Airworthiness Directives; The Boeing Company Airplanes, 63561-63565 [R1-2018-26365]
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Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Rules and Regulations
more engines, loss of thrust control, and loss
of the airplane.
Federal Aviation Administration
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
14 CFR Part 39
[Docket No. FAA–2018–0960; Product
Identifier 2018–NM–151–AD; Amendment
39–19512; AD 2018–23–51]
(g) Required Actions
(1) Within 60 days after the effective date
of this AD, remove electronic engine control
(EEC) system operation (OPS) software, P/N
2628M86P10 or earlier; and engine health
monitoring (EHM) software, P/N
2628M87P10 or earlier, from the engine and
from service.
(2) Before further flight after the removal of
the EEC OPS and EHM software required by
paragraph (g)(1) of this AD, install EEC OPS
and EHM software that is eligible for
installation.
RIN 2120–AA64
(h) Installation Prohibition
AGENCY:
After 60 days from the effective date of this
AD, do not operate any engine identified in
paragraph (c) of this AD with EEC OPS
software, P/N 2628M86P10 or earlier,
installed; or EHM software, P/N 2628M87P10
or earlier, installed.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, ECO 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 (j) of this AD. You
may email your request to: ANE-AD-AMOC@
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.
(j) Related Information
For more information about this AD,
contact Christopher McGuire, Aerospace
Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone: 781–
238–7120; fax: 781–238–7199; email:
chris.mcguire@faa.gov.
(k) Material Incorporated by Reference
None.
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DEPARTMENT OF TRANSPORTATION
Issued in Burlington, Massachusetts, on
December 3, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards
Branch, Aircraft Certification Service.
[FR Doc. 2018–26611 Filed 12–10–18; 8:45 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
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Jkt 247001
Airworthiness Directives; The Boeing
Company Airplanes
Editorial Note: Rule document 2018–26365
was originally published on pages 62697
through 62700 in the issue of Thursday,
December 6, 2018. In that publication, on
page 62700, in Figure 2 to paragraph (h), the
last sentence in the table was inadvertently
truncated. The corrected document is
published here in its entirety.
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
We are adopting a new
airworthiness directive (AD) for all The
Boeing Company Model 737–8 and –9
airplanes. This emergency AD was sent
previously to all known U.S. owners
and operators of these airplanes. This
AD requires revising certificate
limitations and operating procedures of
the airplane flight manual (AFM) to
provide the flight crew with runaway
horizontal stabilizer trim procedures to
follow under certain conditions. This
AD was prompted by analysis
performed by the manufacturer showing
that if an erroneously high single angle
of attack (AOA) sensor input is received
by the flight control system, there is a
potential for repeated nose-down trim
commands of the horizontal stabilizer.
We are issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective December
21, 2018 to all persons except those
persons to whom it was made
immediately effective by Emergency AD
2018–23–51, issued on November 7,
2018, which contained the requirements
of this amendment.
We must receive comments on this
AD by January 22, 2019.
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.
SUMMARY:
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63561
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
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–
0960; 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 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:
Douglas Tsuji, Senior Aerospace
Engineer, Systems and Equipment
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3548; email:
Douglas.Tsuji@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
On November 7, 2018, we issued
Emergency AD 2018–23–51, which
requires revising certificate limitations
and operating procedures of the AFM to
provide the flight crew with runaway
horizontal stabilizer trim procedures to
follow under certain conditions. This
emergency AD was sent previously to
all known U.S. owners and operators of
these airplanes. This action was
prompted by analysis performed by the
manufacturer showing that if an
erroneously high single AOA sensor
input is received by the flight control
system, there is a potential for repeated
nose-down trim commands of the
horizontal stabilizer. This condition, if
not addressed, could cause the flight
crew to have difficulty controlling the
airplane, and lead to excessive nosedown attitude, significant altitude loss,
and possible impact with terrain.
FAA’s Determination
We are issuing 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.
AD Requirements
This AD requires revising certificate
limitations and operating procedures of
the AFM to provide the flight crew with
runaway horizontal stabilizer trim
procedures to follow under certain
conditions.
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63562
Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Rules and Regulations
significant altitude loss, and possible
impact with terrain. These conditions
still exist and the AD is hereby
published in the Federal Register as an
amendment to section 39.13 of the
Federal Aviation Regulations (14 CFR
39.13) to make it effective to all persons.
