Airworthiness Directives; the Boeing Company Airplanes, 71778-71782 [2019-27887]

Download as PDF 71778 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Rules and Regulations upper wing skin. The FAA is issuing this AD to address cracks in the upper wing skin, which could grow undetected. This condition, if not addressed, could result in the inability of the structure to carry limit load and adversely affect the structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions for Group 1 Airplanes For airplanes identified as Group 1 in Boeing Alert Requirements Bulletin 737– 57A1344 RB, dated February 18, 2019: Within 120 days after the effective date of this AD, do a surface high frequency eddy current (HFEC) inspection of the left and right upper wing skin and a general visual inspection of the upper wing skin in the adjacent rib bay areas for any crack, and do applicable on-condition actions, using a method approved in accordance with the procedures specified in paragraph (j) of this AD. (h) Required Actions for Groups 2 and 3 Airplanes Except as specified by paragraph (i) of this AD: At the applicable times specified in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 737–57A1344 RB, dated February 18, 2019, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 737–57A1344 RB, dated February 18, 2019. Note 1 to paragraph (h): Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 737–57A1344, dated February 18, 2019, which is referred to in Boeing Alert Requirements Bulletin 737–57A1344 RB, dated February 18, 2019. khammond on DSKJM1Z7X2PROD with RULES (i) Exceptions to Service Information Specifications (1) Where Boeing Alert Requirements Bulletin 737–57A1344 RB, dated February 18, 2019, uses the phrase ‘‘the original issue date of Requirements Bulletin 737–57A1344 RB,’’ this AD requires using ‘‘the effective date of this AD.’’ (2) Where Boeing Alert Requirements Bulletin 737–57A1344 RB, dated February 18, 2019, specifies contacting Boeing for repair instructions: This AD requires doing the repair using a method approved in accordance with the procedures specified in paragraph (j) of this AD. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, Los Angeles ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (k) of this AD. Information may be emailed to: 9-ANMLAACO-AMOC-Requests@faa.gov. VerDate Sep<11>2014 16:33 Dec 27, 2019 Jkt 250001 (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 inspection, 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 inspection, 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–2019–0252; Product Identifier 2019–NM–048–AD; Amendment 39–21007; AD 2019–24–18] RIN 2120–AA64 Airworthiness Directives; the Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 727 For more information about this AD, contact Payman Soltani, Aerospace Engineer, airplanes, Model 757 airplanes, and Model 767–200, –300, –300F, and Airframe Section, FAA, Los Angeles ACO –400ER series airplanes. This AD was Branch, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627– prompted by reports of nuisance stick shaker activation while the airplane 5313; fax: 562–627–5210; email: accelerated to cruise speed at the top of payman.soltani@faa.gov. climb. This AD was also prompted by (l) Material Incorporated by Reference an investigation of those reports that revealed that the angle of attack (AOA) (1) The Director of the Federal Register (also known as angle of airflow) sensor approved the incorporation by reference vanes could not prevent the build-up of (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR ice, causing the AOA sensor vanes to part 51. become immobilized, which resulted in (2) You must use this service information nuisance stick shaker activation. This as applicable to do the actions required by AD requires a general visual inspection this AD, unless the AD specifies otherwise. of the AOA sensors for certain AOA (i) Boeing Alert Requirements Bulletin sensors, and replacement of affected 737–57A1344 RB, dated February 18, 2019. AOA sensors. The FAA is issuing this (ii) [Reserved] AD to address the unsafe condition on (3) For service information identified in these products. this AD, contact Boeing Commercial DATES: This AD is effective February 3, Airplanes, Attention: Contractual & Data 2020. Services (C&DS), 2600 Westminster Blvd., The Director of the Federal Register MC 110–SK57, Seal Beach, CA 90740–5600; approved the incorporation by reference phone: 562–797–1717; internet: https:// of certain publications listed in this AD www.myboeingfleet.com. as of February 3, 2020. (4) You may view this service information ADDRESSES : For service information at the FAA, Transport Standards Branch, identified in this final rule, contact 2200 South 216th St., Des Moines, WA. For Boeing Commercial Airplanes, information on the availability of this Attention: Contractual & Data Services material at the FAA, call 206–231–3195. (C&DS), 2600 Westminster Blvd., MC (5) You may view this service information 