Airworthiness Directives; The Boeing Company Airplanes, 33116-33119 [2021-13124]
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (j) of this
AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Seattle ACO Branch, FAA, to make
those findings. To be approved, the repair
method, modification deviation, or alteration
deviation must meet the certification basis of
the airplane, and the approval must
specifically refer to this AD.
(4) AMOCs approved previously for AD
2016–25–29 are approved as AMOCs for the
corresponding provisions of Boeing Special
Attention Service Bulletin 767–25–0550,
Revision 1, dated December 4, 2019, that are
required by paragraph (g) of this AD.
(5) For service information that contains
steps that are labeled as Required for
Compliance (RC), the provisions of
paragraphs (i)(5)(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.
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(j) Related Information
For more information about this AD,
contact Julie Linn, Aerospace Engineer,
Cabin Safety and Environmental Systems
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3584; email:
Julie.Linn@faa.gov.
(k) 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 Special Attention Service
Bulletin 767–25–0550, Revision 1, dated
December 4, 2019.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Boeing Commercial
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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://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on June 3, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–13097 Filed 6–23–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–1028; Project
Identifier AD–2020–00978–T; Amendment
39–21599; AD 2021–12–12]
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 all The
Boeing Company Model 717–200
airplanes. This AD was prompted by a
report of discrepant spoiler assemblies,
which have the wrong splice bar
installed and lack reinforcing doublers,
and by reports that some splice bars
were shipped for installation on Model
717–200 airplanes, although they were
not eligible for installation on Model
717–200 airplanes and were identified
incorrectly with the Model 717–200
splice bar part number. This AD
requires a one-time inspection of the
left- and right-wing inboard and
outboard spoiler assemblies, for the
correct configuration of the splice bar
and doublers, and repair or replacement
if necessary. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective July 29,
2021.
The Director of the Federal Register
approved the incorporation by reference
SUMMARY:
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of a certain publication listed in this AD
as of July 29, 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–
1028.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–1028; 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:
Mohit Garg, Aerospace Engineer,
Airframe Section, FAA, Los Angeles
ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5264; fax: 562–627–
5210; email: mohit.garg@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all The Boeing Company Model
717–200 airplanes. The NPRM
published in the Federal Register on
December 29, 2020 (85 FR 85559). The
NPRM was prompted by a report of
discrepant spoiler assemblies, which
have the wrong splice bar installed and
lack reinforcing doublers, and by reports
that some splice bars were shipped for
installation on Model 717–200
airplanes, although they were not
eligible for installation on Model 717–
200 airplanes and were identified
incorrectly with the Model 717–200
splice bar part number. In the NPRM,
the FAA proposed to require a one-time
inspection of the left- and right-wing
inboard and outboard spoiler assemblies
for the correct splice bar and doublers
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configuration, and repair if necessary.
The FAA is issuing this AD to address
splice bars which are not structurally
adequate, which can lead to failure of
the splice bar to keep the spoiler drive
link engaged, and could result in spoiler
float and consequent reduced
controllability of the airplane.
Discussion of Final Airworthiness
Directive
Comments
The FAA received comments from
The Air Line Pilots Association,
International (ALPA) and Boeing, who
supported the NPRM without change.
The FAA received comments from
two additional commenters, Delta Air
Lines (Delta) and Hawaiian Airlines.
The following presents the comments
received on the NPRM and the FAA’s
response to each comment.
Request To Revise Compliance Time
Delta asked that the compliance time
of the proposed AD be changed to 27
months of ‘‘flying days’’ instead of
calendar days. Delta stated that
paragraph (g) of the proposed AD states,
in part, ‘‘At the applicable times
specified in the ‘‘Compliance’’
paragraph of Boeing Alert Requirements
Bulletin 717–57A0027 RB, dated June
26, 2020.’’ Delta noted that Paragraph
1.E., Compliance, of the referenced
service information requires a general
visual inspection for the correct splice
bar and doubler configuration within
6,400 flight hours or 27 months. Delta
added that because of the Covid-19
pandemic airlines have a large quantity
of aircraft in storage, so changing to
flight time would not affect the unsafe
condition.