Therefore, we find good cause that
notice and opportunity for prior public
comment are impracticable. In addition,
for the reason(s) stated above, we find
that good cause exists for making this
amendment effective in less than 30
days.
Interim Action
We consider this AD interim action. If
final action is later identified, we might
consider further rulemaking then.
FAA’s Determination of the Effective
Date
An unsafe condition exists that
requires the immediate adoption of
Emergency AD 2018–23–51, issued on
November 7, 2018, to all known U.S.
owners and operators of these airplanes.
The FAA found that the risk to the
flying public justified waiving notice
and comment prior to adoption of this
rule because an erroneously high single
AOA sensor input received by the flight
control system can result in a potential
for repeated nose-down trim commands
of the horizontal stabilizer, which could
cause the flight crew to have difficulty
controlling the airplane, and lead to
excessive nose-down attitude,
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety and
was not preceded by notice and an
opportunity for public comment.
However, we invite you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under the ADDRESSES
section. Include the docket number
FAA–2018–0960 and Product Identifier
2018–NM–151–AD at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this final rule. We will
consider all comments received by the
closing date and may amend this final
rule 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 final rule.
Costs of Compliance
We estimate that this AD affects 45
airplanes of U.S. registry. We estimate
the following costs to comply with this
AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per
product
Labor cost
Revising the AFM ...........................................
1 work-hour × $85 per hour = $85 .................
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701:
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
This AD is issued in accordance with
authority delegated by the Executive
Director, Aircraft Certification Service,
as authorized by FAA Order 8000.51C.
In accordance with that order, issuance
of ADs is normally a function of the
Compliance and Airworthiness
Division, but during this transition
period, the Executive Director has
delegated the authority to issue ADs
applicable to transport category
airplanes and associated appliances to
the Director of the System Oversight
Division.
the FAA amends 14 CFR part 39 as
follows:
Regulatory Findings
PART 39—AIRWORTHINESS
DIRECTIVES
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Parts cost
Cost on U.S.
operators
Action
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,
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$3,825
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):
■
2018–23–51 The Boeing Company:
Amendment 39–19512; Docket No.
FAA–2018–0960; Product Identifier
2018–NM–151–AD.
(a) Effective Date
This AD is effective December 21, 2018 to
all persons except those persons to whom it
was made immediately effective by
Emergency AD 2018–23–51, issued on
November 7, 2018, which contained the
requirements of this amendment.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing
Company Model 737–8 and –9 airplanes,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 27, Flight controls.
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Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Rules and Regulations
(e) Unsafe Condition
This AD was prompted by analysis
performed by the manufacturer showing that
if an erroneously high single angle of attack
(AOA) sensor input is received by the flight
control system, there is a potential for
repeated nose-down trim commands of the
horizontal stabilizer. We are issuing this AD
to address this potential resulting nose-down
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Revision of Airplane Flight Manual
(AFM): Certificate Limitations
Within 3 days after the effective date of
this AD, revise the Certificate Limitations
chapter of the applicable AFM to include the
information in figure 1 to paragraph (g) of
this AD.
BILLING CODE 1301–00–D
chapter of the applicable AFM to include the
information in figure 2 to paragraph (h) of
this AD.
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ER11DE18.004
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(h) AFM Revision: Operating Procedures
Within 3 days after the effective date of
this AD, revise the Operating Procedures
trim, which could cause the flight crew to
have difficulty controlling the airplane, and
lead to excessive nose-down attitude,
significant altitude loss, and possible impact
with terrain.
63563
Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Rules and Regulations
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(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle 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 (j) of this
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Jkt 247001
AD. Information may be emailed to: 9-ANMSeattle-ACO-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.
St., Des Moines, WA 98198; phone and fax:
206–231–3548; email: Douglas.Tsuji@faa.gov.
(k) Material Incorporated by Reference
None.
(j) Related Information
For more information about this AD,
contact Douglas Tsuji, Senior Aerospace
Engineer, Systems and Equipment Section,
FAA, Seattle ACO Branch, 2200 South 216th
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63564
Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Rules and Regulations
Issued in Des Moines, Washington, on
November 21, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. R1–2018–26365 Filed 12–7–18; 2:00 pm]
BILLING CODE 1301–00–C
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0796; Product
Identifier 2018–NM–104–AD; Amendment
39–19518; AD 2018–25–07]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
Bombardier, Inc., Model BD–700–1A10
and BD–700–1A11 airplanes. This AD
was prompted by reports of drainage
holes on the belly fairing forward and
middle access panels being obstructed
with sealant. This AD requires
inspecting for and removing all sealant
blocking the drainage holes on the belly
fairing forward and middle access
panels. We are issuing this AD to
address the unsafe condition on these
products.
