Airworthiness Directives; The Boeing Company Airplanes, 14241-14244 [2021-05253]

Download as PDF Federal Register / Vol. 86, No. 48 / Monday, March 15, 2021 / Rules and Regulations 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) Airbus Helicopters Alert Service Bulletin (ASB) No. AS332–56.00.10, Revision 0, dated July 16, 2015. (ii) Airbus Helicopters ASB No. EC155– 56A006, Revision 0, dated August 10, 2015. (iii) Airbus Helicopters ASB No. EC225– 56A008, Revision 0, dated July 16, 2015. (iv) Airbus Helicopters ASB No. SA330– 56.02, Revision 0, dated August 10, 2015. (3) For service information identified in this AD, contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052; telephone (972) 641–0000 or (800) 232–0323; fax (972) 641–3775; or at https:// www.airbus.com/helicopters/services/ technical-support.html. (4) You may view this service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222–5110. (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 on February 18, 2021. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–05144 Filed 3–12–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2020–0903; Project Identifier AD–2020–00957–T; Amendment 39–21454; AD 2021–05–11] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2017–26– 10, which applied to certain The Boeing Company Model 757 airplanes. AD 2017–26–10 required deactivating the spoiler control module (SCM) relays and capping and stowing the associated wiring on certain airplanes. This AD requires repetitive operational tests of the spoiler inhibit function. For certain khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:55 Mar 12, 2021 Jkt 253001 airplanes, this AD requires installing a new relay bracket assembly, making changes to the wire bundles for certain SCMs, installing new SCMs, measuring the clearance between a wire bundle and the top of the new relay bracket assembly, and applicable on-condition actions. For a certain other airplane, this AD requires changing certain wire bundles. This AD was prompted by reports of unwanted lateral oscillations during landing operations, and the development of wiring changes for certain SCMs, which will improve the lateral handling qualities of the airplane during approach and landing. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective April 19, 2021. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 19, 2021. 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, Airworthiness Products Section, Operational Safety 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 at https:// www.regulations.gov by searching for and locating Docket No. FAA–2020– 0903. Examining the AD Docket You may examine the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2020–0903; 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, 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: Katherine Venegas, Aerospace Engineer, Cabin Safety and Environmental Systems Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627–5353; fax: 562–627– 5210; email: Katherine.Venegas@ faa.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 14241 Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2017–26–10, Amendment 39–19141 (82 FR 61675, December 29, 2017) (AD 2017–26–10). AD 2017–26–10 applied to certain The Boeing Company Model 757 airplanes. The NPRM published in the Federal Register on October 13, 2020 (85 FR 64419). The NPRM was prompted by reports of unwanted lateral oscillations during landing operations, and the development of wiring changes for certain SCMs, which will improve the lateral handling qualities of the airplane during approach and landing. The NPRM proposed to require repetitive operational tests of the spoiler inhibit function. For certain airplanes, the NPRM proposed to require installing a new relay bracket assembly, making changes to the wire bundles for certain SCMs, installing new SCMs, measuring the clearance between a wire bundle and the top of the new relay bracket assembly, and applicable on-condition actions. For a certain other airplane, the NPRM proposed to require changing certain wire bundles. The FAA is issuing this AD to address unwanted lateral oscillations during landing operations, which could cause overcontrol of the airplane and subsequent lateral pilot induced oscillation, which could affect continued safe flight and landing. Comments The FAA gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA’s response to each comment. Support for the NPRM An anonymous