Airworthiness Directives; The Boeing Company Airplanes, 40927-40932 [2021-16174]
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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Rules and Regulations
Congressional Review Act and
Administrative Procedure Act
Paperwork Reduction Act, 44 U.S.C.
Chapter 35
OIRA has determined that this is a
major rule for purposes of Subtitle E of
the Small Business Regulatory
Enforcement and Fairness Act of 1996
(also known as the Congressional
Review Act or CRA) (5 U.S.C. 804(2) et
seq.). Under the CRA, a major rule takes
effect 60 days after the rule is published
in the Federal Register. 5 U.S.C.
801(a)(3).
Notwithstanding this requirement, the
CRA allows agencies to dispense with
the requirements of section 801 when
the agency for good cause finds that
such procedure would be impracticable,
unnecessary, or contrary to the public
interest and the rule shall take effect at
such time as the agency promulgating
the rule determines. 5 U.S.C. 808(2).
Pursuant to section 808(2), SBA for good
cause finds that a 60-day delay to
provide public notice is impracticable
and contrary to the public interest.
Likewise, for the same reasons, SBA for
good cause finds that there are grounds
to waive the 30-day effective date delay
under the Administrative Procedure
Act. 5 U.S.C. 553(d)(3).
As discussed elsewhere in this
interim final rule, given the urgent need
to provide borrowers with timely relief
and the short period of time before
certain borrowers will be required to
begin making principal and interest
payments if they have not yet applied
for forgiveness with their lenders, SBA
has determined that it is impractical and
not in the public interest to provide a
delayed effective date. An immediate
effective date will allow SBA to
expedite loan forgiveness to small
businesses and nonprofit organizations
and remit forgiveness payments to
lenders.
SBA has determined that this rule
will require revisions to existing
recordkeeping or reporting requirements
of the Paycheck Protection Program
(PPP) information collection, OMB
Control Number 3245–0407. The
revisions will affect SBA Forms 3508S
and 3508D. SBA Form 3508S will be
revised to incorporate the direct
borrower forgiveness process and the
COVID Revenue Reduction Score. SBA
Form 3508D will be revised to
incorporate the direct borrower
forgiveness process.
SBA has requested Office of
Management and Budget (OMB)
emergency approval of the revisions to
the information collections to give small
businesses and nonprofits affected by
this interim final rule the maximum
amount of time to apply for loan
forgiveness under the new procedures.
Executive Order 12988
SBA has drafted this rule, to the
extent practicable, in accordance with
the standards set forth in section 3(a)
and 3(b)(2) of Executive Order 12988, to
minimize litigation, eliminate
ambiguity, and reduce burden. The rule
has no preemptive or retroactive effect.
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Executive Order 13132
SBA has determined that this rule
will not have substantial direct effects
on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various layers of government. Therefore,
SBA has determined that this rule has
no federalism implications warranting
preparation of a federalism assessment.
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Regulatory Flexibility Act (RFA)
The Regulatory Flexibility Act (RFA)
generally requires that when an agency
issues a proposed rule, or a final rule
pursuant to section 553(b) of the
Administrative Procedure Act or
another law, the agency must prepare a
regulatory flexibility analysis that meets
the requirements of the RFA and
publish such analysis in the Federal
Register. 5 U.S.C. 603, 604.
Rules that are exempt from notice and
comment are also exempt from the RFA
requirements, including conducting a
regulatory flexibility analysis, when
among other things the agency for good
cause finds that notice and public
procedure are impracticable,
unnecessary, or contrary to the public
interest. SBA Office of Advocacy guide:
How to Comply with the Regulatory
Flexibility Act, Ch.1. p.9. Since this rule
is exempt from notice and comment,
SBA is not required to conduct a
regulatory flexibility analysis.
Authority: 15 U.S.C. 636(a)(36); 15 U.S.C.
636(a)(37); and 15 U.S.C. 636m; Coronavirus
Aid, Relief, and Economic Security Act, Pub.
L. 116–136, section 1114, and Economic Aid
to Hard-Hit Small Businesses, Nonprofits,
and Venues Act, Pub. L. 116–260, section
303.
Isabella Casillas Guzman,
Administrator.
[FR Doc. 2021–16358 Filed 7–28–21; 4:15 pm]
BILLING CODE 8026–03–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0333; Product
Identifier 2020–NM–015–AD; Amendment
39–21623; AD 2021–13–18]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all The
Boeing Company Model 737 airplanes
powered by LEAP–1B engines. This AD
was prompted by reports of inadvertent
release of the spring energy of the spring
door opening system (SDOS) actuator
with a certain part number, causing
injury and the potential for injury to
maintenance personnel. This AD
requires replacing each affected SDOS
actuator with a new SDOS actuator, and
verifying that new safety markers are
installed in the proper locations. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective September 3,
2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of September 3, 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 on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–0333.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0333; 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
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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: Rose
Len, Aerospace Engineer, Propulsion
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3604; email:
rose.len@faa.gov.
SUPPLEMENTARY INFORMATION:
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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
737–8 and 737–9 airplanes. The NPRM
published in the Federal Register on
April 20, 2020 (85 FR 21791).
The NPRM was prompted by a report
of an incident involving an SDOS
actuator. The SDOS actuator is a
telescopic, spring-loaded actuator that
assists the mechanic in raising the
engine fan cowl. Even when the actuator
is extended (uncompressed), it retains
energy in the spring (preloaded). In the
incident, after an SDOS actuator with
part number BOE–2001–901F was
removed, a part separation occurred at
the joint between the actuator’s inner
tube and its related ‘‘back end’’ bracket.
The actuator came apart with springpropelled force, injuring one of the
maintenance personnel. This SDOS
actuator used two roll pins and epoxy
at this joint. The FAA has determined
that this design, together with spring
preload, caused these parts to break.
The FAA received a second report of
a hazardous sudden extension of this
actuator when, during improper
removal of the SDOS actuator from the
engine fan cowl while it was retracted,
the SDOS actuator rapidly extended,
with the potential to cause injury. This
was possible because the fastener
connecting the SDOS actuator to the fan
cowl can be removed by cracking open
the fan cowl and reaching under it.