110–SK57, Seal Beach, CA 90740–5600; that is incorporated by reference at the telephone 562–797–1717; internet National Archives and Records https://www.myboeingfleet.com. You Administration (NARA). For information on may view this service information at the the availability of this material at NARA, email fedreg.legal@nara.gov, or go to: https:// FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For www.archives.gov/federal-register/cfr/ibrinformation on the availability of this locations.html. material at the FAA, call 206–231–3195. Issued in Des Moines, Washington, on It is also available on the internet at December 5, 2019. https://www.regulations.gov by Michael Kaszycki, searching for and locating Docket No. Acting Director, System Oversight Division, FAA–2019–0252. SUMMARY: (k) Related Information Aircraft Certification Service. [FR Doc. 2019–28066 Filed 12–27–19; 8:45 am] PO 00000 Frm 00044 Fmt 4700 Examining the AD Docket You may examine the AD docket on the internet at https:// www.regulations.gov by searching for BILLING CODE 4910–13–P Sfmt 4700 E:\FR\FM\30DER1.SGM 30DER1 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Rules and Regulations 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 final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: 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: Discussion The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 727 airplanes, Model 757 airplanes, and Model 767–200, –300, –300F, and –400ER series airplanes. The NPRM published in the Federal Register on July 9, 2019 (84 FR 32667). The NPRM was prompted by reports of nuisance stick shaker activation while the airplane accelerated to cruise speed at the top of climb. The NPRM was also prompted by an investigation of those reports that revealed that the AOA 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. The NPRM proposed to require a general visual inspection of the AOA sensors for certain AOA sensors, and replacement of affected AOA sensors. The FAA is 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. khammond on DSKJM1Z7X2PROD with RULES Changes Since the NPRM Was Issued The FAA has reviewed Boeing Alert Service Bulletin 727–34A0247, Revision 1, dated October 1, 2019 (the FAA referred to Boeing Alert Service Bulletin 727–34A0247, dated January 2, 2019, as an appropriate source of service information for accomplishing the actions specified in the NPRM) and have revised this AD to refer to Boeing Alert Service Bulletin 727–34A0247, VerDate Sep<11>2014 16:33 Dec 27, 2019 Jkt 250001 Revision 1, dated October 1, 2019. This service information adds airplanes to the effectivity, but specifies that no additional work is needed if the actions in Boeing Alert Service Bulletin 727– 34A0247, dated January 2, 2019, have been accomplished. The FAA has added paragraph (i) to this AD to provide credit for actions done prior to the effective date of this AD using Boeing Alert Service Bulletin 727–34A0247, dated January 2, 2019. Subsequent paragraphs have been redesignated accordingly. Although Boeing Alert Service Bulletin 727–34A0247, Revision 1, dated October 1, 2019, adds airplanes to the effectivity, the FAA has not added those airplanes to the applicability of this AD. In paragraph (c) of this AD, the FAA refers to the airplanes identified in Boeing Alert Service Bulletin 727– 34A0247, Revision 1, dated October 1, 2019, except for the additional airplanes (variable numbers QB065, QD191, QD192, QD402, QD403, QD407, and QD410). Adding airplanes to the applicability of this AD would necessitate (under the provisions of the Administrative Procedure Act) reissuing the notice, reopening the comment period, considering additional comments subsequently received, and eventually issuing a final rule. In consideration of the urgency of the unsafe condition identified in this final rule, the FAA has determined that delay of this final rule is not appropriate. However, the FAA might consider further rulemaking on this issue to address the additional airplanes. Comments The FAA gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM and the FAA’s response to each comment. Effect of Winglets on Accomplishment of the Proposed Actions Aviation Partners Boeing (APB) stated that they have reviewed the NPRM and have determined that the installation of winglets per Supplemental Type Certificate (STC) ST01518SE (for Model 757 airplanes) and STC ST01920SE (for Model 767 airplanes) do not affect the accomplishment of the manufacturer’s service instructions. The FAA agrees with the commenter that STC ST01518SE and STC ST01920SE do not affect the accomplishment of the manufacturer’s service instructions. Therefore, the installation of STC ST01518SE or STC ST01920SE does not affect the ability to accomplish the actions required by this PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 71779 AD. The FAA has not changed this AD in this regard. Request To Reduce Compliance Time The Air Line Pilots Association, International (ALPA) requested the compliance time in the proposed AD be shortened from within 36 months after the effective date of this AD to within 24 months after the effective date of this AD for all airplanes. The ALPA stated that it agrees with the intent of the proposed AD, but does not agree that a 36-month compliance time is sufficient when considering the publication dates of the service information, the low estimated time to complete the repairs, and the high risk associated with inaccurate AOA readings and nuisance stick shaker indications. The FAA does not agree with the request. The FAA has determined that the compliance time specified in this AD for each airplane model will accommodate the time necessary to accomplish the actions required by this AD and maintain an adequate level of safety. In addition, the commenter did not provide adequate data to justify a shortened compliance time. Lastly, the suggested compliance time change would alter the requirements of this AD to be more restrictive, so additional rulemaking would be required, ultimately delaying issuance of the AD. The FAA finds that delaying this action is inappropriate in light of the identified unsafe condition. However, if additional data are presented that would justify a shorter compliance time, the FAA may consider further rulemaking on this issue. The FAA has not changed this AD in this regard. Request To Extend Compliance Time American Airlines (AAL) and United Airlines (UAL) requested that the FAA extend the compliance time for the Boeing Model 767 fleet from within 36 months or 3,470 flight hours (FH) after the effective date of this AD, whichever occurs first, to match the compliance time of the Boeing Model 757 fleet, which is within 36 months or 9,960 FH after the effective date of this AD, whichever occurs first. AAL reasoned that the Boeing Model 757 and 767 fleets share the same parts for both the AOA sensors and air data computers and operate similar missions with similar cold-soak times on the AOA vanes, and argued that the risk should be the same. AAL asserted that matching the FH compliance times will ensure that accomplishing this proposed AD can be effectively and economically planned, while allowing for the components to be handled the same regardless of fleet. AAL concluded this E:\FR\FM\30DER1.SGM 30DER1 71780 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES method would maintain an equivalent level of safety. UAL also pointed out that UAL’s Boeing Model 757 and 767 fleets are equipped with equivalent AOA sensors and air data computers, and the operation and cold-soak times of the AOA sensors are the same. UAL argued that changing the FH compliance time for Model 767 airplanes to match the FH compliance time for Model 757 airplanes would provide an equivalent level of safety, stating that the AOA sensors of both airplane models are exposed to the same adverse conditions in the air and on the ground. The FAA does not agree with the request. The FAA has determined that the flight-hour compliance times identified in the service information, without a time threshold, will not ensure that the identified unsafe condition is addressed in a timely manner. In developing an appropriate compliance time for this AD, the FAA 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, the FAA finds 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. However, under the provisions of paragraph (j) of this AD, the FAA will consider requests for approval of an extension of the compliance time if sufficient data are submitted to substantiate that the new compliance time would provide an acceptable level of safety. The FAA has not changed the AD in this regard. Request To Include Records Review All Nippon Airways (ANA) requested that the FAA add a statement to the proposed AD that allows a review of the airplane maintenance records for the part number (P/N) of the AOA sensor, if the P/N of the AOA sensor can be conclusively determined from that review. ANA stated that they have installed AOA sensor P/N 0861FL1 (new Boeing P/N S233T913–5) on their Boeing Model 767 fleet because it began accomplishing Boeing Alert Service Bulletin 767–34A0828, dated December 6, 2018, since the issue date of the service information. ANA argued that the proposed AD would require them to repeat accomplishment of Boeing Alert Service Bulletin 767–34A0828, dated December 6, 2018. ANA stated that it manages the P/N of the AOA sensor VerDate Sep<11>2014 16:33 Dec 27, 2019 Jkt 250001 within its airplane maintenance records, and the installation of the new AOA sensor P/N 0861FL1 (new Boeing P/N S233T913–5) on each airplane can be traced by reviewing its airplane maintenance records. The FAA agrees with the commenter’s request to add a records review. The FAA has added paragraph (h)(2) to this AD to allow a review of airplane maintenance records in lieu of the inspections for the AOA sensor P/Ns. The FAA also notes that paragraph (f) of this AD states to accomplish the required actions within the compliance times specified, ‘‘unless already done.’’ Therefore, if operators have accomplished the actions required for compliance with this AD before the effective date of this AD and have records that show the actions were done as specified in the AD, no further action is necessary. Request To Reference Later Revisions of Service Information AAL requested that the applicability, required actions, and exceptions to service information in the proposed AD be revised to include any future FAA approved revisions of service information. AAL requested that the FAA add the phrase ‘‘or later FAA approved revisions’’ to Boeing Alert Service Bulletin 757–34A0611, Revision 1, dated March 22, 2019; and Boeing Alert Service Bulletin 767–34A0828, dated December 6, 2018. AAL suggested that any requirement that references service information would state, for example, ‘‘Boeing Alert Service Bulletin 757–34A0611, Revision 1, dated March 22, 2019, or later FAA approved revisions.’’ AAL argued that allowing later FAA approved revisions of service information would avoid extra work and delays in implementation required for an alternative method of compliance (AMOC) approval should either service information require a revision due to an error or omission of data. The FAA does not agree with the request. The FAA may not refer to any document that does not yet exist. In general terms, the FAA is required by Office of the Federal Register (OFR) regulations for approval of materials incorporated by reference, as specified in 1 CFR 51.1(f), to either publish the service document contents as part of the actual AD language; or submit the service document to the OFR for approval as referenced material, in which case the FAA may only refer to such material in the text of an AD. The AD may refer to the service document only if the OFR approved it for incorporation by reference. See 1 CFR part 51. PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 To allow operators to use later revisions of the referenced document (issued after publication of the AD), either the FAA must revise the AD to reference specific later revisions, or operators must request approval to use later revisions as an AMOC with this AD under the provisions of paragraph (j) of this AD. Request To Clarify the Impact of Case Heaters on Unsafe Condition The commenter, Alan Peterson, FedEx, stated that the proposed AD does not address the possibility that the case heaters within the AOA sensor may be contributing to the unsafe condition, noting specifically that the proposed AD does not address the case heaters within the AOA sensors for Captain and First officer positions on FedEx’s large fleet of Boeing Model 757 and 767 airplanes. The commenter pointed out that the case heaters keep the dampening fluid inside the body of the AOA sensor from getting cold-soaked in flight and on the ground. The commenter explained that the wiring of the case heater is in parallel with the AOA vane heater, so in a scenario where the case heater fails, the AOA sensor vane would continue working, but the AOA sensor would become slow to move once it becomes cold-soaked due to the lack of heat from the case heater within the AOA sensor. The commenter described this as a critical oversight in the proposed AD because both the case heater and the AOA vane heater must work correctly for the AOA vanes to function properly. The commenter stated that, in his experience, an operator may check the resistance of the case heater wiring on both AOA sensor vanes to verify that it is within the tolerance specified by the component maintenance manual (CMM) and verify the wiring is not burnt due to an open circuit. The commenter stated that this check was accomplished on the Boeing Model 757 and 767 fleet, and, if a discrepancy was discovered during the resistance check or revealed evidence of an open circuit in the case heater, the AOA vane would then be replaced. The commenter noted that a malfunction with the case heater would not be registered by the engineindicating and crew-alerting system (EICAS) because the system only monitors the AOA vane heaters, and suggested that a malfunctioning case heater could affect reactive windshear, reduced vertical separation minimum (RVSM), and stall warning. The FAA infers that the commenter is requesting that the FAA clarify the impact of case heaters within the AOA sensors on the unsafe condition. E:\FR\FM\30DER1.SGM 30DER1 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Rules and Regulations The FAA agrees to clarify. One of the specific mitigating design changes in this AD is the position of the case heater. Although the case heaters in the AOA vane assembly are not specifically mentioned in the preamble of the proposed AD, the new AOA sensors with supplier P/N 0861FL1 (new Boeing P/N S233T913–5) have a repositioned case heater specifically designed to mitigate the unsafe condition of moisture build-up and freezing. AOA sensors with supplier P/N 2566A–21 (new