commenter, FedEx Express, and United Airlines (UAL) stated their support for the NPRM. An additional comment from UAL is addressed below. Effect of Winglets on Accomplishment of the Proposed Actions Aviation Partners Boeing stated that the installation of winglets per Supplemental Type Certificate (STC) ST01518SE does not affect the accomplishment of the proposed actions. The FAA agrees with the commenter that STC ST01518SE does not affect the ability to accomplish the actions required by this AD. The FAA has not changed this AD in this regard. E:\FR\FM\15MRR1.SGM 15MRR1 14242 Federal Register / Vol. 86, No. 48 / Monday, March 15, 2021 / Rules and Regulations Request To Revise Certain Language in the NPRM Boeing requested that the FAA revise certain language in the NPRM. Boeing stated that in the Discussion section of the NPRM, it suggested to revise the last sentence as follows: ‘‘The FAA issued AD 2017–26–10 to address a failure condition that can cause uncommanded spoiler movement resulting in loss of controllability of the airplane.’’ Boeing commented that the change is justified based on the original safety determination of Continued Operational Safety Program (COSP) 2017–0373. Boeing also stated that in the Actions Since AD 2017–26–10 Was Issued section of the NPRM, it suggested that the FAA add the following sentence: ‘‘This change provides the equivalent lateral handling quality improvements during approach and landing as AD 2015–08–01, but with a new design implementation.’’ Boeing commented that the change is justified based on the mitigating design for COSP 2018–0094. The FAA acknowledges the commenter’s request and agrees the proposed wording provides clarity and more closely aligns with the COSP recommendations. However those sections are not carried over into this final rule. The FAA has not changed this AD in this regard. Request To Use Later Revisions of the Service Information UAL requested that the proposed AD be revised to allow for the use of later revisions of the service information in either paragraph (g) of the proposed AD (Required Actions) or in paragraph (h) of the proposed AD (Exceptions to Service Information Specifications). The FAA disagrees with the commenter’s request. The FAA may not in an AD 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 alternative method of compliance with this AD under the provisions of paragraph (j) of this AD. Clarification of Steps in the Service Information Boeing contacted the FAA and stated that there is an error in Boeing Alert Requirements Bulletin 757–27A0158 RB, dated July 9, 2020, and that the service information would be revised. Boeing stated that the reason for the service information revision is that step 2 in the figure 4 table incorrectly states to drill six holes, while the graphic in figure 4 accurately shows to only drill two holes. The FAA has added paragraph (h)(2) of this AD to state, ‘‘Where Boeing Alert Requirements Bulletin 757–27A0158 RB, dated July 9, 2020, specifies in figure 4 (sheet 3 of 3), step 2, to drill a quantity of six holes, this AD requires drilling two holes.’’ The FAA has also moved the content of paragraph (h) of the proposed AD to paragraph (h)(1) of this AD. Conclusion The FAA reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD 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 AD. Related Service Information Under 1 CFR Part 51 The FAA reviewed Boeing Alert Requirements Bulletin 757–27A0158 RB, dated July 9, 2020. This service information describes procedures for installing a new relay bracket assembly, making changes to the wire bundles for the SCMs, installing new SCMs, measuring the clearance between a wire bundle and the top of new relay bracket assembly, changing certain wire bundles, repetitive operational tests of the spoiler inhibit function, and applicable on-condition actions. Oncondition actions include installing a new protective sleeve, heat shrinkable to the wire bundle, doing a landing configurations warning module landing flap tests, and doing a system test for the SCMs. 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 626 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Action Labor cost 105 work-hours × $85 per hour = $8,925. 9 work-hours × $85 per hour = $765. 