After the fastener was removed, the
SDOS actuator was still connected to
the engine fan case and was held in the
retracted position by the ‘‘catch’’ hook,
per the design. When the SDOS was
rotated upward by hand, the catch hook
released, and the SDOS actuator rapidly
extended. The FAA has determined that
the design of the SDOS actuator with
part number BOE–2001–901H obscures
the safety marker when the fan cowl is
opened. The design of this SDOS
actuator could, during maintenance,
result in injury to maintenance
personnel or damage to the airplane.
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The manufacturer of the SDOS
actuator, General Aerospace, has
changed the design to have a stronger
joint between the inner tube and the
‘‘back end’’ bracket that uses blind
rivets rather than pins, together with an
improved shape of the ‘‘catching’’
bracket. This redesign addressed the
aforementioned part separation of the
SDOS actuator, and the redesigned
actuator became part number BOE–
2001–901H. General Aerospace then
modified part number BOE–2001–901H
to include more detailed safety markers
in new locations that display the
warnings more clearly to maintenance
personnel. That redesign addressed the
aforementioned extension of the SDOS
actuator from release of the catch hook.
With the addition of the more detailed
safety markers in the new locations, the
SDOS actuator part number changed
from BOE–2001–901H to BOE–2001–
901J. General Aerospace Service
Bulletin BOE–2001–901–71–01, dated
November 2, 2019, which is referenced
in Boeing Service Bulletin 737–71–
1911, Revision 1, dated September 10,
2020, provides instructions for changing
a BOE–2001–901H SDOS actuator to a
BOE–2001–901J SDOS actuator.
The NPRM therefore proposed to
require replacing each affected SDOS
actuator with a new SDOS actuator, and
verifying that the new safety markers are
installed in the proper locations on the
SDOS actuator.
The FAA is issuing this AD to address
the possible separation of the SDOS
actuator, and the visual obstruction of
the SDOS actuator safety marker, either
of which, during maintenance, could
cause injury to maintenance personnel
or damage to the airplane.
Actions Since the NPRM Was Issued
In the NPRM, the FAA proposed that
the AD would apply to Boeing model
737–8 and 737–9 airplanes. Since then,
the FAA determined that all Boeing
model 737 airplanes powered by LEAP–
1B engines (737 MAX airplanes), have
engine fan cowls on which affected
SDOS actuators could be installed. The
affected SDOS actuators are rotable
parts, so the future replacement of an
SDOS actuator could reintroduce the
unsafe condition. The 737 airplane
models that are powered by LEAP–1B
engines, and therefore that have fan
cowls on which affected SDOS actuators
could be installed, are currently the
Model 737–8, 737–9, and 737–8200.1
The airplane models on which affected
actuators could be installed could
1 The FAA type certificated the Model 737–8200
on March 31, 2021; there are currently no U.S.
operators of that model.
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include any 737 models which will be
powered by LEAP–1B engines, such as
the Model 737–7. Therefore the FAA
has revised the applicability of this AD
to include all Model 737 airplanes
powered by LEAP–1B engines. The
prohibition on the installation of an
affected SDOS actuator similarly applies
to all airplanes identified in the
applicability of this AD.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The following presents
the comments received on the NPRM
and the FAA’s response to each
comment.
Request To Update the Service
Information to the Latest Revision
Boeing requested that the FAA
mandate Boeing Special Attention
Requirements Bulletin 737–71–1911 RB,
Revision 1, dated September 10, 2020,
because of various updates including
removing retrofitted airplanes from the
effectivity, group and configuration
changes, and adapting certain
instructions to allow work to be done on
an individual fan cowl instead of all fan
cowls at once. The revised service
information does not add work for any
airplane.
The FAA agrees. The service
information mandated by this AD has
been updated, to Boeing Special
Attention Requirements Bulletin 737–
71–1911 RB, Revision 1, dated
September 10, 2020.
Request To Include Later Approved
Revisions of the Service Information
American Airlines and United
Airlines requested that paragraph (g) of
the proposed AD be changed to include
the words ‘‘or later approved revisions’’
with regards to Boeing Special Attention
Requirements Bulletin 737–71–1911 RB,
dated November 26, 2019.
The requested revision to paragraph
(g) of the proposed AD to allow use of
later-approved revisions of the service
information would be contrary to Office
of the Federal Register (OFR) regulations
regarding incorporation by reference.
Specifically, incorporation by reference
of a publication is limited to the edition
of the publication that is approved by
OFR. 1 CFR 51.1(f). To allow operators
to use later revisions of the referenced
document that are not approved by the
OFR and identified in the AD, either the
FAA must (1) seek OFR approval to
incorporate a later revision of the
service document and revise the AD to
reference the approved later revision, or
(2) operators must request approval to
use a later revision as an alternative
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method of compliance with this AD
under the provisions of paragraph (k) of
this AD.
Request for Clarification of the RC
Steps in the Service Information
American Airlines requested
clarification of paragraph (g) of the
proposed AD. The commenter stated
that it believes that the RC steps in both
Boeing Special Attention Service
Bulletin 737–71–1911 and
Requirements Bulletin 737–71–1911 RB
can be interpreted to mean that all steps
of each Work Package are Required for
Compliance. The company also states
that the instruction to ‘‘Refer to the
listed procedures in SB 737–71–1911
Original Issue or later approved
revisions as an accepted procedure’’
found in each Work Package can be
interpreted to mean that any part of the
Work Package can be deviated from at
the discretion of the operator, using the
accepted procedures in the service
information.
The FAA notes that Boeing’s intention
in including the multiple Work
Packages, and the FAA’s intention in
mandating them, is to provide flexibility
to the operator in the sequence of
performing the mandated corrective
actions. Each Work Package can be
implemented one at a time. Each Work
Package is defined by a unique
combination of Group, Configuration,
Engine 1 or Engine 2, and LEFT or
RIGHT Fan Cowl descriptors. All of the
Work Packages do not apply to every
affected airplane.