The FAA does not agree with the
commenter’s request. In developing an
appropriate compliance time for this
action, the FAA considered the degree
of urgency associated with addressing
the subject unsafe condition, the
manufacturer’s recommendation for an
appropriate compliance time, and the
practical aspect of accomplishing the
required inspection within a period of
time that corresponds to the normal
scheduled maintenance for most
affected operators. In addition, the FAA
notes that some Model 717–200
airplanes may have been in service
during the pandemic and must comply
within the required compliance time.
Operators do have the option to inspect
the airplane before the first flight
following storage if the airplane is in
storage for more than 27 months.
However, under the provisions of
paragraph (k) 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.
Requests To Allow Alternative Methods
for Corrective Action
Hawaiian Airlines asked that
paragraph (h)(2) of the proposed AD,
which requires obtaining approval of an
alternative method of compliance
(AMOC) for repair of any discrepant
spoiler, be changed to add another
method: Removal and replacement of
the discrepant spoiler with a serviceable
spoiler that has the correct splice bar
and doublers using the procedure
specified in the Model 717 airplane
maintenance manual (AMM), Chapter
27–60–01. Hawaiian Airlines stated that
this would alleviate further out-ofservice time of the aircraft, and the
discrepant spoiler can be repaired offwing.
The FAA agrees with the commenter’s
request. The FAA has added paragraphs
(h)(2)(i) and (ii) of this AD to specify
that either repair using a method
approved in accordance with the
procedures specified in paragraph (k) of
this AD or replacement of any spoiler
assembly having an incorrect
configuration with a replacement
spoiler assembly is acceptable for
compliance with this AD. The FAA
notes that a replacement spoiler
assembly must have a correct
configuration as specified in Boeing
Alert Requirements Bulletin 717–
57A0027 RB, dated June 26, 2020. The
FAA has also added Note 2 to paragraph
(h)(2)(ii) to specify that guidance for
replacement can be found in Model 717
AMM, Chapter 27–60–01.
Delta requested the FAA provide an
approved method to correct the unsafe
condition by removing and discarding
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any non-blueprint parts and reassembling per original equipment
manufacturer (OEM) spoiler drawing
5940974–1/–2/–501/–502. Delta stated
that the OEM spoiler drawing was
acceptable for the type certification
basis for the Model 717–200 airplane
during assembly of the aircraft. Delta
added that restoring the spoiler to the
OEM blueprint would restore the part to
an approved configuration with the
unsafe condition removed.
The FAA disagrees with the
commenter’s request. An operator
cannot bring a discrepant spoiler
assembly back to the OEM correct
configuration without modifying the
underlying spoiler structure. Modifying
the spoiler assembly requires repair
instructions from the OEM. An operator
may request an AMOC under the
provisions of paragraph (k) of this AD.
Conclusion
The FAA reviewed the relevant data,
considered any comments received, and
determined that air safety requires
adopting this AD as proposed. Except
for minor editorial changes, and any
other changes described previously, this
AD is adopted as proposed in the
NPRM. None of the changes will
increase the economic burden on any
operator.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Alert
Requirements Bulletin 717–57A0027
RB, dated June 26, 2020. This service
information describes procedures for a
one-time general visual inspection of
the left- and right-wing inboard and
outboard spoiler assemblies for the
correct splice bar and doublers
configuration, and repair. 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 ADDRESSES.
Costs of Compliance
The FAA estimates that this AD
affects 114 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Inspection ..........
4 work-hours × $85 per hour = $340 ...........................................................
The FAA estimates the following
costs to do any necessary on-condition
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actions that would be required. The
FAA has no way of determining the
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Cost per
product
Parts cost
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$0
$340
Cost on U.S.
operators
$38,760
number of aircraft that might need these
on-condition actions:
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Up to 2 work-hour × $85 per hour = Up to $170 per spoiler assembly
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
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.
