Airworthiness Directives; The Boeing Company Airplanes, 32667-32670 [2019-14502]
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Federal Register / Vol. 84, No. 131 / Tuesday, July 9, 2019 / Proposed Rules
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Bombardier, which provides
recommendations for a one-time special
flight permit. The repair drawing will be
applicable to the operator’s aircraft serial
number only. Special flight permits may be
permitted provided that the conditions
specified in paragraphs (n)(1), (n)(2), (n)(3),
(n)(4), and (n)(5) of this AD are met.
(1) Only one barrel nut out of four is
cracked, one cradle is cracked, or one washer
is loose; all other strut (wing front spar) bolt
locations must be free of damage.
(2) The airplane must operate with reduced
airspeed not to exceed 180 KIAS (knots
indicated air speed). No passengers and no
cargo are onboard.
(3) The airplane must not operate in known
or forecast turbulence, other than light
turbulence.
(4) The airplane descent rate on landing
flare-out is not to exceed 5 feet per second.
(5) Heavy braking or hard turning of the
airplane upon landing is to be avoided if
possible.
(o) Credit for Previous Actions
(1) This paragraph restates the provisions
of paragraph (j) of AD 2011–18–15, with
revised formatting and updated service
information. This paragraph provides credit
for torque checks, initial inspections, and
replacements required by paragraphs (g) and
(h) of this AD, if those actions were
performed before the effective date of this AD
using the service information specified in
paragraphs (o)(1)(i) through (o)(1)(v) of this
AD, which is not incorporated by reference
in this AD. The repetitive inspections
required by paragraph (g) of this AD must be
continued at the time specified.
(i) Bombardier Alert Service Bulletin A84–
57–19, dated February 1, 2008.
(ii) Bombardier Alert Service Bulletin A84–
57–19, Revision A, dated February 6, 2008.
(iii) Bombardier Alert Service Bulletin
A84–57–19, Revision B, dated March 6, 2008.
(iv) Bombardier Alert Service Bulletin
A84–57–19, Revision C, dated August 20,
2008.
(v) Bombardier Alert Service Bulletin A84–
57–19, Revision D, dated August 12, 2011.
(2) This paragraph provides credit for the
actions required by paragraphs (h), (i), (j),
and (k) of this AD, if those actions were
performed before the effective date of this AD
using the service information specified in
paragraphs (o)(2)(i) through (o)(2)(iii) of this
AD. This service information is not
incorporated by reference in this AD.
(i) Bombardier Service Bulletin 84–57–26,
dated March 21, 2013.
(ii) Bombardier Service Bulletin 84–57–26,
Revision A, dated July 18, 2014.
(iii) Bombardier Service Bulletin 84–57–26,
Revision B, dated February 26, 2015.
(3) This paragraph provides credit for the
actions required by paragraphs (h) and (i) of
this AD, if those actions were performed
before the effective date of this AD using the
service information specified in paragraphs
(o)(3)(i) and (o)(3)(ii) of this AD.
(i) Bombardier Alert Service Bulletin A84–
57–25, dated July 20, 2011, which was
incorporated by reference in AD 2011–18–15.
(ii) Bombardier Alert Service Bulletin A84–
57–25, Revision A, dated July 16, 2018,
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which is incorporated by reference in this
AD.
DEPARTMENT OF TRANSPORTATION
(p) Other FAA AD Provisions
Federal Aviation Administration
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York 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 ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone: 516–
228–7300; fax: 516–794–5531. 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.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, New York ACO Branch,
FAA; or Transport Canada Civil Aviation
(TCCA); or Bombardier, Inc.’s TCCA Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
(3) AMOCs approved previously for AD
2011–18–15 are approved as AMOCs for the
corresponding provisions of this AD.
(q) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
AD CF–2011–24R1, dated January 21, 2019,
for related information. This MCAI may be
found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2019–0493.
(2) For more information about this AD,
contact Andrea Jimenez, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone: 516–
228–7330; fax: 516–794–5531; email: 9-avsnyaco-cos@faa.gov.
(3) For service information identified in
this AD, contact Bombardier, Inc., Q-Series
Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada; phone:
416–375–4000; fax: 416–375–4539; email:
thd.qseries@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.