The FAA further notes that both
Boeing Special Attention Service
Bulletin 737–71–1911 and
Requirements Bulletin 737–71–1911 RB
are consistent in their ‘‘RC: Start’’ and
‘‘RC: End’’ designations, which clearly
delineate those Required Actions that
are mandated by this AD. The
instructions outside of the ‘‘RC: Start’’
and ‘‘RC: End’’ steps can be used to
accomplish the required actions, but the
AD does not authorize operators to use
them as alternatives to the required
actions. Where the service information
specifies to ‘‘refer to’’ a recommended
procedure, and only for those steps,
operators may use an accepted
alternative procedure.
The FAA has added paragraph (i) to
this AD to provide credit for the
previous accomplishment of Boeing
Special Attention Requirements Bulletin
737–71–1911 RB, dated November 26,
2019.
Request for Clarification on the Correct
Number of Safety Markers
American Airlines asked if the FAA
requires a certain number of safety
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markers on SDOS part number (P/N)
BOE–2001–901J units that have been
changed from SDOS P/N BOE–2001–
901H units. The AD requires that two
P/N 12299 safety markers be installed
on the SDOS actuator outer tube (cowl
door side) if they are not already
installed, but the commenter noted that
there could be a third safety marker, P/
N BOE–2001–713, already installed.
The FAA notes that an operator can
comply with this AD by installing either
(1) a P/N BOE–2001–901J actuator with
its two original safety markers, or (2) a
P/N BOE–2001–901H actuator that has
been converted to a P/N BOE–2001–901J
actuator with two new safety markers,
with or without a third marker. The
FAA has not changed this AD regarding
this request.
Request for Clarification on Newly
Delivered Airplanes
American Airlines requested
clarification on whether the operator
would need to request an AMOC for the
newly delivered airplanes that already
have the SDOS part number BOE–2001–
901J. The commenter noted that
paragraph (g) of the proposed AD did
not include Boeing Special Attention
Requirements Bulletin 737–71–1911 RB,
Revision 1, dated September 10, 2020.
The FAA notes that AMOCs will not
be necessary for airplanes that are newly
delivered with the P/N BOE–2001–901J
SDOS actuator installed. As previously
explained, paragraph (g) of this AD has
been updated to include Boeing Special
Attention Requirements Bulletin 737–
71–1911 RB, Revision 1, dated
September 10, 2020, which includes a
revised effectivity list. No further
change to this AD is necessary.
Request for Change to the Airplane
Applicability
American Airlines and United
Airlines requested that paragraph (c) of
the proposed AD be amended to be
limited to airplanes identified in the
Effectivity section of Boeing Special
Attention Requirements Bulletin 737–
71–1911 RB. As an alternative,
American Airlines requested that a subparagraph be added to paragraph (h) of
the proposed AD to state that a review
of maintenance and delivery records can
be used to determine the installed SDOS
actuator part number, provided the
SDOS part number can be definitively
determined from the records check.
The FAA notes that paragraph (c) of
this AD now includes all Boeing Model
737 airplanes powered by LEAP–1B
engines. Paragraph (g) of this AD now
mandates Boeing Special Attention
Requirements Bulletin 737–71–1911 RB,
Revision 1, dated September 10, 2020.
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Because all Model 737 airplanes
powered by LEAP–1B engines have
engine fan cowls that, due to the
rotability of the affected parts, are
subject to the same SDOS actuator issue,
paragraph (j) of this AD now prohibits
the installation of SDOS actuators
having part numbers BOE–2001–901F
and BOE–2001–901H on all Model 737
airplanes powered by LEAP–1B engines.
Request To Allow Use of Alternative
Lockwire
American Airlines requested that the
FAA allow use of .040 lockwire for the
lock wire specified in steps 1(b) and 2(b)
of the Accomplishment Instructions of
Boeing Special Attention Service
Bulletin 737–71–1911, dated November
26, 2019. American Airlines noted that
the .040 lockwire is more common and
readily available than .041 lockwire and
would provide an equivalent level of
safety. American Airlines expressed
concern that if the FAA interpreted use
of .041 lockwire as an RC step, the .040
lockwire could easily be mistakenly
used due to the similarity to the .041
lockwire. The commenter requested that
the FAA include an exception regarding
this issue if appropriate.
The FAA notes that for the purposes
of the SDOS actuator, .040 lockwire will
function the same as .041 lockwire. The
FAA further notes that Boeing Special
Attention Requirements Bulletin 737–
71–1911 RB, Revision 1, dated
September 10, 2020, does not specify
the use of lockwire in an RC step.
Therefore, no change to this AD is
necessary as a result of this comment.
Request To Change Description of the
Incidents Prompting This AD
Boeing requested an update to the
SUMMARY and Discussion sections of
the NPRM, and paragraph (e) of the
proposed AD, to clarify that there were
two different causes and corrective
actions.
The FAA agrees and has revised the
Summary, Background, and paragraph
(e) of this AD to delineate the two
corrective actions. The Background
section of this final rule describes in
detail the two incidents and how each
resulted in the actuator’s sudden and
hazardous extension. To address the
cause of each incident, this AD requires
two actions, both of which are
unchanged from the NPRM: (1)
Replacing each affected SDOS actuator
with a new SDOS actuator, and (2)
verifying that new safety markers are
installed in the proper locations.
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Request To Update the Number of
Affected U.S. Airplanes
Boeing stated that the number of
affected U.S.-registered airplanes
identified in the Costs of Compliance
section depends on whether the NPRM
covers only the SDOS attachment issue
(in which case Boeing stated the number
is correct), or also covers the safety
marker issue (in which case Boeing
stated an additional 240 airplanes
would be affected).
The FAA notes that since this AD
addresses both the SDOS actuator
attachment issue and the safety marker
issue, both types of affected SDOS
actuators must be replaced, resulting in
an additional 240 U.S.-registered
airplanes that would be affected. The
estimated cost for this AD has been
updated to reflect a total of 400 U.S.registered airplanes.
