Airworthiness Directives; the Boeing Company Airplanes, 38247-38250 [2018-16320]

Download as PDF 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: http:// 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: VerDate Sep<11>2014 16:05 Aug 03, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 information on the availability of this material at the FAA, call 206–231–3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2017– 0805. Examining the AD Docket You may examine the AD docket on the internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2017– 0805; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800–647–5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Eric Igama, Aerospace Engineer, Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627–5388; fax: 562–627– 5210; email: 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. E:\FR\FM\06AUR1.SGM 06AUR1 38248 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 sradovich on DSK3GMQ082PROD with RULES 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. VerDate Sep<11>2014 16:05 Aug 03, 2018 Jkt 244001 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 Frm 00004 Fmt 4700 Sfmt 4700 $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 E:\FR\FM\06AUR1.SGM 06AUR1 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 sradovich on DSK3GMQ082PROD with RULES PART 39—AIRWORTHINESS DIRECTIVES Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. VerDate Sep<11>2014 16:05 Aug 03, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 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; E:\FR\FM\06AUR1.SGM 06AUR1 38250 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: http:// 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 http://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 http:// 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: sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:05 Aug 03, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0805; Product Identifier 2017-NM-051-AD; Amendment 
39-19235; AD 2018-07-04]
RIN 2120-AA64


Airworthiness Directives; the Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), 
and DC-9-87 (MD-87) airplanes, Model MD-88 airplanes, and Model MD-90-
30 airplanes. This AD was prompted by a report of loss of airspeed 
indication due to icing. This AD requires modifying the air data heat 
(ADH) system. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective September 10, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 10, 
2018.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this service information at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. 
For information on the availability of this material at the FAA, call 
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0805.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0805; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this final rule, the regulatory evaluation, any comments 
received, and other information. The address for the Docket Office 
(phone: 800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Eric Igama, Aerospace Engineer, 
Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960 
Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5388; fax: 
562-627-5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all The Boeing Company 
Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 
(MD-87) airplanes, Model MD-88 airplanes, and Model MD-90-30 airplanes. 
The NPRM published in the Federal Register on August 25, 2017 (82 FR 
40505). The NPRM was prompted by a report of loss of airspeed 
indication due to icing. The NPRM proposed to require modifying the ADH 
system. We are issuing this AD to prevent operation of unheated air 
data sensors in icing conditions. Failure to activate the ADH system in 
icing conditions could result in irregular airspeed or altitude 
indications, which could possibly result in a runway overrun during a 
high speed rejected takeoff (RTO) due to failure to rotate before the 
end of the runway, or a stall/overspeed during flight.

Comments

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

[[Page 38248]]

Support for the NPRM

    Boeing and the Air Line Pilots Association, International (ALPA) 
expressed support for the NPRM.

Request To Allow the Use of Alternative Ground Terminal Locations

    Delta Airlines (DAL) requested that we revise the proposed AD to 
allow alternative ground terminal locations for certain wires. DAL 
noted that, during prototype testing, it was unable to relocate ground 
wire 2EB292B20N or ground wire 1EB292B20N to certain ground termination 
points because those points were already full of existing wires. DAL 
noted that Boeing Alert Service Bulletin MD90-30A031, dated June 2, 
2017, specifies locating ground wires in specific ground termination 
points, and that action is required for compliance (RC). DAL suggested 
that varied wiring configurations on Model MD-90 airplanes would lead 
it to make multiple requests for alternative methods of compliance 
(AMOCs), which could require additional out-of-service time for the 
affected airplanes. For this reason, DAL requested that we add language 
allowing the use of alternative ground terminal locations as specified 
in standard wiring practices manual (SWPM) chapter 20 and Boeing 
Service Request (SR) concurrence that provide an equivalent level of 
safety.
    We disagree with the commenter's request. If an airplane has a 
different wiring or ground termination configuration than that 
identified in Boeing Alert Service Bulletin MD90-30A031, dated June 2, 
2017, an operator must request an AMOC in accordance with the 
procedures specified in paragraph (j) of this AD. We have not changed 
this AD in this regard.

Request To Extend the Compliance Times

    DAL requested that the compliance times specified in paragraphs 
(g)(1) and (g)(2) of the proposed AD (within 28 months after the 
effective date of this AD and within 27 months after the effective date 
of this AD, respectively) be extended by 6 months. DAL noted that the 
actions required by this AD would have to be done outside of regularly 
scheduled heavy maintenance checks. DAL stated that Boeing is providing 
a lead time of 174 days to procure the needed kits. For these reasons, 
DAL requested that the compliance time be extended by 6 months for both 
Model MD-88 and MD-90 airplanes.
    We disagree with the commenter's request. We confirmed with Boeing 
that the lead time for kit procurement will be 75-90 days, with some 
components already available, not 174 days as suggested by DAL. If an 
operator needs additional time to comply with this AD, they may request 
an AMOC in accordance with the procedures specified in paragraph (j) of 
this AD. We have not changed this AD in this regard.