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List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
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Parts cost
Cost per product
$5,432 per spoiler assembly .........
Up to $5,602 per spoiler assembly.
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2021–12–12 The Boeing Company:
Amendment 39–21599; Docket No.
FAA–2020–1028; Project Identifier AD–
2020–00978–T.
(a) Effective Date
This airworthiness directive (AD) is
effective July 29, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing
Company Model 717–200 airplanes,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by a report of
discrepant spoiler assemblies, which have
the wrong splice bar installed and lack
reinforcing doublers. The FAA is issuing this
AD to address splice bars which are not
structurally adequate, which can lead to
failure of the splice bar to keep the spoiler
drive link engaged, and could result in
spoiler float and consequent reduced
controllability of the airplane.
(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 717–57A0027 RB,
dated June 26, 2020, do all applicable actions
identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert
Requirements Bulletin 717–57A0027 RB,
dated June 26, 2020.
Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin 717–57A0027, dated June 26, 2020,
which is referred to in Boeing Alert
Requirements Bulletin 717–57A0027 RB,
dated June 26, 2020.
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(h) Exceptions to Service Information
Specifications
(1) Where Boeing Alert Requirements
Bulletin 717–57A0027 RB, dated June 26,
2020, uses the phrase ‘‘the original issue date
of Requirements Bulletin 717–57A0027 RB,’’
this AD requires using ‘‘the effective date of
this AD.’’
(2) Where Boeing Alert Requirements
Bulletin 717–57A0027 RB, dated June 26,
2020, specifies contacting Boeing for repair
instructions: This AD requires doing the
actions specified in paragraph (h)(2)(i) or (ii)
of this AD before further flight.
(i) Repair using a method approved in
accordance with the procedures specified in
paragraph (k) of this AD.
(ii) Replace any spoiler assembly having
incorrect configuration with a replacement
spoiler assembly. A replacement spoiler
assembly must have a correct configuration
as specified in Boeing Alert Requirements
Bulletin 717–57A0027 RB, dated June 26,
2020.
Note 2 to paragraph (h)(2)(ii): Guidance for
replacing the spoiler assembly with the
correct configuration spoiler assembly can be
found in Model 717 Airplane Maintenance
Manual (AMM), Chapter 27–60–01.
(i) Credit for Previous Actions
This paragraph provides credit for the
actions specified in paragraph (g) of this AD,
if those actions were performed before the
effective date of this AD using Boeing Multi
Operator Message MOM–MOM–19–0572–
01B, dated October 16, 2019.
(j) Parts Installation Limitation
As of the effective date of this AD, no
person may install, on any airplane, any
affected spoiler assembly (a spoiler assembly
that does not have a splice bar having part
number 3914588–501 and two doublers
having part number 5940974–31), unless it
has been inspected and all applicable
corrective actions have been done as
specified in paragraph (g) of this AD.
(k) 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 (l)(1) of
this AD. Information may be emailed to:
9-ANM-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.
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(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.
(l) Related Information
(1) For more information about this AD,
contact Mohit Garg, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO
Branch, 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; phone: 562–627–
5264; fax: 562–627–5210; email: mohit.garg@
faa.gov.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (m)(3) and (4) of this AD.
(m) Material Incorporated by Reference
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(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
717–57A0027 RB, dated June 26, 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://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on June 3, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–13124 Filed 6–23–21; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 210617–0134]
RIN 0694–AI56
Addition of Certain Entities to the
Entity List
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
This final rule amends the
Export Administration Regulations
(EAR) by adding five entities to the
Entity List. These five entities have been
determined by the United States
Government to be acting contrary to the
foreign policy interests of the United
States and will be listed on the Entity
List under the destination of the
People’s Republic of China (China).