Request To Revise Cost Estimate
Boeing requested that the FAA revise
the Costs of Compliance section of the
NPRM to correct the labor cost
calculation to $425 per airplane.
The FAA agrees that the NPRM
provided an incorrect estimate for the
number of work-hours to replace the
SDOS actuators. The FAA has revised
the costs accordingly in this final rule.
rule is necessary as a result of this
comment.
Request To Clarify the Need for
Ongoing Inspections
Southwest Airlines asked whether the
FAA was developing a requirement for
ongoing inspections to make sure the
safety markers are still present. The
commenter stated that Boeing Special
Attention Requirements Bulletin 737–
71–1911 RB, dated November 26, 2019,
does not mention inspecting for safety
markers after the initial compliance.
The FAA notes that proper
installation of the safety markers is
intended to be permanent; therefore, no
repetitive inspections of the safety
marker installation are necessary.
Because all Model 737 airplanes
powered by LEAP–1B engines have
engine fan cowls that, due to parts
rotability, are subject to reinstallation of
affected SDOS actuators, those airplanes
are subject to the requirements of
paragraph (j) of this AD, which prohibits
the installation of SDOS actuators
having part numbers BOE–2001–901F
and BOE–2001–901H. The FAA has not
changed this AD as a result of the
comment.
Request To Include Instructions for
Examination of Spare Parts
Request To Modify the Affected Part
Without Removal
Southwest Airlines requested
clarification as to whether the SDOS
actuator part number BOE–2001–901H
can be changed on wing to part number
BOE–2001–901J using the General
Aerospace Service Bulletin BOE–2001–
901–71–01 referenced in the Boeing
Special Attention Service Bulletin 737–
71–1911, Revision 1, dated September
10, 2020. Southwest Airlines stated that
it believes it is possible to do so.
The FAA notes that neither General
Aerospace Service Bulletin BOE–2001–
901–71–01, which is referenced in
Boeing Special Attention Service
Bulletin 737–71–1911, nor Boeing
Special Attention Requirements Bulletin
737–71–1911 RB, Revision 1, both dated
September 10, 2020, requires removing
the SDOS actuator before applying the
safety markers. No change to this final
United Airlines requested
clarification of actions required for
spare parts. The commenter asserted
that spare parts should be handled in
the same manner as parts found
installed on the aircraft once they are
removed and that Paragraph 3.B., Work
Instructions, provided in the Boeing
Special Attention Service Bulletin 737–
71–1911, dated November 26, 2019, are
intended to be performed at an aircraft
level with some steps not being
applicable.
The FAA disagrees and has not
changed the AD with regard to this
request. ADs in general do not apply
directly to spare parts because under 14
CFR part 39, ADs are legally enforceable
rules that apply only to products such
as airplanes, and not to parts that are
not installed on an airplane. The FAA
can, by AD, prohibit or condition the
installation of a part on a product. This
AD prohibits the installation of SDOS
actuators having part numbers BOE–
2001–901F and BOE–2001–901H.
However, the FAA notes that Boeing
Special Attention Service Bulletin 737–
71–1911, Revision 1, dated September
10, 2020, includes non-mandatory
information on how to contact General
Aerospace for shipping instructions for
SDOS actuator part number BOE–2001–
901F, although this AD does not require
the return of any parts. Further, the
BOE–2001–901H SDOS actuators can be
changed to BOE–2001–901J SDOS
actuators.
Conclusion
The FAA reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting this
final rule with the changes described
previously and minor editorial changes.
The FAA has determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
The FAA also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this final rule.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Special
Attention Requirements Bulletin 737–
71–1911 RB, Revision 1, dated
September 10, 2020. This service
information describes procedures for
replacing each affected SDOS actuator
with a new SDOS actuator and verifying
that safety markers are installed. This
service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD
affects 400 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
Replace SDOS actuator .................................
5 work-hours × $85 per hour = $425 .............
Cost per
product
Parts cost
*$
* $425
Cost on U.S.
operators
* $170,000
* The FAA has received no definitive data that would enable the agency to provide parts cost estimates for the actions specified in this proposed AD.
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The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some or all
of the costs of this AD may be covered
under warranty, thereby reducing the
cost impact on affected persons.
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.
lotter on DSK11XQN23PROD with RULES1
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
VerDate Sep<11>2014
16:28 Jul 29, 2021
Jkt 253001
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:
■
2021–13–18 The Boeing Company:
Amendment 39–21623; Docket No. FAA–
2020–0333; Product Identifier 2020–NM–
015–AD.
(a) Effective Date
This AD is effective September 3, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing
Company Model 737 airplanes powered by
LEAP–1B engines, certificated in any
category.
(d) Subject
Air Transport Association (ATA) of
America Code 71, Powerplant.
(e) Unsafe Condition
This AD was prompted by reports of
inadvertent release of the spring energy of
certain spring door opening system (SDOS)
actuators. The FAA is issuing this AD to
address possible separation of the SDOS
actuator and visual obstruction of the SDOS
actuator safety marker, which, during
maintenance, can cause injury to
maintenance personnel or damage to the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
For airplanes identified in Boeing Special
Attention Requirements Bulletin 737–71–
1911 RB, Revision 1, dated September 10,
2020: At the applicable times specified in the
‘‘Compliance’’ paragraph of Boeing Special
Attention Requirements Bulletin 737–71–
1911 RB, Revision 1, dated September 10,
2020, except as specified by paragraph (h) of
this AD, do all applicable actions identified
in, and in accordance with, the
Accomplishment Instructions of Boeing
Special Attention Requirements Bulletin
737–71–1911 RB, Revision 1, dated
September 10, 2020.
Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Special Attention
Service Bulletin 737–71–1911, Revision 1,
dated September 10, 2020, which is referred
to in Boeing Special Attention Requirements
Bulletin 737–71–1911 RB, Revision 1, dated
September 10, 2020.