Boeing P/N 10–60878–3), 2566A– 30 (new Boeing P/N 10–60878–4), and 0861FL (new Boeing P/N S233T913–4), mitigate the unsafe condition using an improved vane design. The FAA has not changed the AD in this regard. Conclusion The FAA reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule with the changes described previously and minor editorial changes. The FAA has determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. The FAA also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule. Related Service Information Under 1 CFR Part 51 The FAA reviewed Boeing Alert Service Bulletin 727–34A0247, Revision 1, dated October 1, 2019; Boeing Alert Service Bulletin 757–34A0611, Revision 71781 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 certain AOA sensors, 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. Costs of Compliance The FAA estimates that this AD affects 1,287 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: khammond on DSKJM1Z7X2PROD with RULES ESTIMATED COSTS FOR REQUIRED ACTIONS Action Labor cost Parts cost Cost per product 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 ..... 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 VerDate Sep<11>2014 16:33 Dec 27, 2019 Jkt 250001 the Director of the System Oversight Division. Regulatory Findings 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: Frm 00047 Fmt 4700 $109,395. Up to $69,826,185. PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Will not affect intrastate aviation in Alaska, and (3) 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. PO 00000 Cost on U.S. operators Sfmt 4700 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): ■ 2019–24–18 The Boeing Company: Amendment 39–21007; Docket No. FAA–2019–0252; Product Identifier 2019–NM–048–AD. (a) Effective Date This AD is effective February 3, 2020. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company airplanes, identified in paragraphs (c)(1) through (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, Revision 1, dated October 1, 2019; except for airplanes having variable numbers QB065, QD191, QD192, QD402, QD403, QD407, and QD410. (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. E:\FR\FM\30DER1.SGM 30DER1 71782 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Rules and Regulations (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. The FAA is 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. khammond on DSKJM1Z7X2PROD with RULES (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, Revision 1, dated October 1, 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, Revision 1, dated October 1, 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 (1) Where Boeing Alert Service Bulletin 727–34A0247, Revision 1, dated October 1, 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.’’ (2) Where Boeing Alert Service Bulletin 727–34A0247, Revision 1, dated October 1, 2019; Boeing Alert Service Bulletin 757– 34A0611, Revision 1, dated March 22, 2019; or Boeing Alert Service Bulletin 767– 34A0828, dated December 6, 2018; specify to accomplish a general visual inspection of the AOA sensors and to replace affected AOA VerDate Sep<11>2014 16:33 Dec 27, 2019 Jkt 250001 sensors, a review of the airplane maintenance records is acceptable in lieu of those actions if the part number of the installed AOA sensors can be conclusively determined during that review to have a new or serviceable AOA sensor part number identified in Boeing Alert Service Bulletin 727–34A0247, Revision 1, dated October 1, 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. (i) Credit for Previous Actions This paragraph provides credit for actions specified in paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Service Bulletin 727–34A0247, dated January 2, 2019. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, Los Angeles ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (k) of this AD. Information may be emailed to: 9-ANMLAACO-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 paragraphs (j)(4)(i) and (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. PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 (k) Related Information 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. (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 Service Bulletin 727– 34A0247, Revision 1, dated October 1, 2019. (ii) Boeing Alert Service Bulletin 757– 34A0611, Revision 1, dated March 22, 2019. (iii) Boeing Alert Service Bulletin 767– 34A0828, dated December 6, 2018. (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, email fedreg.legal@nara.gov, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Des Moines, Washington, on December 9, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–27887 Filed 12–27–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0674; Product Identifier 2019–NM–079–AD; Amendment 39–21003; AD 2019–24–14] RIN 2120–AA64 Airworthiness Directives; 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). AGENCY: E:\FR\FM\30DER1.SGM 30DER1