5 work-hours × $85 per hour = $425 per test cycle. Installations, measurement, and wire bundle changes (groups 1–22; 625 airplanes). Wire bundle change (group 23; 1 airplane) khammond on DSKJM1Z7X2PROD with RULES Operational test (all groups; 626 airplanes) The FAA estimates the following costs to do any necessary on-condition VerDate Sep<11>2014 15:55 Mar 12, 2021 Jkt 253001 Parts cost Cost per product Up to $7,230 ........... Up to $16,155 ......... Up to $10,096,875. $160 ........................ $925 ........................ $925. $0 ............................ $425 per test cycle $266,050 per test cycle. actions that would be required. The FAA has no way of determining the PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Cost on U.S. operators number of aircraft that might need these on-condition actions: E:\FR\FM\15MRR1.SGM 15MRR1 Federal Register / Vol. 86, No. 48 / Monday, March 15, 2021 / Rules and Regulations 14243 ESTIMATED COSTS OF ON-CONDITION COSTS Action Labor cost Installation and testing .................................................. 8 work-hour × $85 per hour = $680 ............................. Cost per product Parts cost *$ $840 * The FAA has received no definitive data on the parts cost for the on-condition installation specified in this AD. 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. Regulatory Findings The FAA has determined that 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. khammond on DSKJM1Z7X2PROD with RULES 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: VerDate Sep<11>2014 15:55 Mar 12, 2021 Jkt 253001 PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by: a. Removing Airworthiness Directive (AD) 2017–26–10, Amendment 39– 19141 (82 FR 61675, December 29, 2017); and ■ b. Adding the following new AD: ■ ■ 2021–05–11 The Boeing Company: Amendment 39–21454 ; Docket No. FAA–2020–0903; Project Identifier AD– 2020–00957–T. (a) Effective Date This airworthiness directive (AD) is effective April 19, 2021. (b) Affected ADs This AD replaces AD 2017–26–10, Amendment 39–19141 (82 FR 61675, December 29, 2017). (c) Applicability This AD applies to The Boeing Company Model 757–200, –200PF, –200CB, and –300 series airplanes, certificated in any category, as identified in Boeing Alert Requirements Bulletin 757–27A0158 RB, dated July 9, 2020. (d) Subject Air Transport Association (ATA) of America Code 27, Flight controls. (e) Unsafe Condition This AD was prompted by reports of unwanted lateral oscillations during landing operations, and the development of wiring changes for certain spoiler control modules (SCMs), which will improve the lateral handling qualities of the airplane during approach and landing. The FAA is issuing this AD to address unwanted lateral oscillations during landing operations, which could cause over-control of the airplane and subsequent lateral pilot induced oscillation, which could affect continued safe flight and landing. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions Except as specified by paragraph (h) of this AD: At the applicable times specified in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 757–27A0158 RB, PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 dated July 9, 2020, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757–27A0158 RB, dated July 9, 2020. Note 1 to paragraph (g): Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 757–27A0158, dated July 9, 2020, which is referred to in Boeing Alert Requirements Bulletin 757–27A0158 RB, dated July 9, 2020. (h) Exceptions to Service Information Specifications (1) Where Boeing Alert Requirements Bulletin 757–27A0158 RB, dated July 9, 2020, uses the phrase ‘‘the original issue date of the Requirements Bulletin 757–27A0158 RB,’’ this AD requires using ‘‘the effective date of this AD.’’ (2) Where Boeing Alert Requirements Bulletin 757–27A0158 RB, dated July 9, 2020, specifies in figure 4 (sheet 3 of 3), step 2, to drill a quantity of six holes, this AD requires drilling two holes. (i) Minimum Equipment List (MEL) In the event that the spoiler inhibit function (SIF) system as modified by this AD is inoperable, an airplane may be operated as specified in the operator’s existing FAAapproved MEL, provided the operator’s existing FAA-approved MEL includes provisions that address the modified SIF system. (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 responsible Flight Standards 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)(1) of this AD. Information may be emailed to: 9ANM-LAACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards 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. E:\FR\FM\15MRR1.SGM 15MRR1 14244 Federal Register / Vol. 86, No. 48 / Monday, March 15, 2021 / Rules and Regulations (4) AMOCs approved previously for AD 2017–26–10 are approved as AMOCs for the corresponding provisions of this AD. (k) Related Information (1) For more information about this AD, contact Katherine Venegas, Aerospace Engineer, Cabin Safety and Environmental Systems Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627– 5353; fax: 562–627–5210; email: Katherine.Venegas@faa.gov. (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (l)(3) and (4) of this AD. (l) Material Incorporated by Reference Issued on February 21, 2021. Ross Landes, Deputy Director for Regulatory Operations, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–05253 Filed 3–12–21; 8:45 am] BILLING CODE 4910–13–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 14 CFR Parts 1264 and 1271 RIN 2700–AE60 (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Boeing Alert Requirements Bulletin 757–27A0158 RB, dated July 9, 2020. (ii) [Reserved] (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; internet https:// www.myboeingfleet.com. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety 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:// khammond on DSKJM1Z7X2PROD with RULES www.archives.gov/federal-register/cfr/ibrlocations.html. [Document Number NASA–21–005: Docket Number NASA–2021–001] Federal Civil Monetary Penalties Inflation Adjustment for 2021 National Aeronautics and Space Administration. ACTION: Final rule. AGENCY: The National Aeronautics and Space Administration (NASA) has adopted a final rule making inflation adjustments to civil monetary penalties within its jurisdiction. This final rule represents the annual 2021 inflation adjustments of monetary penalties. These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. SUMMARY: This final rule is effective March 15, 2021. FOR FURTHER INFORMATION CONTACT: Bryan R. Diederich, Office of the General Counsel, NASA Headquarters, telephone (202) 358–0216. DATES: SUPPLEMENTARY INFORMATION: I. Background The Inflation Adjustment Act, as amended by the 2015 Act, required Federal agencies to adjust the civil penalty amounts within their jurisdiction for inflation by July 1, 2016. Subsequent to the 2016 adjustment, Federal agencies were required to make an annual inflation adjustment by January 15 every year thereafter.1 Under the amended Act, any increase in a civil penalty made under the Act will apply to penalties assessed after the increase takes effect, including penalties whose associated violation predated the increase.2 The inflation adjustments mandated by the Act serve to maintain the deterrent effect of civil penalties and to promote compliance with the law. Pursuant to the Act, adjustments to the civil penalties are required to be made by January 15 of each year. The annual adjustments are based on the percent change between the U.S. Department of Labor’s Consumer Price Index for All Urban Consumers (‘‘CPI– U’’) for the month of October preceding the date of the adjustment and the CPI– U for October of the prior year (28 U.S.C. 2461 note, section (5)(b)(1)). Based on that formula, the cost-of-living adjustment multiplier for 2020 is 1.01182. Pursuant to the 2015 Act, adjustments are rounded to the nearest dollar. II. The Final Rule This final rule makes the required adjustments to civil penalties for 2021. Applying the 2021 multiplier above, the adjustments for each penalty are summarized below. Penalty description Program Fraud Civil Remedies Act of 1986 ................ Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 319. Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 319. Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 319. Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 319. Maximum Penalties for False Claims ........................... Minimum Penalty for use of appropriated funds to lobby or influence certain contracts. $11,665 20,489 $11,803 20,731 Maximum Penalty for use of appropriated funds to lobby or influence certain contracts. 204,892 207,314 Minimum penalty for failure to report certain lobbying transactions. 20,489 20,731 Maximum penalty for failure to report certain lobbying transactions. 204,892 207,314 1 See 28 U.S.C. 2461 note. VerDate Sep<11>2014 17:09 Mar 12, 2021 2020 penalty Penalty adjusted for 2021 Law 2 Inflation Adjustment Act section 6, codified at 28 U.S.C. 2461 note. Jkt 253001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\15MRR1.SGM 15MRR1