Issued in Des Moines, Washington, on June
28, 2019.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–14391 Filed 7–8–19; 8:45 am]
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14 CFR Part 39
[Docket No. FAA–2019–0252; Product
Identifier 2019–NM–048–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
The Boeing Company Model 727
airplanes, Model 757 airplanes, and
Model 767–200, –300, –300F, and
–400ER series airplanes. This proposed
AD was prompted by reports of
nuisance stick shaker activation while
the airplane accelerated to cruise speed
at the top of climb. This proposed AD
was also prompted by an investigation
of those reports that revealed that the
angle of attack (AOA) (also known as
angle of airflow) sensor vanes could not
prevent the build-up of ice, causing the
AOA sensor vanes to become
immobilized, which resulted in
nuisance stick shaker activation. This
proposed AD would require a general
visual inspection of the AOA sensors for
a part number, and replacement of
affected AOA sensors. We are proposing
this AD to address the unsafe condition
on these products.
DATES: We must receive comments on
this proposed AD by August 23, 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 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
SUMMARY:
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Federal Register / Vol. 84, No. 131 / Tuesday, July 9, 2019 / Proposed Rules
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–2019–
0252.
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–
0252; 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 listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Jeffrey W. Palmer, Aerospace Engineer,
Systems and Equipment Section, FAA,
Los Angeles ACO Branch, 3960
Paramount Boulevard, Lakewood, CA
90712–4137; phone: 562–627–5351; fax:
562–627–5210; email: jeffrey.w.palmer@
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–
2019–0252; Product Identifier 2019–
NM–048–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 reports of nuisance
stick shaker activation while the
airplane was accelerating to cruise
speed at the top of the climb. A review
of recorded flight data and weather
reports indicated that the cause of the
nuisance stick shaker activation was
immobilized AOA sensor vanes, which
were frozen because the heaters in the
AOA sensors vanes were not sufficient
to prevent ice build-up in the AOA
sensor faceplate and vane. This can be
caused by water entering the AOA vane
pivot and freezing during takeoff. This
condition, if not addressed, could result
in inaccurate or unreliable AOA sensor
data being transmitted to airplane
systems and consequent loss of
controllability of the airplane.
Related Service Information Under 1
CFR Part 51
We reviewed Boeing Alert Service
Bulletin 727–34A0247, dated January 2,
2019; Boeing Alert Service Bulletin
757–34A0611, Revision 1, dated March
22, 2019; and Boeing Alert Service
Bulletin 767–34A0828, dated December
6, 2018. The service information
describes procedures for a general visual
inspection of the AOA sensors for a
certain part number, and replacement of
affected AOA sensors. These documents
are distinct since they apply to different
airplane models.
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
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 as ‘‘RC’’ (required for
compliance) in the Accomplishment
Instructions of Boeing Alert Service
Bulletin 727–34A0247, dated January 2,
2019; Boeing Alert Service Bulletin
757–34A0611, Revision 1, dated March
22, 2019; and Boeing Alert Service
Bulletin 767–34A0828, dated December
6, 2018; described previously, except as
discussed under ‘‘Differences Between
this Proposed AD and the Service
Information,’’ and 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–2019–
0252.
Differences Between This Proposed AD
and the Service Information
Although Boeing Alert Service
Bulletin 727–34A0247, dated January 2,
2019, recommends accomplishing the
inspection within 2,750 flight hours;
Boeing Alert Service Bulletin 757–
34A0611, Revision 1, dated March 22,
2019, recommends accomplishing the
inspection within 9,960 flight hours;
and Boeing Alert Service Bulletin 767–
34A0828, dated December 6, 2018,
recommends accomplishing the
inspection within 3,470 flight hours, we
have determined that this compliance
time will not ensure that the identified
unsafe condition is addressed in a
timely manner. In developing an
appropriate compliance time for this
AD, we considered the degree of
urgency associated with addressing the
subject unsafe condition, the average
utilization of the affected fleet, and the
time necessary to perform the
modifications. In light of all of these
factors, we find the compliance times
specified in the applicable service
information, or within 36 months after
the effective date of this AD, whichever
occurs first, represents an appropriate
interval of time for affected airplanes to
continue to operate without
compromising safety. This difference
has been coordinated with the Boeing.