SUMMARY:
This AD is effective January 15,
2019.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of January 15, 2019.
ADDRESSES: For service information
identified in this final rule, contact
Bombardier, Inc., 400 Coˆte Vertu Road
West, Dorval, Que´bec H4S 1Y9, Canada;
telephone 514–855–5000; fax 514–855–
7401; email thd.crj@
aero.bombardier.com; internet https://
www.bombardier.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–
0796.
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DATES:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
VerDate Sep<11>2014
16:17 Dec 10, 2018
Jkt 247001
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0796; 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
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:
Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Administrative
Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone
516–228–7323; fax 516–794–5531; email
9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Bombardier, Inc., Model
BD–700–1A10 and BD–700–1A11
airplanes. The NPRM published in the
Federal Register on September 18, 2018
(83 FR 47113). The NPRM was
prompted by reports of drainage holes
on the belly fairing forward and middle
access panels being obstructed with
sealant. The NPRM proposed to require
inspecting for and removing all sealant
blocking the drainage holes on the belly
fairing forward and middle access
panels.
We are issuing this AD to address
fluid leakage that could lead to the
accumulation of flammable fluids/
vapors, beyond the design capacity of
the belly fairing venting provisions,
which could ignite if an ignition source
(i.e., spark, static discharge, heat, etc.) is
present.
Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada, has issued Canadian
Airworthiness Directive CF–2018–14,
dated May 1, 2018 (referred to after this
as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Bombardier, Inc., Model BD–
700–1A10 and BD–700–1A11 airplanes.
The MCAI states:
Bombardier Aerospace (BA) has informed
Transport Canada that the drainage holes on
the belly fairing forward and middle access
panels may be obstructed with sealant. The
purpose of the drainage holes is to allow for
drainage of a limited quantity of fluids due
to any leaks, should they occur. This
condition, if not corrected, may prevent the
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63565
timely detection of fluid leakage that could
lead to the accumulation of flammable fluids/
vapors, beyond the design capacity of the
belly fairing venting provisions [which could
ignite if an ignition source (i.e., spark, static
discharge, heat, etc.) is present].
This [Canadian] AD is issued to mandate
the removal of all sealant blocking the
drainage holes on the belly fairing forward
and middle access panels.
You may examine the MCAI in the
AD docket on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0796.
Comments
We gave the public the opportunity to
participate in developing this final rule.
We received no comments on the NPRM
or on the determination of the cost to
the public.
Conclusion
We reviewed the relevant data and
determined that air safety and the
public interest require adopting this
final rule as proposed, except for minor
editorial changes. We have determined
that these minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
Related Service Information Under 1
CFR Part 51
Bombardier has issued the following
service information for Bombardier
Model BD–700–1A10 airplanes.
• Service Bulletin 700–53–051, dated
May 17, 2017.
• Service Bulletin 700–53–6009,
dated May 17, 2017.
Bombardier has issued the following
service information for Bombardier
Model BD–700–1A11 airplanes.
• Service Bulletin 700–1A11–53–026,
dated May 17, 2017.
• Service Bulletin 700–53–5010,
dated May 17, 2017.
This service information describes
procedures for inspecting for and
removing sealant blocking the drainage
holes on the belly fairing forward and
middle access panels. These documents
are distinct since they apply to different
airplane models and configurations.
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 376
airplanes of U.S. registry. We estimate
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Agencies
[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Rules and Regulations]
[Pages 63561-63565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: R1-2018-26365]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0960; Product Identifier 2018-NM-151-AD; Amendment
39-19512; AD 2018-23-51]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
Editorial Note: Rule document 2018-26365 was originally
published on pages 62697 through 62700 in the issue of Thursday,
December 6, 2018. In that publication, on page 62700, in Figure 2 to
paragraph (h), the last sentence in the table was inadvertently
truncated. The corrected document is published here in its entirety.
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 737-8 and -9 airplanes. This emergency AD was sent
previously to all known U.S. owners and operators of these airplanes.
This AD requires revising certificate limitations and operating
procedures of the airplane flight manual (AFM) to provide the flight
crew with runaway horizontal stabilizer trim procedures to follow under
certain conditions. This AD was prompted by analysis performed by the
manufacturer showing that if an erroneously high single angle of attack
(AOA) sensor input is received by the flight control system, there is a
potential for repeated nose-down trim commands of the horizontal
stabilizer. We are issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective December 21, 2018 to all persons except
those persons to whom it was made immediately effective by Emergency AD
2018-23-51, issued on November 7, 2018, which contained the
requirements of this amendment.