Agencies

[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Rules and Regulations]
[Pages 14241-14244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05253]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0903; Project Identifier AD-2020-00957-T; 
Amendment 39-21454; AD 2021-05-11]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-26-
10, which applied to certain The Boeing Company Model 757 airplanes. AD 
2017-26-10 required deactivating the spoiler control module (SCM) 
relays and capping and stowing the associated wiring on certain 
airplanes. This AD requires repetitive operational tests of the spoiler 
inhibit function. For certain airplanes, this AD requires installing a 
new relay bracket assembly, making changes to the wire bundles for 
certain SCMs, installing new SCMs, measuring the clearance between a 
wire bundle and the top of the new relay bracket assembly, and 
applicable on-condition actions. For a certain other airplane, this AD 
requires changing certain wire bundles. This AD was prompted by reports 
of unwanted lateral oscillations during landing operations, and the 
development of wiring changes for certain SCMs, which will improve the 
lateral handling qualities of the airplane during approach and landing. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective April 19, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 19, 
2021.

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, Airworthiness Products Section, Operational Safety 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 at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0903.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0903; 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, 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: Katherine Venegas, Aerospace Engineer, 
Cabin Safety and Environmental Systems Section, FAA, Los Angeles ACO 
Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5353; fax: 562-627-5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2017-26-10, Amendment 39-19141 (82 FR 
61675, December 29, 2017) (AD 2017-26-10). AD 2017-26-10 applied to 
certain The Boeing Company Model 757 airplanes. The NPRM published in 
the Federal Register on October 13, 2020 (85 FR 64419). The NPRM was 
prompted by reports of unwanted lateral oscillations during landing 
operations, and the development of wiring changes for certain SCMs, 
which will improve the lateral handling qualities of the airplane 
during approach and landing. The NPRM proposed to require repetitive 
operational tests of the spoiler inhibit function. For certain 
airplanes, the NPRM proposed to require installing a new relay bracket 
assembly, making changes to the wire bundles for certain SCMs, 
installing new SCMs, measuring the clearance between a wire bundle and 
the top of the new relay bracket assembly, and applicable on-condition 
actions. For a certain other airplane, the NPRM proposed to require 
changing certain wire bundles. The FAA is issuing this AD to address 
unwanted lateral oscillations during landing operations, which could 
cause over-control of the airplane and subsequent lateral pilot induced 
oscillation, which could affect continued safe flight and landing.

Comments

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

Support for the NPRM

    An anonymous commenter, FedEx Express, and United Airlines (UAL) 
stated their support for the NPRM. An additional comment from UAL is 
addressed below.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
per Supplemental Type Certificate (STC) ST01518SE does not affect the 
accomplishment of the proposed actions.
    The FAA agrees with the commenter that STC ST01518SE does not 
affect the ability to accomplish the actions required by this AD. The 
FAA has not changed this AD in this regard.

[[Page 14242]]

Request To Revise Certain Language in the NPRM

    Boeing requested that the FAA revise certain language in the NPRM. 
Boeing stated that in the Discussion section of the NPRM, it suggested 
to revise the last sentence as follows: ``The FAA issued AD 2017-26-10 
to address a failure condition that can cause uncommanded spoiler 
movement resulting in loss of controllability of the airplane.'' Boeing 
commented that the change is justified based on the original safety 
determination of Continued Operational Safety Program (COSP) 2017-0373.
    Boeing also stated that in the Actions Since AD 2017-26-10 Was 
Issued section of the NPRM, it suggested that the FAA add the following 
sentence: ``This change provides the equivalent lateral handling 
quality improvements during approach and landing as AD 2015-08-01, but 
with a new design implementation.'' Boeing commented that the change is 
justified based on the mitigating design for COSP 2018-0094.
    The FAA acknowledges the commenter's request and agrees the 
proposed wording provides clarity and more closely aligns with the COSP 
recommendations. However those sections are not carried over into this 
final rule. The FAA has not changed this AD in this regard.

Request To Use Later Revisions of the Service Information

    UAL requested that the proposed AD be revised to allow for the use 
of later revisions of the service information in either paragraph (g) 
of the proposed AD (Required Actions) or in paragraph (h) of the 
proposed AD (Exceptions to Service Information Specifications).
    The FAA disagrees with the commenter's request. The FAA may not in 
an AD 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 alternative method of 
compliance with this AD under the provisions of paragraph (j) of this 
AD.

Clarification of Steps in the Service Information

    Boeing contacted the FAA and stated that there is an error in 
Boeing Alert Requirements Bulletin 757-27A0158 RB, dated July 9, 2020, 
and that the service information would be revised. Boeing stated that 
the reason for the service information revision is that step 2 in the 
figure 4 table incorrectly states to drill six holes, while the graphic 
in figure 4 accurately shows to only drill two holes.
    The FAA has added paragraph (h)(2) of this AD to state, ``Where 
Boeing Alert Requirements Bulletin 757-27A0158 RB, dated July 9, 2020, 
specifies in figure 4 (sheet 3 of 3), step 2, to drill a quantity of 
six holes, this AD requires drilling two holes.'' The FAA has also 
moved the content of paragraph (h) of the proposed AD to paragraph 
(h)(1) of this AD.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this AD 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 AD.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 757-27A0158 RB, 
dated July 9, 2020. This service information describes procedures for 
installing a new relay bracket assembly, making changes to the wire 
bundles for the SCMs, installing new SCMs, measuring the clearance 
between a wire bundle and the top of new relay bracket assembly, 
changing certain wire bundles, repetitive operational tests of the 
spoiler inhibit function, and applicable on-condition actions. On-
condition actions include installing a new protective sleeve, heat 
shrinkable to the wire bundle, doing a landing configurations warning 
module landing flap tests, and doing a system test for the SCMs. 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 626 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
----------------------------------------------------------------------------------------------------------------
Installations, measurement, and   105 work-hours x    Up to $7,230......  Up to $16,155.....  Up to $10,096,875.
 wire bundle changes (groups 1-    $85 per hour =
 22; 625 airplanes).               $8,925.
Wire bundle change (group 23; 1   9 work-hours x $85  $160..............  $925..............  $925.
 airplane).                        per hour = $765.
Operational test (all groups;     5 work-hours x $85  $0................  $425 per test       $266,050 per test
 626 airplanes).                   per hour = $425                         cycle.              cycle.
                                   per test cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required. The FAA has no way of 
determining the number of aircraft that might need these on-condition 
actions:

