Airworthiness Directives; The Boeing Company Airplanes, 26743-26746 [2019-12221]
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Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Rules and Regulations
demonstrate this capability at the most
critical condition.
a. The applicant must show that the
APU will provide adequate electrical
power for continued safe flight and
landing.
b. The operating limitations section of
the airplane flight manual (AFM) must
incorporate non-normal procedures that
direct the pilot to take appropriate
actions to activate the APU after loss of
normal engine-driven generated
electrical power.
5. As part of showing compliance
with these special conditions, the tests
to demonstrate loss of all normal
electrical power must also take into
account the following:
a. The assumption that the failure
condition occurs during night
instrument meteorological conditions
(IMC) at the most critical phase of the
flight, relative to the worst possible
electrical power distribution and
equipment-loads-demand condition.
b. After the un-restorable loss of
normal engine generator power, the
airplane engine restart capability is
provided and operations continued in
IMC.
c. The airplane is demonstrated to be
capable of continued safe flight and
landing. The length of time must be
computed based on the maximum
diversion time capability for which the
airplane is being certified. The applicant
must account for airspeed reductions
resulting from the associated failure or
failures.
d. The airplane must provide
adequate indication of loss of normal
electrical power to direct the pilot to the
non-normal procedures, and the
operating limitations section of the AFM
must incorporate non-normal
procedures that will direct the pilot to
take appropriate actions.
Issued in Des Moines, Washington, on June
4, 2019.
Paul Siegmund,
Acting Manager, Transport Standards
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2019–12120 Filed 6–7–19; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0409; Product
Identifier 2019–NM–092–AD; Amendment
39–19649; AD 2019–11–03]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting an
airworthiness directive (AD) for certain
The Boeing Company Model 737–700C,
–800, and –900ER series airplanes. This
AD requires a maintenance records
check to determine if any main slat
track assembly has been removed, an
inspection of the main slat track
assemblies for a suspect lot number or
a lot number that cannot be determined,
and applicable on-condition actions.
This AD was prompted by a report that
certain main slat track assemblies were
manufactured incorrectly and are
affected by hydrogen embrittlement.
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective June 10,
2019.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of June 10, 2019.
The FAA must receive comments on
this AD by July 25, 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.
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
SUMMARY:
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26743
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–2019–0409.
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–2019–
0409; 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 street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Greg
Rutar, Aerospace Engineer, Airframe
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3529; email:
Greg.Rutar@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA has received a report from
Boeing indicating that 148 main slat
track assemblies from a set of lot
numbers were manufactured incorrectly
and are affected by hydrogen
embrittlement. Main slat track
assemblies that are affected by hydrogen
embrittlement have reduced strength.
After reviewing information within the
report provided from Boeing, the FAA
determined on May 22, 2019, that this
condition, if not addressed, could result
in failure of main slat track assemblies,
which could cause the slat to depart and
potentially strike the airplane, resulting
in injury to airplane occupants and/or
preventing continued safe flight and
landing.
Other Relevant Potential Rulemaking
The FAA has determined that the
identified unsafe condition also exists
on Boeing Model 737–8 and –9 (737
MAX) airplanes. Boeing is currently
developing service information that will
address the unsafe condition for these
airplanes. Once this service information
is developed, approved, and available,
the FAA might consider additional
rulemaking.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Alert
Requirements Bulletin 737–27A1312
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Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Rules and Regulations
RB, dated June 4, 2019. This service
information describes procedures for a
maintenance records check to determine
if any main slat track assembly has been
removed, an inspection of the main slat
track assemblies for a suspect lot
number or a lot number that cannot be
determined, sending the inspection
results to Boeing, and applicable oncondition actions. On-condition actions
include replacing main slat track
assemblies having a suspect lot number,
or having a lot number that cannot be
determined, with serviceable main slat
track assemblies; shipping main slat
track assemblies with suspect lot
numbers or with lot numbers that
cannot be determined to Boeing; and
contacting Boeing to report if any main
slat track assembly has been removed.
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
The FAA is issuing this AD because
the agency 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 accomplishment of
the actions identified in Boeing Alert
Requirements Bulletin 737–27A1312
RB, dated June 4, 2019, described
previously, except for any differences
identified as exceptions in the
regulatory text of this 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–2019–
0409.
pursuant to 5 U.S.C. 553 to adopt a rule
without prior notice and comment.
Because the FAA has determined that it
has good cause to adopt this rule
without notice and comment, RFA
analysis is not required.
