Airworthiness Directives; The Boeing Company Airplanes, 49017-49020 [2018-20920]
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Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules
The revision and addition read as
follows:
§ 120.712 How does an Intermediary get a
grant to assist Microloan borrowers?
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(b) * * *
(1) Up to 50 percent of the grant funds
may be used to provide information and
technical assistance to prospective
Microloan borrowers; provided,
however, that no more than 5 percent of
the grant funds may be used to market
or advertise the products and services of
the Microloan Intermediary directly
related to the Microloan Program; and
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§ 120.840
[Amended]
17. Amend § 120.840 by removing the
term ‘‘D/FA’’ from the second sentence
of paragraph (b) and adding in its place
the phrase ‘‘appropriate SBA official in
accordance with Delegations of
Authority’’.
■
PART 121—SMALL BUSINESS SIZE
REGULATIONS
18. The authority citation for Part 121
continues to read as follows:
■
Authority: 15 U.S.C. 632, 634(b)(6), 662,
and 649a(9).
19. Amend § 121.301 by:
a. Revising paragraph (f)(4);
b. Redesignating paragraphs (f)(5),
(f)(6), and (f)(7) as paragraphs (f)(7),
(f)(8), and (f)(9) respectively;
■ c. Adding new paragraphs (f)(5) and
(f)(6) and revising the redesignated
(f)(7).
The revisions and additions read as
follows:
■
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■
§ 121.301 What size standards and
affiliation principles are applicable to
financial assistance programs?
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(f) * * *
(4) Affiliation based on identity of
interest. (i) Affiliation may arise among
two or more individuals or firms with
an identity of interest. Individuals or
firms that have identical or substantially
identical business or economic interests
(such as close relatives, individuals or
firms with common investments, or
firms that are economically dependent
through contractual or other
relationships) may be treated as one
party with such interests aggregated.
Where SBA determines that such
interests should be aggregated, an
individual or firm may rebut that
determination with evidence showing
that the interests deemed to be one are
in fact separate.
(ii) Affiliation arises when there is an
identity of interest between close
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relatives, as defined in § 120.10 of this
chapter, with identical or substantially
identical business or economic interests
(such as where the close relatives
operate concerns in the same or similar
industry in the same geographic area).
(iii) Affiliation arises through
common investments where the same
individuals or firms together own a
substantial portion of multiple
concerns, and concerns owned by such
investors conduct business with each
other (such as subcontracts or joint
ventures), or share resources,
equipment, locations or employees with
one another, or provide loan guaranties
or other financial or managerial support
to each other.
(iv) SBA will find affiliation based
upon economic dependence if the
concern in question derived more than
85% of its receipts from another
concern over the previous three fiscal
years, unless the concern has been in
business for a short amount of time and
has a plan to lessen its dependence on
the other concern.
(5) Affiliation based on the newly
organized concern rule. Affiliation may
arise where current or former officers,
directors, principal stockholders,
managing members, or key employees of
one concern organize a new concern in
the same or related industry or field of
operation, and serve as the new
concern’s officers, directors, principal
stockholders, managing members, or key
employees, and the original concern is
furnishing or will furnish the new
concern with contracts, financial or
technical assistance, indemnification on
bid or performance bonds, and/or other
facilities, whether for a fee or otherwise.
A concern may rebut such an affiliation
determination by demonstrating a clear
line of fracture between the two
concerns. For the purpose of this rule,
a ‘‘key employee’’ is an employee who,
because of his/her position in the
concern, has a critical influence in or
substantive control over the operations
or management of the concern. A
concern will be considered ‘‘new’’ for
the purpose of this rule if it has been
actively operating continuously for two
years or less.
(6) Affiliation based on totality of the
circumstances. In determining whether
affiliation exists, SBA will consider the
totality of the circumstances, and may
find affiliation even though no single
factor is sufficient to constitute
affiliation.