DATE: This rule is effective June 24,
2021.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Chair, End-User Review Committee,
Office of the Assistant Secretary, Export
Administration, Bureau of Industry and
Security, Department of Commerce,
Phone: (202) 482–5991, Email: ERC@
bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Entity List (supplement no. 4 to
part 744 of the EAR) identifies entities
reasonably believed to be involved in, or
to pose a significant risk of being or
becoming involved in, activities
contrary to the national security or
foreign policy interests of the United
States. The Export Administration
Regulations (EAR) (15 CFR parts 730–
774) impose additional license
requirements on, and limit the
availability of most license exceptions
for, exports, reexports, and transfers (in
country) to listed entities. The license
review policy for each listed entity is
identified in the ‘‘License review
policy’’ column on the Entity List, and
the impact on the availability of license
exceptions is described in the relevant
Federal Register document adding
entities to the Entity List. BIS places
entities on the Entity List pursuant to
part 744 (Control Policy: End-User and
End-Use Based) and part 746
(Embargoes and Other Special Controls)
of the EAR.
The End-User Review Committee
(ERC), composed of representatives of
the Departments of Commerce (Chair),
State, Defense, Energy and, where
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33119
appropriate, the Treasury, makes all
decisions regarding additions to,
removals from, or other modifications to
the Entity List. The ERC makes all
decisions to add an entry to the Entity
List by majority vote and makes all
decisions to remove or modify an entry
by unanimous vote.
ERC Entity List Decisions
Additions to the Entity List
This rule implements the decision of
the ERC to add five entities to the Entity
List. The five entities are being added
based on § 744.11 (License requirements
that apply to entities acting contrary to
the national security or foreign policy
interests of the United States) of the
EAR. The five entities are located in
China.
The ERC reviewed and applied
§ 744.11(b) (Criteria for revising the
Entity List) in making the determination
to add these five entities to the Entity
List. Under that paragraph, persons for
whom there is reasonable cause to
believe, based on specific and
articulable facts, that they have been
involved, are involved, or pose a
significant risk of being or becoming
involved in, activities that are contrary
to the national security or foreign policy
interests of the United States, along with
those acting on behalf of such persons,
may be added to the Entity List.
Paragraphs (b)(1) through (b)(5) of
§ 744.11 provide an illustrative list of
activities that could be contrary to the
national security or foreign policy
interests of the United States.
For each of the five entities described
below, the ERC made the requisite
determination under the standard set
forth in § 744.11(b). Specifically, the
ERC determined that the subject entities
are engaging in or enabling activities
contrary to U.S. foreign policy interests.
These entities have been implicated in
human rights violations and abuses in
the implementation of China’s campaign
of repression, mass arbitrary detention,
forced labor and high-technology
surveillance against Uyghurs, Kazakhs,
and other members of Muslim minority
groups in the Xinjiang Uyghur
Autonomous Region. Specifically, the
ERC determined that Xinjiang GCL New
Energy Material Technology, Co. Ltd;
Xinjiang Daqo New Energy, Co. Ltd;
Xinjiang East Hope Nonferrous Metals
Co. Ltd.; Hoshine Silicon Industry
(Shanshan) Co., Ltd.; and Xinjiang
Production and Construction Corps are
engaging in activities contrary to the
foreign policy interests of the United
States through participating in the
practice of, accepting, or utilizing forced
labor.
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]]>Agencies
[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33116-33119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13124]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-1028; Project Identifier AD-2020-00978-T;
Amendment 39-21599; AD 2021-12-12]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 717-200 airplanes. This AD was prompted by a
report of discrepant spoiler assemblies, which have the wrong splice
bar installed and lack reinforcing doublers, and by reports that some
splice bars were shipped for installation on Model 717-200 airplanes,
although they were not eligible for installation on Model 717-200
airplanes and were identified incorrectly with the Model 717-200 splice
bar part number. This AD requires a one-time inspection of the left-
and right-wing inboard and outboard spoiler assemblies, for the correct
configuration of the splice bar and doublers, and repair or replacement
if necessary. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective July 29, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 29,
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-2020-1028.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-1028; 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: Mohit Garg, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5264; 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 by adding an AD that would apply to all The Boeing Company
Model 717-200 airplanes. The NPRM published in the Federal Register on
December 29, 2020 (85 FR 85559). The NPRM was prompted by a report of
discrepant spoiler assemblies, which have the wrong splice bar
installed and lack reinforcing doublers, and by reports that some
splice bars were shipped for installation on Model 717-200 airplanes,
although they were not eligible for installation on Model 717-200
airplanes and were identified incorrectly with the Model 717-200 splice
bar part number. In the NPRM, the FAA proposed to require a one-time
inspection of the left- and right-wing inboard and outboard spoiler
assemblies for the correct splice bar and doublers
[[Page 33117]]
configuration, and repair if necessary. The FAA is issuing this AD to
address splice bars which are not structurally adequate, which can lead
to failure of the splice bar to keep the spoiler drive link engaged,
and could result in spoiler float and consequent reduced
controllability of the airplane.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from The Air Line Pilots Association,
International (ALPA) and Boeing, who supported the NPRM without change.