FAA’s Justification and Determination
of the Effective Date
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies waiving notice
and comment prior to adoption of this
rule because main slat track assemblies
that are affected by hydrogen
embrittlement have reduced strength.
This condition, if not addressed, could
result in failure of main slat track
assemblies, which could cause the slat
to depart and potentially strike the
airplane, resulting in injury to airplane
occupants and/or preventing continued
safe flight and landing. The compliance
time for the required action that has
been determined to adequately address
the unsafe condition is shorter than the
time necessary for the public to
comment and for publication of the final
rule. Therefore, the FAA finds good
cause that notice and opportunity for
prior public comment are impracticable.
In addition, for the reasons stated above,
the FAA finds that good cause exists for
making this amendment effective in less
than 30 days.
Comments Invited
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not
apply when an agency finds good cause
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, the FAA invites 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–2019–0409 and Product
Identifier 2019–NM–092–AD at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
this final rule. The FAA will consider
all comments received by the closing
date and may amend this final rule
because of those comments.
The FAA will post all comments the
agency receives, without change, to
https://www.regulations.gov, including
any personal information you provide.
The FAA will also post a report
summarizing each substantive verbal
contact the agency receives about this
final rule.
Costs of Compliance
The FAA estimates that this AD
affects 32 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Maintenance records check ............................
Inspection ........................................................
Reporting .........................................................
1 work-hour × $85 per hour = $85 .................
3 work-hours × $85 per hour = $255 .............
1 work-hour × $85 per hour = $85 .................
The FAA estimates the following
costs to do any necessary on-condition
actions that would be required based on
the results of the inspection. The FAA
has no way of determining the number
Cost per
product
Parts cost
$0
0
0
$85
255
85
Cost on U.S.
operators
$2,720
8,160
2,720
of aircraft that might need these oncondition actions:
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ESTIMATED COSTS OF ON-CONDITION COSTS
Action
Labor cost
Parts cost
Cost per
product
Replacement and shipping ...........................................
Up to 54 work-hours × $85 per hour = Up to $4,590 ..
Up to $82,680
Up to $87,270.
According to the manufacturer, some
or all of the costs of this AD may be
covered under warranty, thereby
reducing the cost impact on affected
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individuals. The FAA does not control
warranty coverage for affected
individuals. As a result, the FAA has
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included all available known costs in
our cost estimate.
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Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a current valid
OMB control number. The control
number for the collection of information
required by this AD is 2120–0056. The
paperwork cost associated with this AD
has been detailed in the Costs of
Compliance section of this document
and includes time for reviewing
instructions, as well as completing and
reviewing the collection of information.
Therefore, all reporting associated with
this AD is mandatory. Comments
concerning the accuracy of this burden
and suggestions for reducing the burden
should be directed to the FAA at 800
Independence Ave. SW, Washington,
DC 20591. ATTN: Information
Collection Clearance Officer, AES–200.
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.
The FAA is 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
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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,
and
(2) Will not affect intrastate aviation
in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2019–11–03 The Boeing Company:
Amendment 39–19649; Docket No.
FAA–2019–0409; Product Identifier
2019–NM–092–AD.
(a) Effective Date
This AD is effective June 10, 2019.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to The Boeing
Company Model 737–700C, –800, and
–900ER series airplanes, certificated in any
category, as identified in Boeing Alert
Requirements Bulletin 737–27A1312 RB,
dated June 4, 2019.
(2) Installation of Supplemental Type
Certificate (STC) ST00830SE does not affect
the ability to accomplish the actions required
by this AD. Therefore, for airplanes on which
STC ST00830SE 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.
(d) Subject
Air Transport Association (ATA) of
America Code 27, Flight Controls.
(e) Unsafe Condition
This AD was prompted by a report that
certain main slat track assemblies were
manufactured incorrectly and are affected by
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26745
hydrogen embrittlement. The FAA is issuing
this AD to address main slat track assemblies
that have reduced strength due to hydrogen
embrittlement. This condition, if not
addressed, could result in failure of main slat
track assemblies, which could cause the slat
to depart and potentially strike the airplane,
resulting in injury to airplane occupants and/
or preventing continued safe flight and
landing.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Except as specified by paragraph (h) of this
AD: At the applicable times specified in the
‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin 737–27A1312 RB,
dated June 4, 2019, do all applicable actions
identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert
Requirements Bulletin 737–27A1312 RB,
dated June 4, 2019.
Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin 737–27A1312, dated June 4, 2019,
which is referred to in Boeing Alert
Requirements Bulletin 737–27A1312 RB,
dated June 4, 2019.
(h) Exceptions to Service Information
Specifications
(1) For purposes of determining
compliance with the requirements of this AD:
Where Boeing Alert Requirements Bulletin
737–27A1312 RB, dated June 4, 2019, uses
the phrase ‘‘the original issue date of
Requirements Bulletin 737–27A1312 RB,’’
this AD requires using ‘‘the effective date of
this AD.’’
(2) Boeing Alert Requirements Bulletin
737–27A1312 RB, dated June 4, 2019,
specifies to report inspection results to
Boeing within a certain compliance time. For
this AD, the compliance time to report
inspection results is at the applicable time
specified in paragraph (h)(2)(i) or (h)(2)(ii) of
this AD.
(i) If the inspection was done on or after
the effective date of this AD: Submit the
report within 3 days after the inspection.
(ii) If the inspection was done before the
effective date of this AD: Submit the report
within 3 days after the effective date of this
AD.
(3) Boeing Alert Requirements Bulletin
737–27A1312 RB, dated June 4, 2019,
specifies to ship affected parts to Boeing
within a certain compliance time if, during
the inspection, it has been determined that
any main slat track assembly has a suspect
lot number or has a lot number that cannot
be determined. For this AD, the compliance
time for shipping affected parts to Boeing is
at the applicable time specified in paragraph
(h)(3)(i) or (h)(3)(ii) of this AD.
(i) If the inspection was done on or after
the effective date of this AD: Ship the
affected part to Boeing within 30 days after
removing the affected part.
(ii) If the inspection was done before the
effective date of this AD: Ship the affected
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part to Boeing within 30 days after the
effective date of this AD.
(4) Where ‘‘CONDITION 5’’ of Boeing Alert
Requirements Bulletin 737–27A1312 RB,
dated June 4, 2019, uses the phrase ‘‘suspect
lot number cannot be determined,’’ or
‘‘suspect lot number that cannot be
determined,’’ this AD requires using, ‘‘lot
number cannot be determined,’’ or ‘‘lot
number that cannot be determined;’’
respectively.
(5) Where flag note (a) of Figure 5, Figure
6, Figure 7, and Figure 8, of Boeing Alert
Requirements Bulletin 737–27A1312 RB,
dated June 4, 2019, specifies ‘‘Only required
if the main slat track assembly has a suspect
lot number,’’ this AD requires using, ‘‘Only
required if the main slat track assembly has
a suspect lot number or a lot number that
cannot be determined.’’
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(i) Paperwork Reduction Act Burden
Statement
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a current valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
response, including the time for reviewing
instructions, completing and reviewing the
collection of information. All responses to
this collection of information are mandatory.
Comments concerning the accuracy of this
burden and suggestions for reducing the
burden should be directed to the FAA at: 800
Independence Ave. SW, Washington, DC
20591, Attn: Information Collection
Clearance Officer, AES–200.
(j) 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 (k) of this
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.
(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 Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Seattle 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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(k) Related Information
For more information about this AD,
contact Greg Rutar, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA
98198; phone and fax: 206–231–3529; email:
Greg.Rutar@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 Requirements Bulletin
737–27A1312 RB, dated June 4, 2019.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; internet https://
www.myboeingfleet.com.
(4) You may view this service information
at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Des Moines, Washington, on June
5, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–12221 Filed 6–7–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2018–1073; Airspace
Docket No. 18–AEA–17]
RIN 2120–AA66
Amendment of VOR Federal Airways
V–8, V–92, V–214, and V–438 in the
Vicinity of Grantsville, MD
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action modifies VHF
Omnidirectional Range (VOR) Federal
airways V–8, V–92, V–214, and V–438
due to the planned decommissioning of
the Grantsville, MD, VOR/DME
navigation aid which provides
SUMMARY:
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navigation guidance for segments of the
routes. The Grantsville VOR/DME is
being decommissioned as part of the
FAA’s VOR Minimum Operational
Network (MON) program.
DATES: Effective date 0901 UTC, August
15, 2019. The Director of the Federal
Register approves this incorporation by
reference action under Title 1 Code of
Federal Regulations part 51, subject to
the annual revision of FAA Order
7400.11 and publication of conforming
amendments.