(7) Affiliation based on franchise
agreements. (i) The restraints imposed
on a franchisee by its franchise
agreement generally will not be
considered in determining whether the
franchisor is affiliated with an applicant
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49017
franchisee provided the applicant
franchisee has the right to profit from its
efforts and bears the risk of loss
commensurate with ownership. SBA
will only consider the franchise
agreements of the applicant concern.
SBA will maintain a centralized list of
franchise and other similar agreements
that are eligible for SBA financial
assistance, which will identify any
additional documentation necessary to
resolve any eligibility or affiliation
issues between the franchisor and the
small business applicant.
(ii) For purposes of this section,
‘‘franchise’’ means any continuing
commercial relationship or
arrangement, whatever it may be called,
that meets the Federal Trade
Commission definition of ‘‘franchise’’ in
16 CFR 436.
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■ 20. Amend § 121.302 by revising
paragraphs (a) and (b) to read as follows:
§ 121.302 When does SBA determine the
size status of an applicant?
(a) The size status of an applicant for
SBA financial assistance is determined
as of the date the application for
financial assistance is accepted for
processing by SBA, except for
applications under the Preferred
Lenders Program (PLP), the SBA
Express Loan Program (SBA Express),
the Export Express Loan Program
(Export Express), the Disaster Loan
Program, the SBIC Program, and the
New Markets Venture Capital (NMVC)
Program.
(b) For PLP, SBA Express, and Export
Express, size is determined as of the
date of approval of the loan by the
Lender.
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Dated: September 18, 2018.
Linda E. McMahon,
Administrator.
[FR Doc. 2018–20869 Filed 9–27–18; 8:45 am]
BILLING CODE 8025–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0803; Product
Identifier 2018–NM–098–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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49018
Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules
Notice of proposed rulemaking
(NPRM).
ACTION:
We propose to adopt a new
airworthiness directive (AD) for all The
Boeing Company Model 727 airplanes.
This proposed AD was prompted by a
report of cracking in the inboard lower
flange and adjacent web near the
forward attachment of the outboard flap
track at a certain position on a Model
737–300 airplane. The flap tracks of
Model 737–300 airplanes are similar to
the flap tracks of Model 727 airplanes.
This proposed AD would require
repetitive detailed inspections and
surface high frequency eddy current
(HFEC) inspections of each outboard
flap track at certain positions for any
crack and discrepancy, and applicable
on-condition actions. We are proposing
this AD to address the unsafe condition
on these products.
DATES: We must receive comments on
this proposed AD by November 13,
2018.
SUMMARY:
You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster
Blvd., MC 110–SK57, Seal Beach, CA
90740–5600; telephone 562–797–1717;
internet https://
www.myboeingfleet.com. You may view
this referenced service information at
the FAA, Transport 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–2018–0803.
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ADDRESSES:
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–
0803; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
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through Friday, except Federal holidays.
The AD docket contains this NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations
(phone: 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Muoi Vuong, Aerospace Engineer,
Airframe Section, FAA, Los Angeles
ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5205; fax: 562–627–
5210; email: muoi.vuong@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2018–0803; Product Identifier 2018–
NM–098–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this NPRM. We will consider
all comments received by the closing
date and may amend this NPRM
because of those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
We have received a report indicating
cracking in the inboard lower flange and
adjacent web near the forward
attachment of the outboard flap track at
position 8, which was found during a
tear down of a Model 737–300 airplane.
The flap tracks of Model 737–300
airplanes are similar to the flap tracks of
Model 727 airplanes. This condition, if
not addressed, could result in the
inability of a principal structural
element to sustain required flight load,
which could result in loss of the
outboard trailing edge flap and reduced
controllability of the airplane.