(h) Exception to Service Information
Specifications
Where Boeing Special Attention
Requirements Bulletin 737–71–1911 RB,
Revision 1, dated September 10, 2020, uses
the phrase ‘‘the original issue date of
Requirements Bulletin 737–71–1911 RB,’’
this AD requires using ‘‘the effective date of
this AD.’’
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
40931
(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 Special
Attention Requirements Bulletin 737–71–
1911 RB, dated November 26, 2019.
(j) Parts Installation Prohibition
As of the effective date of this AD, no
person may install on any airplane an SDOS
actuator having part number BOE–2001–901F
or BOE–2001–901H.
(k) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (l) 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.
(l) Related Information
For more information about this AD,
contact Rose Len, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines,
WA 98198; phone and fax: 206–231–3604;
email: rose.len@faa.gov.
(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 Special Attention Requirements
Bulletin 737–71–1911 RB, Revision 1, dated
September 10, 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,
E:\FR\FM\30JYR1.SGM
30JYR1
40932
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Rules and Regulations
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 18, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–16174 Filed 7–29–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Examining the AD Docket
14 CFR Part 39
[Docket No. FAA–2021–0193; Project
Identifier MCAI–2020–01612–T; Amendment
39–21585; AD 2021–11–23]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus SAS Model A350–941 and –1041
airplanes. This AD was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. This AD requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations, as specified in a European
Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference.
This AD also requires, for certain
airplanes, an update of the hydraulic
monitoring system to include additional
redundancy. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective September 3,
2021.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of September 3, 2021.
ADDRESSES: For EASA material
incorporated by reference (IBR) in this
AD, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000;
email ADs@easa.europa.eu; internet
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:28 Jul 29, 2021
www.easa.europa.eu. You may find this
IBR material on the EASA website at
https://ad.easa.europa.eu. For Airbus
SAS service information identified in
this AD, contact Airbus SAS,
Airworthiness Office—EAL, Rond-Point
Emile Dewoitine No: 2, 31700 Blagnac
Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 45 80; email
continued-airworthiness.a350@
airbus.com; internet https://
www.airbus.com. You may view this
IBR material 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 in
the AD docket on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0193.
Jkt 253001
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0193; 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:
Kathleen Arrigotti, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3218;
Kathleen.Arrigotti@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0268, dated December 4, 2020
(EASA AD 2020–0268) (also referred to
as the Mandatory Continuing
Airworthiness Information, or the
MCAI), to correct an unsafe condition
for all Airbus SAS Model A350–941 and
–1041 airplanes. EASA AD 2020–0268
refers to Airbus A350 Airworthiness
Limitations Section (ALS), Part 5, ‘‘Fuel
Airworthiness Limitations (FAL),’’
Revision 04, dated May 29, 2020; and
Airbus A350 ALS Part 5, ‘‘Fuel
Airworthiness Limitations (FAL),’’
Variation 4.1, dated September 15, 2020.
Airplanes with an original airworthiness
certificate or original export certificate
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
of airworthiness issued after September
15, 2020, must comply with the
airworthiness limitations specified as
part of the approved type design and
referenced on the type certificate data
sheet; this AD therefore does not
include those airplanes in the
applicability.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Airbus SAS Model
A350–941 and –1041 airplanes. The
NPRM published in the Federal
Register on March 26, 2021 (86 FR
16117). The NPRM was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. The NPRM proposed to
require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations, as
specified in EASA AD 2020–0268. The
NPRM also proposed to require, for
certain airplanes, an update of the
hydraulic monitoring system to include
additional redundancy.
The FAA is issuing this AD to address
the overheat failure mode of the
hydraulic engine-driven pump (EDP),
which may cause a fast temperature rise
of the hydraulic fluid, and, if combined
with an inoperative fuel tank inerting
system, could lead to an uncontrolled
overheat of the hydraulic fluid, possibly
resulting in ignition of the fuel-air
mixture of the affected fuel tank. See the
MCAI for additional background
information.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The FAA has considered
the comment received. The Air Line
Pilots Association, International (ALPA)
stated that it supports the NPRM.
Conclusion
The FAA reviewed the relevant data,
considered the comment received, and
determined that air safety and the
public interest require adopting this
final rule as proposed, except for minor
editorial changes. The FAA has
determined that these minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
Related Service Information Under 1
CFR Part 51
EASA AD 2020–0268 describes new
or more restrictive airworthiness
limitations related to fuel tank ignition
E:\FR\FM\30JYR1.SGM
30JYR1
]]>Agencies
[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Rules and Regulations]
[Pages 40927-40932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16174]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0333; Product Identifier 2020-NM-015-AD; Amendment
39-21623; AD 2021-13-18]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 737 airplanes powered by LEAP-1B engines. This
AD was prompted by reports of inadvertent release of the spring energy
of the spring door opening system (SDOS) actuator with a certain part
number, causing injury and the potential for injury to maintenance
personnel. This AD requires replacing each affected SDOS actuator with
a new SDOS actuator, and verifying that new safety markers are
installed in the proper locations. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective September 3, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September 3,
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 on
the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-0333.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0333; 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
[[Page 40928]]
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: Rose Len, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206-231-3604; 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 737-8 and 737-9 airplanes. The NPRM published in the Federal
Register on April 20, 2020 (85 FR 21791).
The NPRM was prompted by a report of an incident involving an SDOS
actuator. The SDOS actuator is a telescopic, spring-loaded actuator
that assists the mechanic in raising the engine fan cowl. Even when the
actuator is extended (uncompressed), it retains energy in the spring
(preloaded). In the incident, after an SDOS actuator with part number
BOE-2001-901F was removed, a part separation occurred at the joint
between the actuator's inner tube and its related ``back end'' bracket.
The actuator came apart with spring-propelled force, injuring one of
the maintenance personnel. This SDOS actuator used two roll pins and
epoxy at this joint. The FAA has determined that this design, together
with spring preload, caused these parts to break.