[[Page 14243]]



                                      Estimated Costs of On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Installation and testing......................  8 work-hour x $85 per hour =                 * $            $840
                                                 $680.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on the parts cost for the on-condition installation specified in this
  AD.

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.

Regulatory Findings

    The FAA has determined that 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:
0
a. Removing Airworthiness Directive (AD) 2017-26-10, Amendment 39-19141 
(82 FR 61675, December 29, 2017); and
0
b. Adding the following new AD:

2021-05-11 The Boeing Company: Amendment 39-21454 ; Docket No. FAA-
2020-0903; Project Identifier AD-2020-00957-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 19, 2021.

(b) Affected ADs

    This AD replaces AD 2017-26-10, Amendment 39-19141 (82 FR 61675, 
December 29, 2017).

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200PF, -
200CB, and -300 series airplanes, certificated in any category, as 
identified in Boeing Alert Requirements Bulletin 757-27A0158 RB, 
dated July 9, 2020.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Unsafe Condition

    This AD was prompted by reports of unwanted lateral oscillations 
during landing operations, and the development of wiring changes for 
certain spoiler control modules (SCMs), which will improve the 
lateral handling qualities of the airplane during approach and 
landing. The FAA is issuing this AD to address unwanted lateral 
oscillations during landing operations, which could cause over-
control of the airplane and subsequent lateral pilot induced 
oscillation, which could affect continued safe flight and landing.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Alert Requirements Bulletin 757-27A0158 RB, dated July 9, 2020, do 
all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
757-27A0158 RB, dated July 9, 2020.
    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
757-27A0158, dated July 9, 2020, which is referred to in Boeing 
Alert Requirements Bulletin 757-27A0158 RB, dated July 9, 2020.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Requirements Bulletin 757-27A0158 RB, 
dated July 9, 2020, uses the phrase ``the original issue date of the 
Requirements Bulletin 757-27A0158 RB,'' this AD requires using ``the 
effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 757-27A0158 RB, 
dated July 9, 2020, specifies in figure 4 (sheet 3 of 3), step 2, to 
drill a quantity of six holes, this AD requires drilling two holes.

(i) Minimum Equipment List (MEL)

    In the event that the spoiler inhibit function (SIF) system as 
modified by this AD is inoperable, an airplane may be operated as 
specified in the operator's existing FAA-approved MEL, provided the 
operator's existing FAA-approved MEL includes provisions that 
address the modified SIF system.

(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 responsible Flight Standards 
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)(1) of this AD. Information may be 
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards 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.

[[Page 14244]]

    (4) AMOCs approved previously for AD 2017-26-10 are approved as 
AMOCs for the corresponding provisions of this AD.

(k) Related Information

    (1) For more information about this AD, contact Katherine 
Venegas, Aerospace Engineer, Cabin Safety and Environmental Systems 
Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, 
Lakewood, CA 90712-4137; phone: 562-627-5353; fax: 562-627-5210; 
email: [email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (4) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin 757-27A0158 RB, dated 
July 9, 2020.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety 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 on February 21, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-05253 Filed 3-12-21; 8:45 am]
BILLING CODE 4910-13-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.