Related Rulemaking
We have issued AD 2018–18–13,
Amendment 39–19392 (83 FR 46380,
September 13, 2018) (‘‘AD 2018–18–
13’’), for The Boeing Company Model
737–100, –200, –200C, –300, –400, –500
series airplanes. AD 2018–18–13
requires an inspection to determine the
part number of the wing outboard flap
track assembly; repetitive inspections of
each affected wing outboard flap track
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for discrepancies, and applicable oncondition actions; and repetitive
overhaul of each wing outboard flap
track. AD 2018–18–13 addresses
cracking of the rear spar attachment,
and cracking of the wing outboard flap
tracks. Cracking in the area between the
forward and rear spar attachments of the
wing outboard flap tracks could lead to
the inability of a principal structural
element to sustain required flight load,
and result in loss of the outboard
trailing edge flap and consequent
reduced controllability of the airplane.
Related Service Information Under 1
CFR Part 51
We reviewed Boeing Alert
Requirements Bulletin 727–57A0188
RB, dated May 31, 2018. The service
information describes procedures for
repetitive detailed inspections for
discrepancies and surface HFEC
inspections for cracks of each outboard
flap track at positions 1, 2, 7, and 8, and
applicable on-condition actions. Oncondition actions include repairs and
installation of a new or serviceable flap
track. 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.
FAA’s Determination
We are proposing this AD because we
evaluated all the relevant information
and determined the unsafe condition
described previously is likely to exist or
develop in other products of the same
type design.
Proposed AD Requirements
This proposed AD would require
accomplishment of the actions
identified in Boeing Alert Requirements
Bulletin 727–57A0188 RB, dated May
31, 2018, described previously, except
for any differences identified as
exceptions in the regulatory text of this
proposed AD.
For information on the procedures
and compliance times, see this service
information at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0803.
Explanation of Requirements Bulletin
The FAA worked in conjunction with
industry, under the Airworthiness
Directives Implementation Aviation
Rulemaking Committee (AD ARC), to
enhance the AD system. One
enhancement is a process for annotating
which steps in the service information
are ‘‘required for compliance’’ (RC) with
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Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules
a new process in which the service
information more clearly identifies the
actions needed to address the unsafe
condition in the ‘‘Accomplishment
Instructions.’’ The new process results
in a Boeing Requirements Bulletin,
which contains only the actions needed
an AD. Boeing has implemented this RC
concept into Boeing service bulletins.
In an effort to further improve the
quality of ADs and AD-related Boeing
service information, a joint process
improvement initiative was worked
between the FAA and Boeing. The
initiative resulted in the development of
49019
to address the unsafe condition (i.e.,
only the RC actions).
Costs of Compliance
We estimate that this proposed AD
affects 16 airplanes of U.S. registry. We
estimate the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Inspections .............
113 work-hours × $85 per hour = $9,605 per inspection cycle.
We have received no definitive data
that would enable us to provide cost
estimates for the on-condition actions
specified in this proposed AD.
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Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701:
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
This proposed AD is issued in
accordance with authority delegated by
the Executive Director, Aircraft
Certification Service, as authorized by
FAA Order 8000.51C. In accordance
with that order, issuance of ADs is
normally a function of the Compliance
and Airworthiness Division, but during
this transition period, the Executive
Director has delegated the authority to
issue ADs applicable to transport
category airplanes and associated
appliances to the Director of the System
Oversight Division.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
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Jkt 244001
Parts cost
$0
Cost per product
Cost on U.S. operators
$9,605 per inspection
cycle.
$153,680 per inspection
cycle.
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
the 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.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
The Boeing Company: Docket No. FAA–
2018–0803; Product Identifier 2018–
NM–098–AD.
(a) Comments Due Date
We must receive comments by November
13, 2018.
(b) Affected ADs
None.