The FAA received a second report of a hazardous sudden extension of
this actuator when, during improper removal of the SDOS actuator from
the engine fan cowl while it was retracted, the SDOS actuator rapidly
extended, with the potential to cause injury. This was possible because
the fastener connecting the SDOS actuator to the fan cowl can be
removed by cracking open the fan cowl and reaching under it. After the
fastener was removed, the SDOS actuator was still connected to the
engine fan case and was held in the retracted position by the ``catch''
hook, per the design. When the SDOS was rotated upward by hand, the
catch hook released, and the SDOS actuator rapidly extended. The FAA
has determined that the design of the SDOS actuator with part number
BOE-2001-901H obscures the safety marker when the fan cowl is opened.
The design of this SDOS actuator could, during maintenance, result in
injury to maintenance personnel or damage to the airplane.
The manufacturer of the SDOS actuator, General Aerospace, has
changed the design to have a stronger joint between the inner tube and
the ``back end'' bracket that uses blind rivets rather than pins,
together with an improved shape of the ``catching'' bracket. This
redesign addressed the aforementioned part separation of the SDOS
actuator, and the redesigned actuator became part number BOE-2001-901H.
General Aerospace then modified part number BOE-2001-901H to include
more detailed safety markers in new locations that display the warnings
more clearly to maintenance personnel. That redesign addressed the
aforementioned extension of the SDOS actuator from release of the catch
hook. With the addition of the more detailed safety markers in the new
locations, the SDOS actuator part number changed from BOE-2001-901H to
BOE-2001-901J. General Aerospace Service Bulletin BOE-2001-901-71-01,
dated November 2, 2019, which is referenced in Boeing Service Bulletin
737-71-1911, Revision 1, dated September 10, 2020, provides
instructions for changing a BOE-2001-901H SDOS actuator to a BOE-2001-
901J SDOS actuator.
The NPRM therefore proposed to require replacing each affected SDOS
actuator with a new SDOS actuator, and verifying that the new safety
markers are installed in the proper locations on the SDOS actuator.
The FAA is issuing this AD to address the possible separation of
the SDOS actuator, and the visual obstruction of the SDOS actuator
safety marker, either of which, during maintenance, could cause injury
to maintenance personnel or damage to the airplane.
Actions Since the NPRM Was Issued
In the NPRM, the FAA proposed that the AD would apply to Boeing
model 737-8 and 737-9 airplanes. Since then, the FAA determined that
all Boeing model 737 airplanes powered by LEAP-1B engines (737 MAX
airplanes), have engine fan cowls on which affected SDOS actuators
could be installed. The affected SDOS actuators are rotable parts, so
the future replacement of an SDOS actuator could reintroduce the unsafe
condition. The 737 airplane models that are powered by LEAP-1B engines,
and therefore that have fan cowls on which affected SDOS actuators
could be installed, are currently the Model 737-8, 737-9, and 737-
8200.\1\ The airplane models on which affected actuators could be
installed could include any 737 models which will be powered by LEAP-1B
engines, such as the Model 737-7. Therefore the FAA has revised the
applicability of this AD to include all Model 737 airplanes powered by
LEAP-1B engines. The prohibition on the installation of an affected
SDOS actuator similarly applies to all airplanes identified in the
applicability of this AD.
---------------------------------------------------------------------------
\1\ The FAA type certificated the Model 737-8200 on March 31,
2021; there are currently no U.S. operators of that model.
---------------------------------------------------------------------------
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.
Request To Update the Service Information to the Latest Revision
Boeing requested that the FAA mandate Boeing Special Attention
Requirements Bulletin 737-71-1911 RB, Revision 1, dated September 10,
2020, because of various updates including removing retrofitted
airplanes from the effectivity, group and configuration changes, and
adapting certain instructions to allow work to be done on an individual
fan cowl instead of all fan cowls at once. The revised service
information does not add work for any airplane.
The FAA agrees. The service information mandated by this AD has
been updated, to Boeing Special Attention Requirements Bulletin 737-71-
1911 RB, Revision 1, dated September 10, 2020.
Request To Include Later Approved Revisions of the Service Information
American Airlines and United Airlines requested that paragraph (g)
of the proposed AD be changed to include the words ``or later approved
revisions'' with regards to Boeing Special Attention Requirements
Bulletin 737-71-1911 RB, dated November 26, 2019.
The requested revision to paragraph (g) of the proposed AD to allow
use of later-approved revisions of the service information would be
contrary to Office of the Federal Register (OFR) regulations regarding
incorporation by reference. Specifically, incorporation by reference of
a publication is limited to the edition of the publication that is
approved by OFR. 1 CFR 51.1(f). To allow operators to use later
revisions of the referenced document that are not approved by the OFR
and identified in the AD, either the FAA must (1) seek OFR approval to
incorporate a later revision of the service document and revise the AD
to reference the approved later revision, or (2) operators must request
approval to use a later revision as an alternative
[[Page 40929]]
method of compliance with this AD under the provisions of paragraph (k)
of this AD.
Request for Clarification of the RC Steps in the Service Information
American Airlines requested clarification of paragraph (g) of the
proposed AD. The commenter stated that it believes that the RC steps in
both Boeing Special Attention Service Bulletin 737-71-1911 and
Requirements Bulletin 737-71-1911 RB can be interpreted to mean that
all steps of each Work Package are Required for Compliance. The company
also states that the instruction to ``Refer to the listed procedures in
SB 737-71-1911 Original Issue or later approved revisions as an
accepted procedure'' found in each Work Package can be interpreted to
mean that any part of the Work Package can be deviated from at the
discretion of the operator, using the accepted procedures in the
service information.
The FAA notes that Boeing's intention in including the multiple
Work Packages, and the FAA's intention in mandating them, is to provide
flexibility to the operator in the sequence of performing the mandated
corrective actions. Each Work Package can be implemented one at a time.
Each Work Package is defined by a unique combination of Group,
Configuration, Engine 1 or Engine 2, and LEFT or RIGHT Fan Cowl
descriptors. All of the Work Packages do not apply to every affected
airplane.