Agencies

[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Rules and Regulations]
[Pages 71778-71782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27887]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0252; Product Identifier 2019-NM-048-AD; Amendment 
39-21007; AD 2019-24-18]
RIN 2120-AA64


Airworthiness Directives; the Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting 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 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. 
This AD requires a general visual inspection of the AOA sensors for 
certain AOA sensors, and replacement of affected AOA sensors. The FAA 
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective February 3, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 3, 
2020.

ADDRESSES: For service information identified in this final rule, 
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 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

[[Page 71779]]

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 final rule, the 
regulatory evaluation, any comments received, and other information. 
The address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: 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: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain The Boeing 
Company Model 727 airplanes, Model 757 airplanes, and Model 767-200, -
300, -300F, and -400ER series airplanes. The NPRM published in the 
Federal Register on July 9, 2019 (84 FR 32667). The NPRM was prompted 
by reports of nuisance stick shaker activation while the airplane 
accelerated to cruise speed at the top of climb. The NPRM was also 
prompted by an investigation of those reports that revealed that the 
AOA 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. The NPRM proposed to require a general visual 
inspection of the AOA sensors for certain AOA sensors, and replacement 
of affected AOA sensors.
    The FAA is 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.

Changes Since the NPRM Was Issued

    The FAA has reviewed Boeing Alert Service Bulletin 727-34A0247, 
Revision 1, dated October 1, 2019 (the FAA referred to Boeing Alert 
Service Bulletin 727-34A0247, dated January 2, 2019, as an appropriate 
source of service information for accomplishing the actions specified 
in the NPRM) and have revised this AD to refer to Boeing Alert Service 
Bulletin 727-34A0247, Revision 1, dated October 1, 2019. This service 
information adds airplanes to the effectivity, but specifies that no 
additional work is needed if the actions in Boeing Alert Service 
Bulletin 727-34A0247, dated January 2, 2019, have been accomplished. 
The FAA has added paragraph (i) to this AD to provide credit for 
actions done prior to the effective date of this AD using Boeing Alert 
Service Bulletin 727-34A0247, dated January 2, 2019. Subsequent 
paragraphs have been redesignated accordingly.
    Although Boeing Alert Service Bulletin 727-34A0247, Revision 1, 
dated October 1, 2019, adds airplanes to the effectivity, the FAA has 
not added those airplanes to the applicability of this AD. In paragraph 
(c) of this AD, the FAA refers to the airplanes identified in Boeing 
Alert Service Bulletin 727-34A0247, Revision 1, dated October 1, 2019, 
except for the additional airplanes (variable numbers QB065, QD191, 
QD192, QD402, QD403, QD407, and QD410). Adding airplanes to the 
applicability of this AD would necessitate (under the provisions of the 
Administrative Procedure Act) reissuing the notice, reopening the 
comment period, considering additional comments subsequently received, 
and eventually issuing a final rule. In consideration of the urgency of 
the unsafe condition identified in this final rule, the FAA has 
determined that delay of this final rule is not appropriate. However, 
the FAA might consider further rulemaking on this issue to address the 
additional airplanes.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing (APB) stated that they have reviewed the 
NPRM and have determined that the installation of winglets per 
Supplemental Type Certificate (STC) ST01518SE (for Model 757 airplanes) 
and STC ST01920SE (for Model 767 airplanes) do not affect the 
accomplishment of the manufacturer's service instructions.
    The FAA agrees with the commenter that STC ST01518SE and STC 
ST01920SE do not affect the accomplishment of the manufacturer's 
service instructions. Therefore, the installation of STC ST01518SE or 
STC ST01920SE does not affect the ability to accomplish the actions 
required by this AD. The FAA has not changed this AD in this regard.

Request To Reduce Compliance Time

    The Air Line Pilots Association, International (ALPA) requested the 
compliance time in the proposed AD be shortened from within 36 months 
after the effective date of this AD to within 24 months after the 
effective date of this AD for all airplanes. The ALPA stated that it 
agrees with the intent of the proposed AD, but does not agree that a 
36-month compliance time is sufficient when considering the publication 
dates of the service information, the low estimated time to complete 
the repairs, and the high risk associated with inaccurate AOA readings 
and nuisance stick shaker indications.
    The FAA does not agree with the request. The FAA has determined 
that the compliance time specified in this AD for each airplane model 
will accommodate the time necessary to accomplish the actions required 
by this AD and maintain an adequate level of safety. In addition, the 
commenter did not provide adequate data to justify a shortened 
compliance time. Lastly, the suggested compliance time change would 
alter the requirements of this AD to be more restrictive, so additional 
rulemaking would be required, ultimately delaying issuance of the AD. 
The FAA finds that delaying this action is inappropriate in light of 
the identified unsafe condition. However, if additional data are 
presented that would justify a shorter compliance time, the FAA may 
consider further rulemaking on this issue. The FAA has not changed this 
AD in this regard.

Request To Extend Compliance Time

    American Airlines (AAL) and United Airlines (UAL) requested that 
the FAA extend the compliance time for the Boeing Model 767 fleet from 
within 36 months or 3,470 flight hours (FH) after the effective date of 
this AD, whichever occurs first, to match the compliance time of the 
Boeing Model 757 fleet, which is within 36 months or 9,960 FH after the 
effective date of this AD, whichever occurs first. AAL reasoned that 
the Boeing Model 757 and 767 fleets share the same parts for both the 
AOA sensors and air data computers and operate similar missions with 
similar cold-soak times on the AOA vanes, and argued that the risk 
should be the same. AAL asserted that matching the FH compliance times 
will ensure that accomplishing this proposed AD can be effectively and 
economically planned, while allowing for the components to be handled 
the same regardless of fleet. AAL concluded this

[[Page 71780]]

method would maintain an equivalent level of safety.
    UAL also pointed out that UAL's Boeing Model 757 and 767 fleets are 
equipped with equivalent AOA sensors and air data computers, and the 
operation and cold-soak times of the AOA sensors are the same. UAL 
argued that changing the FH compliance time for Model 767 airplanes to 
match the FH compliance time for Model 757 airplanes would provide an 
equivalent level of safety, stating that the AOA sensors of both 
airplane models are exposed to the same adverse conditions in the air 
and on the ground.
    The FAA does not agree with the request. The FAA has determined 
that the flight-hour compliance times identified in the service 
information, without a time threshold, will not ensure that the 
identified unsafe condition is addressed in a timely manner. In 
developing an appropriate compliance time for this AD, the FAA 
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, the FAA finds 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. However, under the provisions of paragraph (j) of 
this AD, the FAA will consider requests for approval of an extension of 
the compliance time if sufficient data are submitted to substantiate 
that the new compliance time would provide an acceptable level of 
safety. The FAA has not changed the AD in this regard.