Costs of Compliance
We estimate that this proposed AD
affects 1,287 airplanes of U.S. registry.
We estimate the following costs to
comply with this proposed AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Parts cost
Cost per product
Cost on U.S.
operators
Inspection .......................
Replacement ..................
1 work-hour × $85 per hour = $85 .........................
Up to 3 work-hours × $85 per hour = Up to $255
$0 ...........................
Up to $54,000 ........
$85 .........................
Up to $54,255 ........
$109,395.
Up to $69,826,185.
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Federal Register / Vol. 84, No. 131 / Tuesday, July 9, 2019 / Proposed Rules
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.
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Regulatory Findings
We have 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 that the 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.
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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–
2019–0252; Product Identifier 2019–
NM–048–AD.
(a) Comments Due Date
The FAA must receive comments on this
AD action by August 23, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
airplanes, identified in paragraphs (c)(1)
through (c)(3) of this AD, certificated in any
category.
(1) Model 727, 727C, 727–100, 727–100C,
727–200, and 727–200F series airplanes, as
identified in Boeing Alert Service Bulletin
727–34A0247, dated January 2, 2019.
(2) Model 757–200, –200PF, –200CB, and
–300 series airplanes, as identified in Boeing
Alert Service Bulletin 757–34A0611,
Revision 1, dated March 22, 2019.
(3) Model 767–200, –300, –300F, and
–400ER series airplanes, as identified in
Boeing Alert Service Bulletin 767–34A0828,
dated December 6, 2018.
(d) Subject
Air Transport Association (ATA) of
America Code 34, Navigation.
(e) Unsafe Condition
This AD was prompted by reports of
nuisance stick shaker activation while the
airplane accelerated to cruise speed at the top
of climb. This AD was also prompted by an
investigation of those reports that revealed
that the angle of attack (AOA) (also known
as angle of airflow) sensor vanes could not
prevent the build-up of ice, causing the AOA
sensor vanes to become immobilized, which
resulted in nuisance stick shaker activation.
We are issuing this AD to address ice buildup in the AOA sensor faceplate and vane,
which may immobilize the AOA sensor
vanes, and could result in inaccurate or
unreliable AOA sensor data being
transmitted to airplane systems and
consequent loss of controllability of the
airplane.
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32669
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Except as specified in paragraph (h) of this
AD: Within 36 months after the effective date
of this AD or at the applicable times specified
in paragraph 1.E., ‘‘Compliance,’’ of Boeing
Alert Service Bulletin 727–34A0247, dated
January 2, 2019; Boeing Alert Service
Bulletin 757–34A0611, Revision 1, dated
March 22, 2019; or Boeing Alert Service
Bulletin 767–34A0828, dated December 6,
2018; as applicable, whichever occurs first,
do all applicable actions identified as ‘‘RC’’
(required for compliance) in, and in
accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin
727–34A0247, dated January 2, 2019; Boeing
Alert Service Bulletin 757–34A0611,
Revision 1, dated March 22, 2019; or Boeing
Alert Service Bulletin 767–34A0828, dated
December 6, 2018; as applicable. All
replacements of the affected AOA sensors
must be done before further flight.
(h) Exceptions to Service Information
Specifications
For purposes of determining compliance
with the requirements of this AD: Where
Boeing Alert Service Bulletin 727–34A0247,
dated January 2, 2019; Boeing Alert Service
Bulletin 757–34A0611, Revision 1, dated
March 22, 2019; or Boeing Alert Service
Bulletin 767–34A0828, dated December 6,
2018; as applicable, uses the phrase ‘‘the
original issue date of this service bulletin,’’
this AD requires using ‘‘the effective date of
this AD.’’
(i) 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 (j)(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 Company
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.
(4) For service information that contains
steps that are labeled as Required for
Compliance (RC), the provisions of
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paragraphs (i)(4)(i) and (i)(4)(ii) of this AD
apply.
(i) The steps labeled as RC, including
substeps under an RC step and any figures
identified in an RC step, must be done to
comply with the AD. If a step or substep is
labeled ‘‘RC Exempt,’’ then the RC
requirement is removed from that step or
substep. An AMOC is required for any
deviations to RC steps, including substeps
and identified figures.
