Airworthiness Directives; The Boeing Company Airplanes, 41602-41605 [2019-17508]
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41602
Federal Register / Vol. 84, No. 158 / Thursday, August 15, 2019 / Rules and Regulations
(l) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2018–0254R1, dated June 4, 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–2019–0117.
(2) For more information about this AD,
contact Todd Thompson, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3228.
(m) 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 this AD specifies otherwise.
(i) 328 Support Services Alert Service
Bulletin ASB–328–57–043, dated September
21, 2018.
(ii) [Reserved]
(3) For service information identified in
this AD, contact 328 Support Services GmbH,
Global Support Center, P.O. Box 1252, D–
82231 Wessling, Federal Republic of
Germany; telephone +49 8153 88111 6666;
fax +49 8153 88111 6565; email gsc.op@
328support.de; internet https://
www.328support.de.
(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 July
26, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–17504 Filed 8–14–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
jspears on DSK3GMQ082PROD with RULES
[Docket No. FAA–2019–0575; Product
Identifier 2019–NM–113–AD; Amendment
39–19690; AD 2019–14–12]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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15:51 Aug 14, 2019
Jkt 247001
Final rule; request for
comments.
ACTION:
The FAA is adopting an
airworthiness directive (AD) for certain
The Boeing Company Model 737–8 and
737–9 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 oncondition 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 August 30,
2019.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of August 30, 2019.
The FAA must receive comments on
this AD by September 30, 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–2019–0575.
SUMMARY:
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–
0575; or in person at the Docket
PO 00000
Frm 00008
Fmt 4700
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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 Rulemaking
The FAA issued AD 2019–11–03,
Amendment 39–19649 (84 FR 26743,
June 10, 2019) (‘‘AD 2019–11–03’’), for
certain The Boeing Company Model
737–700C, –800, and –900ER series
airplanes. The FAA issued AD 2019–
11–03 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.
In the preamble of the final rule
issuing AD 2019–11–03, the FAA stated
that the identified unsafe condition also
exists on Boeing Model 737–8 and 737–
9 airplanes. The FAA also stated that
Boeing was developing service
information that would address the
unsafe condition for these airplanes and
that the FAA might consider additional
rulemaking once that service
information was developed, approved,
and available. Boeing has since
developed such service information and
the FAA has determined that further
rulemaking is indeed necessary.
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Federal Register / Vol. 84, No. 158 / Thursday, August 15, 2019 / Rules and Regulations
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Alert
Requirements Bulletin 737–27A1311
RB, dated June 24, 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 737–27A1311
RB, dated June 24, 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–
0575.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense
with notice and comment procedures
for rules when the agency, for ‘‘good
cause,’’ finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under this
section, an agency, upon finding good
cause, may issue a final rule without
seeking comment prior to the
rulemaking. Similarly, Section 553(d) of
the APA authorizes agencies to make
rules effective in less than thirty days,
upon a finding of good cause.
The discrepant parts are ‘‘rotable’’ in
that they could be removed from the
737–8 and 737–9 airplanes that are the
subject of this AD, and installed on 737
Next Gen (Boeing Model 737–600/–700/
–800/–900) airplanes. The current
shortage of nondiscrepant parts makes
this removal and reinstallation more
likely to happen. Also, these parts are
not serialized, and have been marked in
a manner that has proven to be
impermanent. Thus, if a discrepant part
were to be removed from a 737–8 or
737–9 airplane and installed on a 737
Next Gen airplane before all of the
discrepant parts have been identified, it
could expose the entire 737 Next Gen
fleet to the unsafe condition, and likely
require fleetwide inspections to find the
discrepant parts.
The FAA therefore considers the
prompt identification and removal of
these parts from 737–8 and 737–9
airplanes to be an urgent safety issue.
