boeing
Service Request (SR) concurrence that provide an equivalent level of
safety.
We disagree with the commenter's request. If an airplane has a
different wiring or ground termination configuration than that
identified in Boeing Alert Service Bulletin MD90-30A031, dated June 2,
2017, an operator must request an AMOC in accordance with the
procedures specified in paragraph (j) of this AD. We have not changed
this AD in this regard.
Request To Extend the Compliance Times
DAL requested that the compliance times specified in paragraphs
(g)(1) and (g)(2) of the proposed AD (within 28 months after the
effective date of this AD and within 27 months after the effective date
of this AD, respectively) be extended by 6 months. DAL noted that the
actions required by this AD would have to be done outside of regularly
scheduled heavy maintenance checks. DAL stated that Boeing is providing
a lead time of 174 days to procure the needed kits. For these reasons,
DAL requested that the compliance time be extended by 6 months for both
Model MD-88 and MD-90 airplanes.
We disagree with the commenter's request. We confirmed with Boeing
that the lead time for kit procurement will be 75-90 days, with some
components already available, not 174 days as suggested by DAL. If an
operator needs additional time to comply with this AD, they may request
an AMOC in accordance with the procedures specified in paragraph (j) of
this AD. We have not changed this AD in this regard.
Changes to Paragraph (i) of This AD
We have clarified the language of paragraph (i) of this AD.
Paragraph (i) of the proposed AD would have allowed for the operation
of the airplane even if the modified ADH system is inoperable, so long
as the Master Minimum Equipment List (MMEL) and the operator's Minimum
Equipment List (MEL) have a provision to allow for this inoperability.
The FAA has revised paragraph (i) of this AD to make it clear that, if
there is a provision in the operator's MEL that allows for the modified
ADH system to be inoperable then the operator can operate the airplane
with an inoperable modified ADH system. We have removed the references
to the MMEL because it is unnecessary to reference the MMEL, as
operators are required in 14 CFR part 91 to have an MEL to operate with
inoperable equipment and a provision cannot be in an MEL without first
being part of the MMEL. The intent of the provision has not changed.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this final rule with the change described previously and minor
editorial changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
We also determined that the change will not increase the economic
burden on any operator or increase the scope of this final rule.
Related Service Information Under 1 CFR Part 51
We reviewed Boeing Alert Service Bulletin MD80-30A132, dated April
28, 2017; and Boeing Alert Service Bulletin MD90-30A031, dated June 2,
2017. This service information describes procedures for modifying the
ADH system so that it activates when the left and right fuel switches
are in the ON position. These documents are distinct since they apply
to different airplane models. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.
Costs of Compliance
We estimate that this AD affects 553 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Modification, MD-80 Group 1, 84 56 work-hours x $85 per $4,459 $9,219 $774,396
airplanes. hour = $4,760.
Modification, MD-80 Group 2, 11 57 work-hours x $85 per 11,014 15,859 174,449
airplanes. hour = $4,845.
Modification, MD-80 Group 3, 336 57 work-hours x $85 per 8,589 13,434 4,513,824
airplanes. hour = $4,845.
Modification, MD-80 Group 4, 1 56 work-hours x $85 per 4,479 9,239 9,239
airplane. hour = $4,760.
Modification, MD-80 Group 5, 37 57 work-hours x $85 per 11,034 15,879 587,523
airplanes. hour = $4,845.
Modification, MD-90 Group 1, 84 37 work-hours x $85 per 4,395 7,540 633,360
airplanes. hour = $3,145.
----------------------------------------------------------------------------------------------------------------
We have received no definitive data that would enable us to provide
cost estimates for doing the modification on Model MD-80 Group 6
airplanes.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more
[[Page 38249]]
detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2018-07-04 The Boeing Company: Amendment 39-19235; Docket No. FAA-
2017-0805; Product Identifier 2017-NM-051-AD.
(a) Effective Date
This AD is effective September 10, 2018.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model DC-9-81 (MD-81),
DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes,
Model MD-88 airplanes, and Model MD-90-30 airplanes, certificated in
any category.
(d) Subject
Air Transport Association (ATA) of America Code 30, Ice and rain
protection.
(e) Unsafe Condition
This AD was prompted by a report of loss of airspeed indication
due to icing. We are issuing this AD to prevent operation of
unheated air data sensors in icing conditions. Failure to activate
the air data heat (ADH) system in icing conditions could result in
irregular airspeed or altitude indications, which could possibly
result in a runway overrun during a high speed rejected takeoff
(RTO) due to failure to rotate before the end of the runway, or a
stall/overspeed during flight.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
At the applicable time specified in paragraph (g)(1) or (g)(2)
of this AD: Do all applicable actions identified as ``RC'' (required
for compliance) in, and in accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin MD80-30A132, dated
April 28, 2017; or Boeing Alert Service Bulletin MD90-30A031, dated
June 2, 2017; as applicable; except as required by paragraph (h) of
this AD.
(1) For Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83),
DC-9-87 (MD-87), and Model MD-88 airplanes: Within 28 months after
the effective date of this AD.
(2) For Model MD-90-30 airplanes: Within 27 months after the
effective date of this AD.
(h) Exception to Certain Service Information Specifications
Where Boeing Alert Service Bulletin MD80-30A132, dated April 28,
2017, specifies contacting Boeing, and specifies that action as
``RC'' (Required for Compliance): This AD requires using a method
approved in accordance with the procedures specified in paragraph
(j) of this AD.
(i) Minimum Equipment List (MEL)
In the event that the ADH system as modified by this AD is
inoperable, an airplane may be operated as specified in the
operator's MEL, provided provisions that address the modified ADH
system are included in the MEL.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (k) of this AD. Information may
be emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, to make those findings. To be
approved, the repair method, modification deviation, or alteration
deviation must meet the certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) Except as required by paragraph (h) of this AD: For service
information that contains steps that are labeled as Required for
Compliance (RC), the provisions of paragraphs (j)(4)(i) and
(j)(4)(ii) of this AD apply.
(i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
(ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.
(k) Related Information
For more information about this AD, contact Eric Igama,
Aerospace Engineer, Systems and Equipment Section, FAA, Los Angeles
ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
[[Page 38250]]
phone: 562-627-5388; fax: 562-627-5210; email:
[email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin MD80-30A132, dated April 28,
2017.
(ii) Boeing Alert Service Bulletin MD90-30A031, dated June 2,
2017.
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com.
(4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on March 20, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-16320 Filed 8-3-18; 8:45 am]
BILLING CODE 4910-13-P