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Fmt 4702
Sfmt 4702
(c) Applicability
This AD applies to all The Boeing
Company Model 727, 727–100, 727–100C,
727–200, 727–200F, and 727C series
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by a report of
cracking in the inboard lower flange and
adjacent web near the forward attachment of
the outboard flap track at position 8 on a
Model 737–300 airplane. The flap tracks of
Model 737–300 airplanes are similar to the
flap tracks of Model 727 airplanes. We are
issuing this AD to address the inability of a
principal structural element to sustain
required flight load, which could result in
loss of the outboard trailing edge flap and
reduced controllability of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Except as required by paragraph (h) of this
AD: At the applicable times specified in the
‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin 727–57A0188 RB,
dated May 31, 2018, do all applicable actions
identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert
Requirements Bulletin 727–57A0188 RB,
dated May 31, 2018.
Note 1 to paragraph (g) of this AD:
Guidance for accomplishing the actions
required by this AD can be found in Boeing
Alert Service Bulletin 727–57A0188, dated
May 31, 2018, which is referred to in Boeing
Alert Requirements Bulletin 727–57A0188
RB, dated May 31, 2018.
(h) Exceptions to Service Information
Specifications
(1) For purposes of determining
compliance with the requirements of this AD:
Where Boeing Alert Requirements Bulletin
727–57A0188 RB, dated May 31, 2018, uses
the phrase ‘‘the original issue date of
Requirements Bulletin 727–57A0188 RB,’’
this AD requires using ‘‘the effective date of
this AD.’’
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Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules
(2) Where Boeing Requirements Bulletin
727–57A0188 RB, dated May 31, 2018,
specifies contacting Boeing for repair
instructions, this AD requires repair before
further flight using a method approved in
accordance with the procedures specified in
paragraph (j) of this AD.
Issued in Des Moines, Washington, on
September 14, 2018.
John P. Piccola,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–20920 Filed 9–27–18; 8:45 am]
BILLING CODE 4910–13–P
(i) Parts Installation Limitation
As of the effective date of this AD, no
person may install, on any airplane, a wing
outboard flap track having a part number
listed in paragraph 1.B. of Boeing Alert
Requirements Bulletin 727–57A0188 RB,
dated May 31, 2018, unless the inspections
and applicable on-condition actions specified
in the Accomplishment Instructions of
Boeing Alert Requirements Bulletin 727–
57A0188 RB, dated May 31, 2018, are
accomplished concurrently with the
installation of the part on the airplane.
(j) Alternative Methods of Compliance
(AMOCs)
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0802; Product
Identifier 2018–NM–082–AD]
RIN 2120–AA64
Airworthiness Directives; Fokker
Services B.V. Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
(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)(1) of
this AD. Information may be emailed to: 9ANM-LAACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by the Boeing
Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Los Angeles
ACO Branch, FAA, 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.
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DEPARTMENT OF TRANSPORTATION
We propose to adopt a new
airworthiness directive (AD) for all
Fokker Services B.V. Model F28 Mark
0070 and 0100 airplanes. This proposed
AD was prompted by reports of
electrical arcing between the auxiliary
power unit (APU) starter motor positive
terminal and the APU fuel drain line.
This proposed AD would require the
removal of certain clamps and
replacement of the flexible APU fuel
drain line. We are proposing this AD to
address the unsafe condition on these
products.
SUMMARY:
We must receive comments on
this proposed AD by November 13,
2018.
DATES:
You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
(k) Related Information
• Fax: 202–493–2251.
(1) For more information about this AD,
• Mail: U.S. Department of
contact Muoi Vuong, Aerospace Engineer,
Transportation,
Docket Operations, M–
Airframe Section, FAA, Los Angeles ACO
30, West Building Ground Floor, Room
Branch, 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; phone: 562–627– W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
5205; fax: 562–627–5210; email:
• Hand Delivery: Deliver to Mail
muoi.vuong@faa.gov.
(2) For service information identified in
address above between 9 a.m. and 5
this AD, contact Boeing Commercial
p.m., Monday through Friday, except
Airplanes, Attention: Contractual & Data
Federal holidays.