ADDRESSES: FAA Order 7400.11C,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at https://www.faa.gov/
air_traffic/publications/. For further
information, you can contact the
Airspace Policy Group, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783. The Order is
also available for inspection at the
National Archives and Records
Administration (NARA). For
information on the availability of FAA
Order 7400.11C at NARA, call (202)
741–6030, or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
FOR FURTHER INFORMATION CONTACT: Paul
Gallant, Airspace Policy Group, Office
of Airspace Services, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of the airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it modifies the
National Airspace System as necessary
to preserve the safe and efficient flow of
air traffic.
History
The FAA published a notice of
proposed rulemaking for Docket No.
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]]>Agencies
[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Rules and Regulations]
[Pages 26743-26746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12221]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0409; Product Identifier 2019-NM-092-AD; Amendment
39-19649; AD 2019-11-03]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting an airworthiness directive (AD) for
certain The Boeing Company Model 737-700C, -800, and -900ER series
airplanes. This AD requires a maintenance records check to determine if
any main slat track assembly has been removed, an inspection of the
main slat track assemblies for a suspect lot number or a lot number
that cannot be determined, and applicable on-condition actions. This AD
was prompted by a report that certain main slat track assemblies were
manufactured incorrectly and are affected by hydrogen embrittlement.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective June 10, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 10,
2019.
The FAA must receive comments on this AD by July 25, 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.
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. It
is also available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0409.
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-2019-
0409; 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 street address for Docket
Operations is listed above. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Greg Rutar, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206-231-3529; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The FAA has received a report from Boeing indicating that 148 main
slat track assemblies from a set of lot numbers were manufactured
incorrectly and are affected by hydrogen embrittlement. Main slat track
assemblies that are affected by hydrogen embrittlement have reduced
strength. After reviewing information within the report provided from
Boeing, the FAA determined on May 22, 2019, that this condition, if not
addressed, could result in failure of main slat track assemblies, which
could cause the slat to depart and potentially strike the airplane,
resulting in injury to airplane occupants and/or preventing continued
safe flight and landing.
Other Relevant Potential Rulemaking
The FAA has determined that the identified unsafe condition also
exists on Boeing Model 737-8 and -9 (737 MAX) airplanes. Boeing is
currently developing service information that will address the unsafe
condition for these airplanes. Once this service information is
developed, approved, and available, the FAA might consider additional
rulemaking.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Requirements Bulletin 737-27A1312
[[Page 26744]]
RB, dated June 4, 2019. This service information describes procedures
for a maintenance records check to determine if any main slat track
assembly has been removed, an inspection of the main slat track
assemblies for a suspect lot number or a lot number that cannot be
determined, sending the inspection results to Boeing, and applicable
on-condition actions. On-condition actions include replacing main slat
track assemblies having a suspect lot number, or having a lot number
that cannot be determined, with serviceable main slat track assemblies;
shipping main slat track assemblies with suspect lot numbers or with
lot numbers that cannot be determined to Boeing; and contacting Boeing
to report if any main slat track assembly has been removed. 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
The FAA is issuing this AD because the agency 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 accomplishment of the actions identified in Boeing
Alert Requirements Bulletin 737-27A1312 RB, dated June 4, 2019,
described previously, except for any differences identified as
exceptions in the regulatory text of this 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-2019-0409.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because main slat track assemblies that are affected by hydrogen
embrittlement have reduced strength. This condition, if not addressed,
could result in failure of main slat track assemblies, which could
cause the slat to depart and potentially strike the airplane, resulting
in injury to airplane occupants and/or preventing continued safe flight
and landing. The compliance time for the required action that has been
determined to adequately address the unsafe condition is shorter than
the time necessary for the public to comment and for publication of the
final rule. Therefore, the FAA finds good cause that notice and
opportunity for prior public comment are impracticable. In addition,
for the reasons stated above, the FAA finds that good cause exists for
making this amendment effective in less than 30 days.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
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, the FAA invites 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-2019-
0409 and Product Identifier 2019-NM-092-AD at the beginning of your
comments. The FAA specifically invites comments on the overall
regulatory, economic, environmental, and energy aspects of this final
rule. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments.
The FAA will post all comments the agency receives, without change,
to https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the agency receives about this final rule.
Costs of Compliance
The FAA estimates that this AD affects 32 airplanes of U.S.
registry. The FAA estimates 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
----------------------------------------------------------------------------------------------------------------
Maintenance records check............. 1 work-hour x $85 per $0 $85 $2,720
hour = $85.
