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