Services (C&DS), 2600 Westminster Blvd.,
For service information identified in
MC 110–SK57, Seal Beach, CA 90740–5600;
this NPRM, contact Fokker Services
telephone 562–797–1717; internet https://
B.V., Technical Services Dept., P.O. Box
www.myboeingfleet.com. You may view this
1357, 2130 EL Hoofddorp, the
referenced service information at the FAA,
Netherlands; telephone +31 (0)88–6280–
Transport Standards Branch, 2200 South
350; fax +31 (0)88–6280–111; email
216th St., Des Moines, WA. For information
technicalservices@fokker.com; internet
on the availability of this material at the
FAA, call 206–231–3195.
https://www.myfokkerfleet.com. You may
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ADDRESSES:
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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.
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–
0802; 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 NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations
(phone: 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3226.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2018–0802; Product Identifier 2018–
NM–082–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this NPRM. We will consider
all comments received by the closing
date and may amend this NPRM
because of those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this NPRM.
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA Airworthiness
Directive 2017–0008, dated January 16,
2017 (referred to after this as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for all Fokker
Services B.V. Model F28 Mark 0070 and
0100 airplanes. The MCAI states:
Reports were received of electrical arcing
between the auxiliary power unit (APU)
starter motor positive terminal and the APU
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]]>Agencies
[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Proposed Rules]
[Pages 49017-49020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20920]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0803; Product Identifier 2018-NM-098-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
[[Page 49018]]
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
The Boeing Company Model 727 airplanes. This proposed AD was prompted
by a report of cracking in the inboard lower flange and adjacent web
near the forward attachment of the outboard flap track at a certain
position on a Model 737-300 airplane. The flap tracks of Model 737-300
airplanes are similar to the flap tracks of Model 727 airplanes. This
proposed AD would require repetitive detailed inspections and surface
high frequency eddy current (HFEC) inspections of each outboard flap
track at certain positions for any crack and discrepancy, and
applicable on-condition actions. We are proposing this AD to address
the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by November 13,
2018.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone 562-797-1717; internet https://www.myboeingfleet.com. You may
view this referenced service information at the FAA, Transport
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-2018-0803.
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-
0803; 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 NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Muoi Vuong, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5205; fax: 562-627-
5210; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0803;
Product Identifier 2018-NM-098-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We have received a report indicating cracking in the inboard lower
flange and adjacent web near the forward attachment of the outboard
flap track at position 8, which was found during a tear down of a Model
737-300 airplane. The flap tracks of Model 737-300 airplanes are
similar to the flap tracks of Model 727 airplanes. This condition, if
not addressed, could result in the inability of a principal structural
element to sustain required flight load, which could result in loss of
the outboard trailing edge flap and reduced controllability of the
airplane.
Related Rulemaking
We have issued AD 2018-18-13, Amendment 39-19392 (83 FR 46380,
September 13, 2018) (``AD 2018-18-13''), for The Boeing Company Model
737-100, -200, -200C, -300, -400, -500 series airplanes. AD 2018-18-13
requires an inspection to determine the part number of the wing
outboard flap track assembly; repetitive inspections of each affected
wing outboard flap track for discrepancies, and applicable on-condition
actions; and repetitive overhaul of each wing outboard flap track. AD
2018-18-13 addresses cracking of the rear spar attachment, and cracking
of the wing outboard flap tracks. Cracking in the area between the
forward and rear spar attachments of the wing outboard flap tracks
could lead to the inability of a principal structural element to
sustain required flight load, and result in loss of the outboard
trailing edge flap and consequent reduced controllability of the
airplane.
Related Service Information Under 1 CFR Part 51
We reviewed Boeing Alert Requirements Bulletin 727-57A0188 RB,
dated May 31, 2018. The service information describes procedures for
repetitive detailed inspections for discrepancies and surface HFEC
inspections for cracks of each outboard flap track at positions 1, 2,
7, and 8, and applicable on-condition actions. On-condition actions
include repairs and installation of a new or serviceable flap track.
