Airworthiness Directives; The Boeing Company Airplanes, 33116-33119 [2021-13124]

Download as PDF 33116 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. khammond on DSKJM1Z7X2PROD with RULES (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 VerDate Sep<11>2014 16:01 Jun 23, 2021 Jkt 253001 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: PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 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 E:\FR\FM\24JNR1.SGM 24JNR1 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 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 33117 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: khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 16:01 Jun 23, 2021 Jkt 253001 actions that would be required. The FAA has no way of determining the PO 00000 Frm 00037 Cost per product Parts cost Fmt 4700 Sfmt 4700 $0 $340 Cost on U.S. operators $38,760 number of aircraft that might need these on-condition actions: E:\FR\FM\24JNR1.SGM 24JNR1 33118 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. khammond on DSKJM1Z7X2PROD with RULES 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: VerDate Sep<11>2014 16:01 Jun 23, 2021 Jkt 253001 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. PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 (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. E:\FR\FM\24JNR1.SGM 24JNR1 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations (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 khammond on DSKJM1Z7X2PROD with RULES (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 VerDate Sep<11>2014 16:01 Jun 23, 2021 Jkt 253001 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 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 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. E:\FR\FM\24JNR1.SGM 24JNR1

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.

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

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
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
              Action                         Labor cost             Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection........................  4 work-hours x $85 per hour               $0            $340         $38,760
                                     = $340.
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

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