Request To Include Records Review

    All Nippon Airways (ANA) requested that the FAA add a statement to 
the proposed AD that allows a review of the airplane maintenance 
records for the part number (P/N) of the AOA sensor, if the P/N of the 
AOA sensor can be conclusively determined from that review. ANA stated 
that they have installed AOA sensor P/N 0861FL1 (new Boeing P/N 
S233T913-5) on their Boeing Model 767 fleet because it began 
accomplishing Boeing Alert Service Bulletin 767-34A0828, dated December 
6, 2018, since the issue date of the service information. ANA argued 
that the proposed AD would require them to repeat accomplishment of 
Boeing Alert Service Bulletin 767-34A0828, dated December 6, 2018. ANA 
stated that it manages the P/N of the AOA sensor within its airplane 
maintenance records, and the installation of the new AOA sensor P/N 
0861FL1 (new Boeing P/N S233T913-5) on each airplane can be traced by 
reviewing its airplane maintenance records.
    The FAA agrees with the commenter's request to add a records 
review. The FAA has added paragraph (h)(2) to this AD to allow a review 
of airplane maintenance records in lieu of the inspections for the AOA 
sensor P/Ns. The FAA also notes that paragraph (f) of this AD states to 
accomplish the required actions within the compliance times specified, 
``unless already done.'' Therefore, if operators have accomplished the 
actions required for compliance with this AD before the effective date 
of this AD and have records that show the actions were done as 
specified in the AD, no further action is necessary.

Request To Reference Later Revisions of Service Information

    AAL requested that the applicability, required actions, and 
exceptions to service information in the proposed AD be revised to 
include any future FAA approved revisions of service information. AAL 
requested that the FAA add the phrase ``or later FAA approved 
revisions'' to Boeing Alert Service Bulletin 757-34A0611, Revision 1, 
dated March 22, 2019; and Boeing Alert Service Bulletin 767-34A0828, 
dated December 6, 2018. AAL suggested that any requirement that 
references service information would state, for example, ``Boeing Alert 
Service Bulletin 757-34A0611, Revision 1, dated March 22, 2019, or 
later FAA approved revisions.'' AAL argued that allowing later FAA 
approved revisions of service information would avoid extra work and 
delays in implementation required for an alternative method of 
compliance (AMOC) approval should either service information require a 
revision due to an error or omission of data.
    The FAA does not agree with the request. The FAA may not refer to 
any document that does not yet exist. In general terms, the FAA is 
required by Office of the Federal Register (OFR) regulations for 
approval of materials incorporated by reference, as specified in 1 CFR 
51.1(f), to either publish the service document contents as part of the 
actual AD language; or submit the service document to the OFR for 
approval as referenced material, in which case the FAA may only refer 
to such material in the text of an AD. The AD may refer to the service 
document only if the OFR approved it for incorporation by reference. 
See 1 CFR part 51.
    To allow operators to use later revisions of the referenced 
document (issued after publication of the AD), either the FAA must 
revise the AD to reference specific later revisions, or operators must 
request approval to use later revisions as an AMOC with this AD under 
the provisions of paragraph (j) of this AD.

Request To Clarify the Impact of Case Heaters on Unsafe Condition

    The commenter, Alan Peterson, FedEx, stated that the proposed AD 
does not address the possibility that the case heaters within the AOA 
sensor may be contributing to the unsafe condition, noting specifically 
that the proposed AD does not address the case heaters within the AOA 
sensors for Captain and First officer positions on FedEx's large fleet 
of Boeing Model 757 and 767 airplanes. The commenter pointed out that 
the case heaters keep the dampening fluid inside the body of the AOA 
sensor from getting cold-soaked in flight and on the ground. The 
commenter explained that the wiring of the case heater is in parallel 
with the AOA vane heater, so in a scenario where the case heater fails, 
the AOA sensor vane would continue working, but the AOA sensor would 
become slow to move once it becomes cold-soaked due to the lack of heat 
from the case heater within the AOA sensor. The commenter described 
this as a critical oversight in the proposed AD because both the case 
heater and the AOA vane heater must work correctly for the AOA vanes to 
function properly.
    The commenter stated that, in his experience, an operator may check 
the resistance of the case heater wiring on both AOA sensor vanes to 
verify that it is within the tolerance specified by the component 
maintenance manual (CMM) and verify the wiring is not burnt due to an 
open circuit. The commenter stated that this check was accomplished on 
the Boeing Model 757 and 767 fleet, and, if a discrepancy was 
discovered during the resistance check or revealed evidence of an open 
circuit in the case heater, the AOA vane would then be replaced. The 
commenter noted that a malfunction with the case heater would not be 
registered by the engine-indicating and crew-alerting system (EICAS) 
because the system only monitors the AOA vane heaters, and suggested 
that a malfunctioning case heater could affect reactive windshear, 
reduced vertical separation minimum (RVSM), and stall warning. The FAA 
infers that the commenter is requesting that the FAA clarify the impact 
of case heaters within the AOA sensors on the unsafe condition.