The FAA further notes that both Boeing Special Attention Service
Bulletin 737-71-1911 and Requirements Bulletin 737-71-1911 RB are
consistent in their ``RC: Start'' and ``RC: End'' designations, which
clearly delineate those Required Actions that are mandated by this AD.
The instructions outside of the ``RC: Start'' and ``RC: End'' steps can
be used to accomplish the required actions, but the AD does not
authorize operators to use them as alternatives to the required
actions. Where the service information specifies to ``refer to'' a
recommended procedure, and only for those steps, operators may use an
accepted alternative procedure.
The FAA has added paragraph (i) to this AD to provide credit for
the previous accomplishment of Boeing Special Attention Requirements
Bulletin 737-71-1911 RB, dated November 26, 2019.
Request for Clarification on the Correct Number of Safety Markers
American Airlines asked if the FAA requires a certain number of
safety markers on SDOS part number (P/N) BOE-2001-901J units that have
been changed from SDOS P/N BOE-2001-901H units. The AD requires that
two P/N 12299 safety markers be installed on the SDOS actuator outer
tube (cowl door side) if they are not already installed, but the
commenter noted that there could be a third safety marker, P/N BOE-
2001-713, already installed.
The FAA notes that an operator can comply with this AD by
installing either (1) a P/N BOE-2001-901J actuator with its two
original safety markers, or (2) a P/N BOE-2001-901H actuator that has
been converted to a P/N BOE-2001-901J actuator with two new safety
markers, with or without a third marker. The FAA has not changed this
AD regarding this request.
Request for Clarification on Newly Delivered Airplanes
American Airlines requested clarification on whether the operator
would need to request an AMOC for the newly delivered airplanes that
already have the SDOS part number BOE-2001-901J. The commenter noted
that paragraph (g) of the proposed AD did not include Boeing Special
Attention Requirements Bulletin 737-71-1911 RB, Revision 1, dated
September 10, 2020.
The FAA notes that AMOCs will not be necessary for airplanes that
are newly delivered with the P/N BOE-2001-901J SDOS actuator installed.
As previously explained, paragraph (g) of this AD has been updated to
include Boeing Special Attention Requirements Bulletin 737-71-1911 RB,
Revision 1, dated September 10, 2020, which includes a revised
effectivity list. No further change to this AD is necessary.
Request for Change to the Airplane Applicability
American Airlines and United Airlines requested that paragraph (c)
of the proposed AD be amended to be limited to airplanes identified in
the Effectivity section of Boeing Special Attention Requirements
Bulletin 737-71-1911 RB. As an alternative, American Airlines requested
that a sub-paragraph be added to paragraph (h) of the proposed AD to
state that a review of maintenance and delivery records can be used to
determine the installed SDOS actuator part number, provided the SDOS
part number can be definitively determined from the records check.
The FAA notes that paragraph (c) of this AD now includes all Boeing
Model 737 airplanes powered by LEAP-1B engines. Paragraph (g) of this
AD now mandates Boeing Special Attention Requirements Bulletin 737-71-
1911 RB, Revision 1, dated September 10, 2020. Because all Model 737
airplanes powered by LEAP-1B engines have engine fan cowls that, due to
the rotability of the affected parts, are subject to the same SDOS
actuator issue, paragraph (j) of this AD now prohibits the installation
of SDOS actuators having part numbers BOE-2001-901F and BOE-2001-901H
on all Model 737 airplanes powered by LEAP-1B engines.
Request To Allow Use of Alternative Lockwire
American Airlines requested that the FAA allow use of .040 lockwire
for the lock wire specified in steps 1(b) and 2(b) of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-71-1911, dated November 26, 2019. American Airlines noted
that the .040 lockwire is more common and readily available than .041
lockwire and would provide an equivalent level of safety. American
Airlines expressed concern that if the FAA interpreted use of .041
lockwire as an RC step, the .040 lockwire could easily be mistakenly
used due to the similarity to the .041 lockwire. The commenter
requested that the FAA include an exception regarding this issue if
appropriate.
The FAA notes that for the purposes of the SDOS actuator, .040
lockwire will function the same as .041 lockwire. The FAA further notes
that Boeing Special Attention Requirements Bulletin 737-71-1911 RB,
Revision 1, dated September 10, 2020, does not specify the use of
lockwire in an RC step. Therefore, no change to this AD is necessary as
a result of this comment.
Request To Change Description of the Incidents Prompting This AD
Boeing requested an update to the SUMMARY and Discussion sections
of the NPRM, and paragraph (e) of the proposed AD, to clarify that
there were two different causes and corrective actions.
The FAA agrees and has revised the Summary, Background, and
paragraph (e) of this AD to delineate the two corrective actions. The
Background section of this final rule describes in detail the two
incidents and how each resulted in the actuator's sudden and hazardous
extension. To address the cause of each incident, this AD requires two
actions, both of which are unchanged from the NPRM: (1) Replacing each
affected SDOS actuator with a new SDOS actuator, and (2) verifying that
new safety markers are installed in the proper locations.
[[Page 40930]]
Request To Update the Number of Affected U.S. Airplanes
Boeing stated that the number of affected U.S.-registered airplanes
identified in the Costs of Compliance section depends on whether the
NPRM covers only the SDOS attachment issue (in which case Boeing stated
the number is correct), or also covers the safety marker issue (in
which case Boeing stated an additional 240 airplanes would be
affected).
The FAA notes that since this AD addresses both the SDOS actuator
attachment issue and the safety marker issue, both types of affected
SDOS actuators must be replaced, resulting in an additional 240 U.S.-
registered airplanes that would be affected. The estimated cost for
this AD has been updated to reflect a total of 400 U.S.-registered
airplanes.
Request To Revise Cost Estimate
Boeing requested that the FAA revise the Costs of Compliance
section of the NPRM to correct the labor cost calculation to $425 per
airplane.