Accordingly, notice and opportunity for
prior public comment are impracticable
and contrary to the public interest
pursuant to 5 U.S.C. 553(b)(3)(B). In
addition, for the reasons stated above,
the FAA finds that good cause exists
pursuant to 5 U.S.C. 553(d) 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–2019–0575 and Product
Identifier 2019–NM–113–AD at the
beginning of your comments. The FAA
specifically invite 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 33 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
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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
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the results of the inspection. The FAA
has no way of determining the number
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Cost per
product
Parts cost
Sfmt 4700
$0
0
0
$85
255
85
Cost on U.S.
operators
$2,805
8,415
2,805
of aircraft that might need these oncondition actions:
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Federal Register / Vol. 84, No. 158 / Thursday, August 15, 2019 / Rules and Regulations
ESTIMATED COSTS OF ON-CONDITION COSTS
Action
Labor cost
Parts cost
Replacement and shipping ....
Up to 54 work-hours × $85 per hour = Up to $4,590 .........
Up to $82,680 .......................
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
the cost estimate.
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.
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Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs’’ describes in more
detail the scope of the Agency’s
authority.
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.
VerDate Sep<11>2014
15:51 Aug 14, 2019
Jkt 247001
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
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):
■
2019–14–12 The Boeing Company:
Amendment 39–19690; Docket No.
FAA–2019–0575; Product Identifier
2019–NM–113–AD.
(a) Effective Date
This AD is effective August 30, 2019.
PO 00000
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Cost per product
Up to $87,270.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 737–8 and 737–9 airplanes,
certificated in any category, as identified in
Boeing Alert Requirements Bulletin 737–
27A1311 RB, dated June 24, 2019.
(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 737–27A1311 RB,
dated June 24, 2019, do all applicable actions
identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert
Requirements Bulletin 737–27A1311 RB,
dated June 24, 2019.
Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin 737–27A1311, dated June 24, 2019,
which is referred to in Boeing Alert
Requirements Bulletin 737–27A1311 RB,
dated June 24, 2019.
(h) Exceptions to Service Information
Specifications
(1) For purposes of determining
compliance with the requirements of this AD:
Where Boeing Alert Requirements Bulletin
737–27A1311 RB, dated June 24, 2019, uses
the phrase ‘‘the original issue date of
requirements bulletin 737–27A1311 RB,’’ this
AD requires using ‘‘the effective date of this
AD.’’
(2) Boeing Alert Requirements Bulletin
737–27A1311 RB, dated June 24, 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
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Federal Register / Vol. 84, No. 158 / Thursday, August 15, 2019 / Rules and Regulations
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
737–27A1311 RB, dated June 24, 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
part to Boeing within 30 days after the
effective date of this AD.
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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
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15:51 Aug 14, 2019
Jkt 247001
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.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0186; Product
Identifier 2018–NM–153–AD; Amendment
39–19694; AD 2019–15–01]
RIN 2120–AA64
(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
737–27A1311 RB, dated June 24, 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 July
23, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–17508 Filed 8–14–19; 8:45 am]
BILLING CODE 4910–13–P
PO 00000
41605
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Bombardier, Inc., Model CL–600–2B16
(601–3A, 601–3R, and 604 Variants)
airplanes. This AD was prompted by a
report that main landing gear (MLG)
side stay actuators have been assembled
using nonconforming split ball bearings.
This AD requires verification of the
serial numbers of the installed MLG side
stay actuator assemblies, and
replacement of the affected parts. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective September
19, 2019.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of September 19, 2019.
ADDRESSES: For service information
identified in this final rule, contact
Bombardier, Inc., 400 Coˆte-Vertu Road
West, Dorval, Que´bec H4S 1Y9, Canada;
Widebody Customer Response Center
North America toll-free telephone 1–
866–538–1247 or direct-dial telephone
1–514–855–2999; fax 514–855–7401;
email ac.yul@aero.bombardier.com;
internet https://www.bombardier.com.
You may view this service information
at the FAA, Transport Standards
Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195. It is also available
on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0186.
SUMMARY:
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–
0186; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
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]]>Agencies
[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Rules and Regulations]
[Pages 41602-41605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17508]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0575; Product Identifier 2019-NM-113-AD; Amendment
39-19690; AD 2019-14-12]
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 737-8 and 737-9 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 August 30, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 30,
2019.