The FAA received comments from two additional commenters, Delta Air
Lines (Delta) and Hawaiian Airlines. The following presents the
comments received on the NPRM and the FAA's response to each comment.
Request To Revise Compliance Time
Delta asked that the compliance time of the proposed AD be changed
to 27 months of ``flying days'' instead of calendar days. Delta stated
that paragraph (g) of the proposed AD states, in part, ``At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 717-57A0027 RB, dated June 26, 2020.''
Delta noted that Paragraph 1.E., Compliance, of the referenced service
information requires a general visual inspection for the correct splice
bar and doubler configuration within 6,400 flight hours or 27 months.
Delta added that because of the Covid-19 pandemic airlines have a large
quantity of aircraft in storage, so changing to flight time would not
affect the unsafe condition.
The FAA does not agree with the commenter's request. In developing
an appropriate compliance time for this action, the FAA considered the
degree of urgency associated with addressing the subject unsafe
condition, the manufacturer's recommendation for an appropriate
compliance time, and the practical aspect of accomplishing the required
inspection within a period of time that corresponds to the normal
scheduled maintenance for most affected operators. In addition, the FAA
notes that some Model 717-200 airplanes may have been in service during
the pandemic and must comply within the required compliance time.
Operators do have the option to inspect the airplane before the first
flight following storage if the airplane is in storage for more than 27
months. However, under the provisions of paragraph (k) 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.
Requests To Allow Alternative Methods for Corrective Action
Hawaiian Airlines asked that paragraph (h)(2) of the proposed AD,
which requires obtaining approval of an alternative method of
compliance (AMOC) for repair of any discrepant spoiler, be changed to
add another method: Removal and replacement of the discrepant spoiler
with a serviceable spoiler that has the correct splice bar and doublers
using the procedure specified in the Model 717 airplane maintenance
manual (AMM), Chapter 27-60-01. Hawaiian Airlines stated that this
would alleviate further out-of-service time of the aircraft, and the
discrepant spoiler can be repaired off-wing.
The FAA agrees with the commenter's request. The FAA has added
paragraphs (h)(2)(i) and (ii) of this AD to specify that either repair
using a method approved in accordance with the procedures specified in
paragraph (k) of this AD or replacement of any spoiler assembly having
an incorrect configuration with a replacement spoiler assembly is
acceptable for compliance with this AD. The FAA notes that a
replacement spoiler assembly must have a correct configuration as
specified in Boeing Alert Requirements Bulletin 717-57A0027 RB, dated
June 26, 2020. The FAA has also added Note 2 to paragraph (h)(2)(ii) to
specify that guidance for replacement can be found in Model 717 AMM,
Chapter 27-60-01.
Delta requested the FAA provide an approved method to correct the
unsafe condition by removing and discarding any non-blueprint parts and
re-assembling per original equipment manufacturer (OEM) spoiler drawing
5940974-1/-2/-501/-502. Delta stated that the OEM spoiler drawing was
acceptable for the type certification basis for the Model 717-200
airplane during assembly of the aircraft. Delta added that restoring
the spoiler to the OEM blueprint would restore the part to an approved
configuration with the unsafe condition removed.