Changes to Paragraph (i) of This AD

    We have clarified the language of paragraph (i) of this AD. 
Paragraph (i) of the proposed AD would have allowed for the operation 
of the airplane even if the modified ADH system is inoperable, so long 
as the Master Minimum Equipment List (MMEL) and the operator's Minimum 
Equipment List (MEL) have a provision to allow for this inoperability. 
The FAA has revised paragraph (i) of this AD to make it clear that, if 
there is a provision in the operator's MEL that allows for the modified 
ADH system to be inoperable then the operator can operate the airplane 
with an inoperable modified ADH system. We have removed the references 
to the MMEL because it is unnecessary to reference the MMEL, as 
operators are required in 14 CFR part 91 to have an MEL to operate with 
inoperable equipment and a provision cannot be in an MEL without first 
being part of the MMEL. The intent of the provision has not changed.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin MD80-30A132, dated April 
28, 2017; and Boeing Alert Service Bulletin MD90-30A031, dated June 2, 
2017. This service information describes procedures for modifying the 
ADH system so that it activates when the left and right fuel switches 
are in the ON position. These documents are distinct since they apply 
to different airplane models. This service information is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in the 
ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 553 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Modification, MD-80 Group 1, 84         56 work-hours x $85 per           $4,459          $9,219        $774,396
 airplanes.                              hour = $4,760.
Modification, MD-80 Group 2, 11         57 work-hours x $85 per           11,014          15,859         174,449
 airplanes.                              hour = $4,845.
Modification, MD-80 Group 3, 336        57 work-hours x $85 per            8,589          13,434       4,513,824
 airplanes.                              hour = $4,845.
Modification, MD-80 Group 4, 1          56 work-hours x $85 per            4,479           9,239           9,239
 airplane.                               hour = $4,760.
Modification, MD-80 Group 5, 37         57 work-hours x $85 per           11,034          15,879         587,523
 airplanes.                              hour = $4,845.
Modification, MD-90 Group 1, 84         37 work-hours x $85 per            4,395           7,540         633,360
 airplanes.                              hour = $3,145.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for doing the modification on Model MD-80 Group 6 
airplanes.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more

[[Page 38249]]

detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

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

2018-07-04 The Boeing Company: Amendment 39-19235; Docket No. FAA-
2017-0805; Product Identifier 2017-NM-051-AD.

(a) Effective Date

    This AD is effective September 10, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model DC-9-81 (MD-81), 
DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes, 
Model MD-88 airplanes, and Model MD-90-30 airplanes, certificated in 
any category.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and rain 
protection.

(e) Unsafe Condition

    This AD was prompted by a report of loss of airspeed indication 
due to icing. We are issuing this AD to prevent operation of 
unheated air data sensors in icing conditions. Failure to activate 
the air data heat (ADH) system in icing conditions could result in 
irregular airspeed or altitude indications, which could possibly 
result in a runway overrun during a high speed rejected takeoff 
(RTO) due to failure to rotate before the end of the runway, or a 
stall/overspeed during flight.

(f) Compliance

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

(g) Required Actions

    At the applicable time specified in paragraph (g)(1) or (g)(2) 
of this AD: Do all applicable actions identified as ``RC'' (required 
for compliance) in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Service Bulletin MD80-30A132, dated 
April 28, 2017; or Boeing Alert Service Bulletin MD90-30A031, dated 
June 2, 2017; as applicable; except as required by paragraph (h) of 
this AD.
    (1) For Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), 
DC-9-87 (MD-87), and Model MD-88 airplanes: Within 28 months after 
the effective date of this AD.
    (2) For Model MD-90-30 airplanes: Within 27 months after the 
effective date of this AD.

(h) Exception to Certain Service Information Specifications

    Where Boeing Alert Service Bulletin MD80-30A132, dated April 28, 
2017, specifies contacting Boeing, and specifies that action as 
``RC'' (Required for Compliance): This AD requires using a method 
approved in accordance with the procedures specified in paragraph 
(j) of this AD.

(i) Minimum Equipment List (MEL)

    In the event that the ADH system as modified by this AD is 
inoperable, an airplane may be operated as specified in the 
operator's MEL, provided provisions that address the modified ADH 
system are included in the MEL.

(j) Alternative Methods of Compliance (AMOCs)

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

(k) Related Information

    For more information about this AD, contact Eric Igama, 
Aerospace Engineer, Systems and Equipment Section, FAA, Los Angeles 
ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;

[[Page 38250]]

phone: 562-627-5388; fax: 562-627-5210; email: 
[email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin MD80-30A132, dated April 28, 
2017.
    (ii) Boeing Alert Service Bulletin MD90-30A031, dated June 2, 
2017.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on March 20, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-16320 Filed 8-3-18; 8:45 am]
 BILLING CODE 4910-13-P