The FAA must receive comments on this AD by September 30, 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-2019-0575.
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-
0575; 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 Rulemaking
The FAA issued AD 2019-11-03, Amendment 39-19649 (84 FR 26743, June
10, 2019) (``AD 2019-11-03''), for certain The Boeing Company Model
737-700C, -800, and -900ER series airplanes. The FAA issued AD 2019-11-
03 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.
In the preamble of the final rule issuing AD 2019-11-03, the FAA
stated that the identified unsafe condition also exists on Boeing Model
737-8 and 737-9 airplanes. The FAA also stated that Boeing was
developing service information that would address the unsafe condition
for these airplanes and that the FAA might consider additional
rulemaking once that service information was developed, approved, and
available. Boeing has since developed such service information and the
FAA has determined that further rulemaking is indeed necessary.
[[Page 41603]]
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Requirements Bulletin 737-27A1311 RB,
dated June 24, 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 737-27A1311 RB, dated June 24, 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-2019-0575.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without seeking comment prior to the
rulemaking. Similarly, Section 553(d) of the APA authorizes agencies to
make rules effective in less than thirty days, upon a finding of good
cause.
The discrepant parts are ``rotable'' in that they could be removed
from the 737-8 and 737-9 airplanes that are the subject of this AD, and
installed on 737 Next Gen (Boeing Model 737-600/-700/-800/-900)
airplanes. The current shortage of nondiscrepant parts makes this
removal and reinstallation more likely to happen. Also, these parts are
not serialized, and have been marked in a manner that has proven to be
impermanent. Thus, if a discrepant part were to be removed from a 737-8
or 737-9 airplane and installed on a 737 Next Gen airplane before all
of the discrepant parts have been identified, it could expose the
entire 737 Next Gen fleet to the unsafe condition, and likely require
fleetwide inspections to find the discrepant parts.
The FAA therefore considers the prompt identification and removal
of these parts from 737-8 and 737-9 airplanes to be an urgent safety
issue. Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B). In addition, for the reasons stated above, the FAA finds
that good cause exists pursuant to 5 U.S.C. 553(d) 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-
0575 and Product Identifier 2019-NM-113-AD at the beginning of your
comments. The FAA specifically invite 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 33 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 hour $0 $85 $2,805
= $85.
Inspection......................... 3 work-hours x $85 per hour 0 255 8,415
= $255.
Reporting.......................... 1 work-hour x $85 per hour 0 85 2,805
= $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:
[[Page 41604]]
Estimated Costs of On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement and shipping......... Up to 54 work-hours x $85 Up to $82,680....... Up to $87,270.
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 the cost estimate.
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):
2019-14-12 The Boeing Company: Amendment 39-19690; Docket No. FAA-
2019-0575; Product Identifier 2019-NM-113-AD.
(a) Effective Date
This AD is effective August 30, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 737-8 and 737-9
airplanes, certificated in any category, as identified in Boeing
Alert Requirements Bulletin 737-27A1311 RB, dated June 24, 2019.
(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 737-27A1311 RB, dated June 24, 2019, do
all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
737-27A1311 RB, dated June 24, 2019.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
737-27A1311, dated June 24, 2019, which is referred to in Boeing
Alert Requirements Bulletin 737-27A1311 RB, dated June 24, 2019.
(h) Exceptions to Service Information Specifications
(1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Alert Requirements Bulletin 737-27A1311 RB,
dated June 24, 2019, uses the phrase ``the original issue date of
requirements bulletin 737-27A1311 RB,'' this AD requires using ``the
effective date of this AD.''
(2) Boeing Alert Requirements Bulletin 737-27A1311 RB, dated
June 24, 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
[[Page 41605]]
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 737-27A1311 RB, dated
June 24, 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 part to Boeing within 30 days after the
effective date of this AD.
(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 737-27A1311 RB, dated
June 24, 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 July 23, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-17508 Filed 8-14-19; 8:45 am]
BILLING CODE 4910-13-P