Inspection............................ 3 work-hours x $85 per 0 255 8,160
hour = $255.
Reporting............................. 1 work-hour x $85 per 0 85 2,720
hour = $85.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of the
inspection. The FAA has no way of determining the number of aircraft
that might need these on-condition actions:
Estimated Costs of On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement and shipping........... Up to 54 work-hours x Up to $82,680............ Up to $87,270.
$85 per hour = Up to
$4,590.
----------------------------------------------------------------------------------------------------------------
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all available
known costs in our cost estimate.
[[Page 26745]]
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW, Washington, DC 20591. ATTN: Information
Collection Clearance Officer, AES-200.
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.
The FAA is 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, and
(2) Will not affect intrastate aviation in Alaska.
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):
2019-11-03 The Boeing Company: Amendment 39-19649; Docket No. FAA-
2019-0409; Product Identifier 2019-NM-092-AD.
(a) Effective Date
This AD is effective June 10, 2019.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to The Boeing Company Model 737-700C, -800,
and -900ER series airplanes, certificated in any category, as
identified in Boeing Alert Requirements Bulletin 737-27A1312 RB,
dated June 4, 2019.
(2) Installation of Supplemental Type Certificate (STC)
ST00830SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST00830SE
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.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
Controls.
(e) Unsafe Condition
This AD was prompted by a report that certain main slat track
assemblies were manufactured incorrectly and are affected by
hydrogen embrittlement. The FAA is issuing this AD to address main
slat track assemblies that have reduced strength due to hydrogen
embrittlement. This condition, if not addressed, could result in
failure of main slat track assemblies, which could cause the slat to
depart and potentially strike the airplane, resulting in injury to
airplane occupants and/or preventing continued safe flight and
landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 737-27A1312 RB, dated June 4, 2019, do
all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
737-27A1312 RB, dated June 4, 2019.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
737-27A1312, dated June 4, 2019, which is referred to in Boeing
Alert Requirements Bulletin 737-27A1312 RB, dated June 4, 2019.
(h) Exceptions to Service Information Specifications
(1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Alert Requirements Bulletin 737-27A1312 RB,
dated June 4, 2019, uses the phrase ``the original issue date of
Requirements Bulletin 737-27A1312 RB,'' this AD requires using ``the
effective date of this AD.''
(2) Boeing Alert Requirements Bulletin 737-27A1312 RB, dated
June 4, 2019, specifies to report inspection results to Boeing
within a certain compliance time. For this AD, the compliance time
to report inspection results is at the applicable time specified in
paragraph (h)(2)(i) or (h)(2)(ii) of this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 3 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 3 days after the effective date of
this AD.
(3) Boeing Alert Requirements Bulletin 737-27A1312 RB, dated
June 4, 2019, specifies to ship affected parts to Boeing within a
certain compliance time if, during the inspection, it has been
determined that any main slat track assembly has a suspect lot
number or has a lot number that cannot be determined. For this AD,
the compliance time for shipping affected parts to Boeing is at the
applicable time specified in paragraph (h)(3)(i) or (h)(3)(ii) of
this AD.
(i) If the inspection was done on or after the effective date of
this AD: Ship the affected part to Boeing within 30 days after
removing the affected part.
(ii) If the inspection was done before the effective date of
this AD: Ship the affected
[[Page 26746]]
part to Boeing within 30 days after the effective date of this AD.
(4) Where ``CONDITION 5'' of Boeing Alert Requirements Bulletin
737-27A1312 RB, dated June 4, 2019, uses the phrase ``suspect lot
number cannot be determined,'' or ``suspect lot number that cannot
be determined,'' this AD requires using, ``lot number cannot be
determined,'' or ``lot number that cannot be determined;''
respectively.
(5) Where flag note (a) of Figure 5, Figure 6, Figure 7, and
Figure 8, of Boeing Alert Requirements Bulletin 737-27A1312 RB,
dated June 4, 2019, specifies ``Only required if the main slat track
assembly has a suspect lot number,'' this AD requires using, ``Only
required if the main slat track assembly has a suspect lot number or
a lot number that cannot be determined.''
(i) Paperwork Reduction Act Burden Statement
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 1 hour per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW, Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
(j) 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 (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 Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
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
For more information about this AD, contact Greg Rutar,
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3529;
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 Requirements Bulletin 737-27A1312 RB, dated
June 4, 2019.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com.
(4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on June 5, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-12221 Filed 6-7-19; 8:45 am]
BILLING CODE 4910-13-P