The FAA agrees that the NPRM provided an incorrect estimate for the
number of work-hours to replace the SDOS actuators. The FAA has revised
the costs accordingly in this final rule.
Request To Modify the Affected Part Without Removal
Southwest Airlines requested clarification as to whether the SDOS
actuator part number BOE-2001-901H can be changed on wing to part
number BOE-2001-901J using the General Aerospace Service Bulletin BOE-
2001-901-71-01 referenced in the Boeing Special Attention Service
Bulletin 737-71-1911, Revision 1, dated September 10, 2020. Southwest
Airlines stated that it believes it is possible to do so.
The FAA notes that neither General Aerospace Service Bulletin BOE-
2001-901-71-01, which is referenced in Boeing Special Attention Service
Bulletin 737-71-1911, nor Boeing Special Attention Requirements
Bulletin 737-71-1911 RB, Revision 1, both dated September 10, 2020,
requires removing the SDOS actuator before applying the safety markers.
No change to this final rule is necessary as a result of this comment.
Request To Clarify the Need for Ongoing Inspections
Southwest Airlines asked whether the FAA was developing a
requirement for ongoing inspections to make sure the safety markers are
still present. The commenter stated that Boeing Special Attention
Requirements Bulletin 737-71-1911 RB, dated November 26, 2019, does not
mention inspecting for safety markers after the initial compliance.
The FAA notes that proper installation of the safety markers is
intended to be permanent; therefore, no repetitive inspections of the
safety marker installation are necessary. Because all Model 737
airplanes powered by LEAP-1B engines have engine fan cowls that, due to
parts rotability, are subject to reinstallation of affected SDOS
actuators, those airplanes are subject to the requirements of paragraph
(j) of this AD, which prohibits the installation of SDOS actuators
having part numbers BOE-2001-901F and BOE-2001-901H. The FAA has not
changed this AD as a result of the comment.
Request To Include Instructions for Examination of Spare Parts
United Airlines requested clarification of actions required for
spare parts. The commenter asserted that spare parts should be handled
in the same manner as parts found installed on the aircraft once they
are removed and that Paragraph 3.B., Work Instructions, provided in the
Boeing Special Attention Service Bulletin 737-71-1911, dated November
26, 2019, are intended to be performed at an aircraft level with some
steps not being applicable.
The FAA disagrees and has not changed the AD with regard to this
request. ADs in general do not apply directly to spare parts because
under 14 CFR part 39, ADs are legally enforceable rules that apply only
to products such as airplanes, and not to parts that are not installed
on an airplane. The FAA can, by AD, prohibit or condition the
installation of a part on a product. This AD prohibits the installation
of SDOS actuators having part numbers BOE-2001-901F and BOE-2001-901H.
However, the FAA notes that Boeing Special Attention Service Bulletin
737-71-1911, Revision 1, dated September 10, 2020, includes non-
mandatory information on how to contact General Aerospace for shipping
instructions for SDOS actuator part number BOE-2001-901F, although this
AD does not require the return of any parts. Further, the BOE-2001-901H
SDOS actuators can be changed to BOE-2001-901J SDOS actuators.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Special Attention Requirements Bulletin
737-71-1911 RB, Revision 1, dated September 10, 2020. This service
information describes procedures for replacing each affected SDOS
actuator with a new SDOS actuator and verifying that safety markers are
installed. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 400 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
----------------------------------------------------------------------------------------------------------------
Replace SDOS actuator................. 5 work-hours x $85 per * $ * $425 * $170,000
hour = $425.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency to provide parts cost estimates for the
actions specified in this proposed AD.
[[Page 40931]]
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected persons.
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.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2021-13-18 The Boeing Company: Amendment 39-21623; Docket No. FAA-
2020-0333; Product Identifier 2020-NM-015-AD.
(a) Effective Date
This AD is effective September 3, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 737 airplanes
powered by LEAP-1B engines, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 71, Powerplant.
(e) Unsafe Condition
This AD was prompted by reports of inadvertent release of the
spring energy of certain spring door opening system (SDOS)
actuators. The FAA is issuing this AD to address possible separation
of the SDOS actuator and visual obstruction of the SDOS actuator
safety marker, which, during maintenance, can cause injury to
maintenance personnel or damage to the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
For airplanes identified in Boeing Special Attention
Requirements Bulletin 737-71-1911 RB, Revision 1, dated September
10, 2020: At the applicable times specified in the ``Compliance''
paragraph of Boeing Special Attention Requirements Bulletin 737-71-
1911 RB, Revision 1, dated September 10, 2020, except as specified
by paragraph (h) of this AD, do all applicable actions identified
in, and in accordance with, the Accomplishment Instructions of
Boeing Special Attention Requirements Bulletin 737-71-1911 RB,
Revision 1, dated September 10, 2020.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Special Attention Service
Bulletin 737-71-1911, Revision 1, dated September 10, 2020, which is
referred to in Boeing Special Attention Requirements Bulletin 737-
71-1911 RB, Revision 1, dated September 10, 2020.
(h) Exception to Service Information Specifications
Where Boeing Special Attention Requirements Bulletin 737-71-1911
RB, Revision 1, dated September 10, 2020, uses the phrase ``the
original issue date of Requirements Bulletin 737-71-1911 RB,'' this
AD requires using ``the effective date of this AD.''
(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 Special Attention
Requirements Bulletin 737-71-1911 RB, dated November 26, 2019.
(j) Parts Installation Prohibition
As of the effective date of this AD, no person may install on
any airplane an SDOS actuator having part number BOE-2001-901F or
BOE-2001-901H.
(k) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (l) of this AD. Information may be
emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, 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.
(l) Related Information
For more information about this AD, contact Rose Len, Aerospace
Engineer, Propulsion Section, FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198; phone and fax: 206-231-3604; email:
[email protected].
(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 Special Attention Requirements Bulletin 737-71-1911
RB, Revision 1, dated September 10, 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,
[[Page 40932]]
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 18, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-16174 Filed 7-29-21; 8:45 am]
BILLING CODE 4910-13-P