We must receive comments on this AD by January 22, 2019.
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.
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-
0960; 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 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: Douglas Tsuji, Senior Aerospace
Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3548;
email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
On November 7, 2018, we issued Emergency AD 2018-23-51, which
requires revising certificate limitations and operating procedures of
the AFM to provide the flight crew with runaway horizontal stabilizer
trim procedures to follow under certain conditions. This emergency AD
was sent previously to all known U.S. owners and operators of these
airplanes. This action was prompted by analysis performed by the
manufacturer showing that if an erroneously high single AOA sensor
input is received by the flight control system, there is a potential
for repeated nose-down trim commands of the horizontal stabilizer. This
condition, if not addressed, could cause the flight crew to have
difficulty controlling the airplane, and lead to excessive nose-down
attitude, significant altitude loss, and possible impact with terrain.
FAA's Determination
We are issuing 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.
AD Requirements
This AD requires revising certificate limitations and operating
procedures of the AFM to provide the flight crew with runaway
horizontal stabilizer trim procedures to follow under certain
conditions.
[[Page 63562]]
Interim Action
We consider this AD interim action. If final action is later
identified, we might consider further rulemaking then.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
Emergency AD 2018-23-51, issued on November 7, 2018, to all known U.S.
owners and operators of these airplanes. The FAA found that the risk to
the flying public justified waiving notice and comment prior to
adoption of this rule because an erroneously high single AOA sensor
input received by the flight control system can result in a potential
for repeated nose-down trim commands of the horizontal stabilizer,
which could cause the flight crew to have difficulty controlling the
airplane, and lead to excessive nose-down attitude, significant
altitude loss, and possible impact with terrain. These conditions still
exist and the AD is hereby published in the Federal Register as an
amendment to section 39.13 of the Federal Aviation Regulations (14 CFR
39.13) to make it effective to all persons.
Therefore, we find good cause that notice and opportunity for prior
public comment are impracticable. In addition, for the reason(s) stated
above, we find that good cause exists for making this amendment
effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2018-
0960 and Product Identifier 2018-NM-151-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this final rule. We will
consider all comments received by the closing date and may amend this
final rule 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 final rule.
Costs of Compliance
We estimate that this AD affects 45 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Revising the AFM...................... 1 work-hour x $85 per $0 $85 $3,825
hour = $85.
----------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances 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):
2018-23-51 The Boeing Company: Amendment 39-19512; Docket No. FAA-
2018-0960; Product Identifier 2018-NM-151-AD.
(a) Effective Date
This AD is effective December 21, 2018 to all persons except
those persons to whom it was made immediately effective by Emergency
AD 2018-23-51, issued on November 7, 2018, which contained the
requirements of this amendment.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 737-8 and -9
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
controls.
[[Page 63563]]
(e) Unsafe Condition
This AD was prompted by analysis performed by the manufacturer
showing that if an erroneously high single angle of attack (AOA)
sensor input is received by the flight control system, there is a
potential for repeated nose-down trim commands of the horizontal
stabilizer. We are issuing this AD to address this potential
resulting nose-down trim, which could cause the flight crew to have
difficulty controlling the airplane, and lead to excessive nose-down
attitude, significant altitude loss, and possible impact with
terrain.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Revision of Airplane Flight Manual (AFM): Certificate Limitations
Within 3 days after the effective date of this AD, revise the
Certificate Limitations chapter of the applicable AFM to include the
information in figure 1 to paragraph (g) of this AD.
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(h) AFM Revision: Operating Procedures
Within 3 days after the effective date of this AD, revise the
Operating Procedures chapter of the applicable AFM to include the
information in figure 2 to paragraph (h) of this AD.
[[Page 63564]]
[GRAPHIC] [TIFF OMITTED] TR11DE18.005
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle 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 (j) 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.
(j) Related Information
For more information about this AD, contact Douglas Tsuji,
Senior Aerospace Engineer, Systems and Equipment Section, FAA,
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3548; email: [email protected].
(k) Material Incorporated by Reference
None.
[[Page 63565]]
Issued in Des Moines, Washington, on November 21, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. R1-2018-26365 Filed 12-7-18; 2:00 pm]
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