(ii) Steps not labeled as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the RC steps,
including substeps and identified figures, can
still be done as specified, and the airplane
can be put back in an airworthy condition.
(j) Related Information
(1) For more information about this AD,
contact Jeffrey W. Palmer, Aerospace
Engineer, Systems and Equipment Section,
FAA, Los Angeles ACO Branch, 3960
Paramount Boulevard, Lakewood, CA 90712–
4137; phone: 562–627–5351; fax: 562–627–
5210; email: jeffrey.w.palmer@faa.gov.
(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 June
10, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–14502 Filed 7–8–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
Notice of Request for Information on
Information and Documentation
Required for Clean Claims for Care and
Services
Department of Veterans Affairs.
Request for information.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is requesting information
from the public to inform VA’s
determination regarding the information
and documentation that VA will require
certain health care entities and
providers to submit with certain claims
for payment for hospital care, medical
services, or extended care services.
Specifically, VA is requesting input
regarding what information and
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SUMMARY:
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documentation VA should require nonFederal health care entities and
providers to submit with certain claims
for payment for hospital care, medical
services, or extended care services
furnished under chapter 17 of title 38,
United States Code (U.S.C.) in order for
such claims to constitute ‘‘clean claims’’
under section 1703D of title 38 U.S.C.
DATES: Comments must be received on
or before August 8, 2019.
ADDRESSES: Written comments may be
submitted through https://
www.regulations.gov; by mail or hand
delivery to the Director, Office of
Regulation Policy and Management
(00REG), Department of Veterans
Affairs, 810 Vermont Avenue NW,
Room 1064, Washington, DC 20420; or
by fax to (202) 273–9026. Comments
should indicate that they are submitted
in response to ‘‘Notice of Request for
Information on Information and
Documentation Required for Clean
Claims for Care and Services.’’ Copies of
comments received will be available for
public inspection in the Office of
Regulation Policy and Management,
Room 1064, between the hours of 8:00
a.m. and 4:30 p.m., Monday through
Friday (except Federal holidays). Please
call (202) 461–4902 (this is not a tollfree number) for an appointment.
During the comment period, comments
may also be viewed online through the
Federal Docket Management System at
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Joseph Duran, Office of Community
Care (10D), Veterans Health
Administration (VHA), Department of
Veterans Affairs, Ptarmigan at Cherry
Creek, Denver, CO 80209;
Joseph.Duran2@va.gov, (303) 370–1637
(this is not a toll-free number).
SUPPLEMENTARY INFORMATION: The John
S. McCain III, Daniel K. Akaka, and
Samuel R. Johnson VA Maintaining
Internal Systems and Strengthening
Integrated Outside Networks Act of
2018 (commonly called MISSION Act,
Pub. L. 115–182), created new section
1703D of title 38 U.S.C. concerning
claims for payment for hospital care,
medical services, and extended care
services furnished by non-Federal
entities and providers under chapter 17
of title 38 U.S.C. Section 1703D(f)(1)
requires VA to provide to all nonFederal health care entities and
providers participating in a program to
furnish such care or services a list of
information and documentation that VA
requires to establish a clean claim under
section 1703D. Section 1703D(f)(2)
requires VA to consult with entities in
the health care industry, in the public
and private sectors, to determine the
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information and documentation that VA
will include in that list. This notice
identifies some of the information and
documentation that VA proposes
including in that list and solicits
feedback from the public (in particular
entities in the health care industry), to
determine if these requirements
regarding information and
documentation are appropriate. This
notice also requests input regarding any
other information and/or documentation
requirements that entities in the health
care industry recommend VA include in
that list. Responses to this notice will
support VA’s determination of which
information and documentation will be
required for a claim to be considered
clean under section 1703D.
This notice is a request for
information only. Commenters are
encouraged to provide complete, but
concise, responses to the specific
requests and statements outlined below.
VA may choose to contact individual
commenters, and such communications
would serve to further clarify their
written comments.