[[Page 71781]]

    The FAA agrees to clarify. One of the specific mitigating design 
changes in this AD is the position of the case heater. Although the 
case heaters in the AOA vane assembly are not specifically mentioned in 
the preamble of the proposed AD, the new AOA sensors with supplier P/N 
0861FL1 (new Boeing P/N S233T913-5) have a repositioned case heater 
specifically designed to mitigate the unsafe condition of moisture 
build-up and freezing. AOA sensors with supplier P/N 2566A-21 (new 
Boeing P/N 10-60878-3), 2566A-30 (new Boeing P/N 10-60878-4), and 
0861FL (new Boeing P/N S233T913-4), mitigate the unsafe condition using 
an improved vane design. The FAA has not changed the AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the changes described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Service Bulletin 727-34A0247, 
Revision 1, dated October 1, 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 certain AOA sensors, 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.

Costs of Compliance

    The FAA estimates that this AD affects 1,287 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                   Cost on U.S.
            Action                Labor cost           Parts cost           Cost per  product       operators
----------------------------------------------------------------------------------------------------------------
Inspection...................  1 work-hour x     $0....................  $85...................  $109,395.
                                $85 per hour =
                                $85.
Replacement..................  Up to 3 work-     Up to $54,000.........  Up to $54,255.........  Up to
                                hours x $85 per                                                   $69,826,185.
                                hour = Up to
                                $255.
----------------------------------------------------------------------------------------------------------------

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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2019-24-18 The Boeing Company: Amendment 39-21007; Docket No. FAA-
2019-0252; Product Identifier 2019-NM-048-AD.

(a) Effective Date

    This AD is effective February 3, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company airplanes, identified in 
paragraphs (c)(1) through (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, Revision 1, dated October 1, 2019; except for airplanes 
having variable numbers QB065, QD191, QD192, QD402, QD403, QD407, 
and QD410.
    (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.

[[Page 71782]]

    (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. The FAA is 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, Revision 1, dated October 1, 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, Revision 1, dated October 
1, 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

    (1) Where Boeing Alert Service Bulletin 727-34A0247, Revision 1, 
dated October 1, 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.''
    (2) Where Boeing Alert Service Bulletin 727-34A0247, Revision 1, 
dated October 1, 2019; Boeing Alert Service Bulletin 757-34A0611, 
Revision 1, dated March 22, 2019; or Boeing Alert Service Bulletin 
767-34A0828, dated December 6, 2018; specify to accomplish a general 
visual inspection of the AOA sensors and to replace affected AOA 
sensors, a review of the airplane maintenance records is acceptable 
in lieu of those actions if the part number of the installed AOA 
sensors can be conclusively determined during that review to have a 
new or serviceable AOA sensor part number identified in Boeing Alert 
Service Bulletin 727-34A0247, Revision 1, dated October 1, 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.

(i) Credit for Previous Actions

    This paragraph provides credit for actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert Service Bulletin 727-
34A0247, dated January 2, 2019.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority 
to approve AMOCs for this AD, if requested using the procedures 
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your 
request to your principal inspector or local Flight Standards 
District Office, as appropriate. If sending information directly to 
the manager of the certification office, send it to the attention of 
the person identified in paragraph (k) 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 paragraphs 
(j)(4)(i) and (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.

(k) Related Information

    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].

(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 Service Bulletin 727-34A0247, Revision 1, dated 
October 1, 2019.
    (ii) Boeing Alert Service Bulletin 757-34A0611, Revision 1, 
dated March 22, 2019.
    (iii) Boeing Alert Service Bulletin 767-34A0828, dated December 
6, 2018.
    (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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on December 9, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-27887 Filed 12-27-19; 8:45 am]
BILLING CODE 4910-13-P