The FAA disagrees with the commenter's request. An operator cannot
bring a discrepant spoiler assembly back to the OEM correct
configuration without modifying the underlying spoiler structure.
Modifying the spoiler assembly requires repair instructions from the
OEM. An operator may request an AMOC under the provisions of paragraph
(k) of this AD.
Conclusion
The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, and any other changes
described previously, this AD is adopted as proposed in the NPRM. None
of the changes will increase the economic burden on any operator.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Requirements Bulletin 717-57A0027 RB,
dated June 26, 2020. This service information describes procedures for
a one-time general visual inspection of the left- and right-wing
inboard and outboard spoiler assemblies for the correct splice bar and
doublers configuration, and repair. 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
ADDRESSES.
Costs of Compliance
The FAA estimates that this AD affects 114 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Inspection........................ 4 work-hours x $85 per hour $0 $340 $38,760
= $340.
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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 33118]]
Estimated Costs of On-Condition Actions
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Labor cost Parts cost Cost per product
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Up to 2 work-hour x $85 per hour $5,432 per spoiler Up to $5,602 per
= Up to $170 per spoiler assembly. spoiler assembly.
assembly.
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
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.
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:
2021-12-12 The Boeing Company: Amendment 39-21599; Docket No. FAA-
2020-1028; Project Identifier AD-2020-00978-T.
(a) Effective Date
This airworthiness directive (AD) is effective July 29, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 717-200
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by a report of discrepant spoiler
assemblies, which have the wrong splice bar installed and lack
reinforcing doublers. The FAA is issuing this AD to address splice
bars which are not structurally adequate, which can lead to failure
of the splice bar to keep the spoiler drive link engaged, and could
result in spoiler float and consequent reduced controllability of
the airplane.
(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 717-57A0027 RB, dated June 26, 2020, do
all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
717-57A0027 RB, dated June 26, 2020.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
717-57A0027, dated June 26, 2020, which is referred to in Boeing
Alert Requirements Bulletin 717-57A0027 RB, dated June 26, 2020.
(h) Exceptions to Service Information Specifications
(1) Where Boeing Alert Requirements Bulletin 717-57A0027 RB,
dated June 26, 2020, uses the phrase ``the original issue date of
Requirements Bulletin 717-57A0027 RB,'' this AD requires using ``the
effective date of this AD.''
(2) Where Boeing Alert Requirements Bulletin 717-57A0027 RB,
dated June 26, 2020, specifies contacting Boeing for repair
instructions: This AD requires doing the actions specified in
paragraph (h)(2)(i) or (ii) of this AD before further flight.
(i) Repair using a method approved in accordance with the
procedures specified in paragraph (k) of this AD.
(ii) Replace any spoiler assembly having incorrect configuration
with a replacement spoiler assembly. A replacement spoiler assembly
must have a correct configuration as specified in Boeing Alert
Requirements Bulletin 717-57A0027 RB, dated June 26, 2020.
Note 2 to paragraph (h)(2)(ii): Guidance for replacing the
spoiler assembly with the correct configuration spoiler assembly can
be found in Model 717 Airplane Maintenance Manual (AMM), Chapter 27-
60-01.
(i) Credit for Previous Actions
This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Multi Operator Message MOM-
MOM-19-0572-01B, dated October 16, 2019.
(j) Parts Installation Limitation
As of the effective date of this AD, no person may install, on
any airplane, any affected spoiler assembly (a spoiler assembly that
does not have a splice bar having part number 3914588-501 and two
doublers having part number 5940974-31), unless it has been
inspected and all applicable corrective actions have been done as
specified in paragraph (g) of this AD.
(k) 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 (l)(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.
[[Page 33119]]
(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.
(l) Related Information
(1) For more information about this AD, contact Mohit Garg,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5264; 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 (m)(3) and (4) of this AD.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin 717-57A0027 RB, dated
June 26, 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 June 3, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-13124 Filed 6-23-21; 8:45 am]
BILLING CODE 4910-13-P