Request for Information: VA requests
information that will assist in
developing a list of information and
documentation, as mandated by section
1703D(f)(1), that will be required to
establish a clean claim under section
1703D. The information and
documentation identified on that list
will be that which is necessary for
accurate adjudication of the claim, to
include data elements that, at a
minimum: Accurately identify the
patient; accurately identify the entity or
provider that furnished the care and/or
services; and accurately identify the
care and services furnished. VA’s
specific requests for information follow:
1. VA requests information related to
the statements below:
A. VA proposes that entities and
providers must submit paper claims for
institutional (facility) charges on the
Centers for Medicare and Medicaid
Services (CMS)—1450 Form; Form Title:
UB–04 Uniform Bill.
B. VA proposes that entities and
providers must submit paper claims for
non-institutional (professional) charges
on the CMS–1500 Form; Form Title:
Health Insurance Claim Form.
C. VA proposes that entities and
providers must submit electronic claims
for institutional (facility) charges in the
American National Standards Institute
(ANSI) Accredited Standards Committee
(ASC) X12N 837I (Institutional) format,
the electronic claim version of CMS–
1450.
D. VA proposes that entities and
providers must submit electronic claims
for non-institutional (professional)
E:\FR\FM\09JYP1.SGM
09JYP1
]]>Agencies
[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Proposed Rules]
[Pages 32667-32670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14502]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0252; Product Identifier 2019-NM-048-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 727 airplanes, Model 757 airplanes,
and Model 767-200, -300, -300F, and -400ER series airplanes. This
proposed AD was prompted by reports of nuisance stick shaker activation
while the airplane accelerated to cruise speed at the top of climb.
This proposed AD was also prompted by an investigation of those reports
that revealed that the angle of attack (AOA) (also known as angle of
airflow) sensor vanes could not prevent the build-up of ice, causing
the AOA sensor vanes to become immobilized, which resulted in nuisance
stick shaker activation. This proposed AD would require a general
visual inspection of the AOA sensors for a part number, and replacement
of affected AOA sensors. We are proposing this AD to address the unsafe
condition on these products.
DATES: We must receive comments on this proposed AD by August 23, 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 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
[[Page 32668]]
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-2019-0252.
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-
0252; 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 listed above. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Jeffrey W. Palmer, Aerospace Engineer,
Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960
Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5351; 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-2019-0252;
Product Identifier 2019-NM-048-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 reports of nuisance stick shaker activation while
the airplane was accelerating to cruise speed at the top of the climb.
A review of recorded flight data and weather reports indicated that the
cause of the nuisance stick shaker activation was immobilized AOA
sensor vanes, which were frozen because the heaters in the AOA sensors
vanes were not sufficient to prevent ice build-up in the AOA sensor
faceplate and vane. This can be caused by water entering the AOA vane
pivot and freezing during takeoff. This condition, if not addressed,
could result in inaccurate or unreliable AOA sensor data being
transmitted to airplane systems and consequent loss of controllability
of the airplane.
Related Service Information Under 1 CFR Part 51
We reviewed Boeing Alert Service Bulletin 727-34A0247, dated
January 2, 2019; Boeing Alert Service Bulletin 757-34A0611, Revision 1,
dated March 22, 2019; and Boeing Alert Service Bulletin 767-34A0828,
dated December 6, 2018. The service information describes procedures
for a general visual inspection of the AOA sensors for a certain part
number, and replacement of affected AOA sensors. These documents are
distinct since they apply to different airplane models.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
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 as ``RC'' (required for compliance) in the Accomplishment
Instructions of Boeing Alert Service Bulletin 727-34A0247, dated
January 2, 2019; Boeing Alert Service Bulletin 757-34A0611, Revision 1,
dated March 22, 2019; and Boeing Alert Service Bulletin 767-34A0828,
dated December 6, 2018; described previously, except as discussed under
``Differences Between this Proposed AD and the Service Information,''
and 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-2019-0252.