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.
FAA's Determination
We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishment of the actions
identified in Boeing Alert Requirements Bulletin 727-57A0188 RB, dated
May 31, 2018, described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2018-0803.
Explanation of Requirements Bulletin
The FAA worked in conjunction with industry, under the
Airworthiness Directives Implementation Aviation Rulemaking Committee
(AD ARC), to enhance the AD system. One enhancement is a process for
annotating which steps in the service information are ``required for
compliance'' (RC) with
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an AD. Boeing has implemented this RC concept into Boeing service
bulletins.
In an effort to further improve the quality of ADs and AD-related
Boeing service information, a joint process improvement initiative was
worked between the FAA and Boeing. The initiative resulted in the
development of a new process in which the service information more
clearly identifies the actions needed to address the unsafe condition
in the ``Accomplishment Instructions.'' The new process results in a
Boeing Requirements Bulletin, which contains only the actions needed to
address the unsafe condition (i.e., only the RC actions).
Costs of Compliance
We estimate that this proposed AD affects 16 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
Estimated Costs for Required Actions
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Inspections................... 113 work-hours x $85 $0 $9,605 per $153,680 per
per hour = $9,605 inspection cycle. inspection cycle.
per inspection
cycle.
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We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under the 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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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):
The Boeing Company: Docket No. FAA-2018-0803; Product Identifier
2018-NM-098-AD.
(a) Comments Due Date
We must receive comments by November 13, 2018.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 727, 727-100,
727-100C, 727-200, 727-200F, and 727C series airplanes, certificated
in any category.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by a report of cracking in the inboard
lower flange and adjacent web near the forward attachment of the
outboard flap track at position 8 on a Model 737-300 airplane. The
flap tracks of Model 737-300 airplanes are similar to the flap
tracks of Model 727 airplanes. We are issuing this AD to address the
inability of a principal structural element to sustain required
flight load, which could result in loss of the outboard trailing
edge flap and reduced controllability of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as required by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 727-57A0188 RB, dated May 31, 2018, do
all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
727-57A0188 RB, dated May 31, 2018.
Note 1 to paragraph (g) of this AD: Guidance for accomplishing
the actions required by this AD can be found in Boeing Alert Service
Bulletin 727-57A0188, dated May 31, 2018, which is referred to in
Boeing Alert Requirements Bulletin 727-57A0188 RB, dated May 31,
2018.
(h) Exceptions to Service Information Specifications
(1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Alert Requirements Bulletin 727-57A0188 RB,
dated May 31, 2018, uses the phrase ``the original issue date of
Requirements Bulletin 727-57A0188 RB,'' this AD requires using ``the
effective date of this AD.''
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(2) Where Boeing Requirements Bulletin 727-57A0188 RB, dated May
31, 2018, specifies contacting Boeing for repair instructions, this
AD requires repair before further flight using a method approved in
accordance with the procedures specified in paragraph (j) of this
AD.
(i) Parts Installation Limitation
As of the effective date of this AD, no person may install, on
any airplane, a wing outboard flap track having a part number listed
in paragraph 1.B. of Boeing Alert Requirements Bulletin 727-57A0188
RB, dated May 31, 2018, unless the inspections and applicable on-
condition actions specified in the Accomplishment Instructions of
Boeing Alert Requirements Bulletin 727-57A0188 RB, dated May 31,
2018, are accomplished concurrently with the installation of the
part on the airplane.
(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)(1) 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, FAA, 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.
(k) Related Information
(1) For more information about this AD, contact Muoi Vuong,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5205; fax: 562-627-5210; email: [email protected].
(2) 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. You may view this referenced 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.
Issued in Des Moines, Washington, on September 14, 2018.
John P. Piccola,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-20920 Filed 9-27-18; 8:45 am]
BILLING CODE 4910-13-P