Differences Between This Proposed AD and the Service Information
Although Boeing Alert Service Bulletin 727-34A0247, dated January
2, 2019, recommends accomplishing the inspection within 2,750 flight
hours; Boeing Alert Service Bulletin 757-34A0611, Revision 1, dated
March 22, 2019, recommends accomplishing the inspection within 9,960
flight hours; and Boeing Alert Service Bulletin 767-34A0828, dated
December 6, 2018, recommends accomplishing the inspection within 3,470
flight hours, we have determined that this compliance time will not
ensure that the identified unsafe condition is addressed in a timely
manner. In developing an appropriate compliance time for this AD, we
considered the degree of urgency associated with addressing the subject
unsafe condition, the average utilization of the affected fleet, and
the time necessary to perform the modifications. In light of all of
these factors, we find the compliance times specified in the applicable
service information, or within 36 months after the effective date of
this AD, whichever occurs first, represents an appropriate interval of
time for affected airplanes to continue to operate without compromising
safety. This difference has been coordinated with the Boeing.
Costs of Compliance
We estimate that this proposed AD affects 1,287 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
Estimated Costs for Required Actions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection........................ 1 work-hour x $85 per $0............................ $85........................... $109,395.
hour = $85.
Replacement....................... Up to 3 work-hours x Up to $54,000................. Up to $54,255................. Up to $69,826,185.
$85 per hour = Up to
$255.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32669]]
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 have 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 that the 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-2019-0252; Product Identifier
2019-NM-048-AD.
(a) Comments Due Date
The FAA must receive comments on this AD action by August 23,
2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company airplanes, identified in
paragraphs (c)(1) through (c)(3) of this AD, certificated in any
category.
(1) Model 727, 727C, 727-100, 727-100C, 727-200, and 727-200F
series airplanes, as identified in Boeing Alert Service Bulletin
727-34A0247, dated January 2, 2019.
(2) Model 757-200, -200PF, -200CB, and -300 series airplanes, as
identified in Boeing Alert Service Bulletin 757-34A0611, Revision 1,
dated March 22, 2019.
(3) Model 767-200, -300, -300F, and -400ER series airplanes, as
identified in Boeing Alert Service Bulletin 767-34A0828, dated
December 6, 2018.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Unsafe Condition
This AD was prompted by reports of nuisance stick shaker
activation while the airplane accelerated to cruise speed at the top
of climb. This AD was also prompted by an investigation of those
reports that revealed that the angle of attack (AOA) (also known as
angle of airflow) sensor vanes could not prevent the build-up of
ice, causing the AOA sensor vanes to become immobilized, which
resulted in nuisance stick shaker activation. We are issuing this AD
to address ice build-up in the AOA sensor faceplate and vane, which
may immobilize the AOA sensor vanes, and could result in inaccurate
or unreliable AOA sensor data being transmitted to airplane systems
and consequent loss of controllability of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified in paragraph (h) of this AD: Within 36
months after the effective date of this AD or at the applicable
times specified in paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 727-34A0247, dated January 2, 2019; Boeing Alert
Service Bulletin 757-34A0611, Revision 1, dated March 22, 2019; or
Boeing Alert Service Bulletin 767-34A0828, dated December 6, 2018;
as applicable, whichever occurs first, do all applicable actions
identified as ``RC'' (required for compliance) in, and in accordance
with, the Accomplishment Instructions of Boeing Alert Service
Bulletin 727-34A0247, dated January 2, 2019; Boeing Alert Service
Bulletin 757-34A0611, Revision 1, dated March 22, 2019; or Boeing
Alert Service Bulletin 767-34A0828, dated December 6, 2018; as
applicable. All replacements of the affected AOA sensors must be
done before further flight.
(h) Exceptions to Service Information Specifications
For purposes of determining compliance with the requirements of
this AD: Where Boeing Alert Service Bulletin 727-34A0247, dated
January 2, 2019; Boeing Alert Service Bulletin 757-34A0611, Revision
1, dated March 22, 2019; or Boeing Alert Service Bulletin 767-
34A0828, dated December 6, 2018; as applicable, uses the phrase
``the original issue date of this service bulletin,'' this AD
requires using ``the effective date of this AD.''
(i) 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 (j)(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 Company 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.
(4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of
[[Page 32670]]
paragraphs (i)(4)(i) and (i)(4)(ii) of this AD apply.
(i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
(ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.
(j) Related Information
(1) For more information about this AD, contact Jeffrey W.
Palmer, Aerospace Engineer, Systems and Equipment Section, FAA, Los
Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-
4137; phone: 562-627-5351; 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 June 10, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-14502 Filed 7-8-19; 8:45 am]
BILLING CODE 4910-13-P
