[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60673-60676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23084]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1041; Directorate Identifier 2011-NM-272-AD; 
Amendment 39-17590; AD 2013-19-08]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 727 airplanes; Model 737-100, -200, and -200C 
series airplanes; and Model 747-100, -100B, -100B SUD, -200B, -200C, -
200F, -300, -400, -400D, -400F, 747SR, and 747SP series airplanes. This 
AD was prompted by a report of an activation of the control column 
shaker during takeoff. This AD requires performing a general visual 
inspection to determine if a certain angle of attack (AOA) sensor with 
a paddle type vane is installed, and, for affected sensors, performing 
an operational test of the stall warning system, and replacing the AOA 
sensor with a new sensor if necessary. We are issuing this AD to 
prevent erroneous activation of the control column shaker during 
takeoff, which could result in runway overrun, failure to clear terrain 
or obstacles after takeoff, or reduced controllability of the airplane.

DATES: This AD is effective November 6, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of November 6, 
2013.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, Washington. For information on the availability of 
this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the

[[Page 60674]]

Docket Management Facility between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The AD docket contains this AD, the 
regulatory evaluation, any comments received, and other information. 
The address for the Docket Office (phone: 800-647-5527) is Document 
Management Facility, 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: Ray Mei, Aerospace Engineer, Systems 
and Equipment Branch, ANM-130S, Seattle Aircraft Certification Office, 
FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6467; 
fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to the specified products. The 
NPRM published in the Federal Register on October 10, 2012 (77 FR 
61548). The NPRM proposed to require performing a general visual 
inspection to determine if a certain angle of attack (AOA) sensor with 
a paddle type vane is installed, and, for affected sensors, performing 
an operational test of the stall warning system, and replacing the AOA 
sensor with a new sensor if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 61548, October 10, 2012) and the FAA's response to each comment.

Supportive Comments

    United Airlines and Air Line Pilots Association, International 
supported the NPRM (77 FR 61548, October 10, 2012).

Request To Allow Credit for Certain ``C'' Check Actions

    Boeing requested that paragraph (f), ``Compliance,'' of the NPRM 
(77 FR 61548, October 10, 2012) be modified. Boeing stated it 
recommends the NPRM specifically state that if the maintenance planning 
document (MPD) ``C'' check task associated with the stall warning 
system has been accomplished within the last 15 months, or if one is 
scheduled within the compliance time, it can take the place of the 
required inspection. Boeing stated that the intent of the NPRM is then 
satisfied and no further inspection is required. Boeing also stated 
that the compliance statement in the Boeing service information is 
identical to the ``SRP 7X7-34-0114'' final compliance recommendation 
submitted to the FAA and it has been agreed upon.
    We partially agree with Boeing's request. We agree with the intent 
of the request that the stall warning system test may be accomplished 
in lieu of the required inspection of the AOA sensor. However, because 
maintenance documents vary among operators, operators will have to 
submit data substantiating that the change would provide an acceptable 
level of safety. We have added a new paragraph (h) to this AD to allow 
accomplishment of this optional method of compliance in accordance with 
a method approved by the FAA. We have redesignated subsequent 
paragraphs accordingly.

Request To Review the Maintenance Records in Lieu of the Inspection

    Lufthansa Technik AG requested that a review of the maintenance 
records be allowed in lieu of the inspection. Lufthansa Technik stated 
that in many cases it is possible to determine the part number 
installed from the airplane maintenance documents. Lufthansa Technik 
stated that the Boeing delivery documents contain a list with part 
numbers of the AOA sensors that are installed at airplane delivery. 
Lufthansa Technik stated that in the case of an AOA sensor being 
changed or replaced after delivery, it will be recorded in the airplane 
maintenance records. Lufthansa Technik also stated that some operators 
keep databases with the part numbers and serial numbers currently 
installed on their airplanes. Lufthansa Technik stated that in order to 
avoid incorrect results of the maintenance reviews due to incomplete or 
unclear maintenance records, the option should be limited to those 
cases where the part number of the sensors can be determined from that 
review without any doubt.
    We disagree with Lufthansa Technik's request. It is the FAA's 
intent with this AD to require determination of the type of AOA vanes 
installed on the airplane by an actual physical inspection of the AOA 
vane installation. For purposes of correcting a potential unsafe 
condition in the AOA vanes, the FAA considers actual physical 
inspection of the type of AOA vanes installed to be the most reliable 
method of determining what type of vane is installed. Although airplane 
maintenance records may in some cases document the AOA vane 
installation, they may also contain incorrect or outdated information, 
or be incorrectly interpreted (for example, by misreading the installed 
part number, or misunderstanding part number effectivity in the service 
information). Although it is true that in some cases the FAA has 
allowed a review of the maintenance records in lieu of an inspection, 
the physical inspection of the AOA in this case is far more reliable 
than the record check and it can be performed easily. We have not 
changed this AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously--and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 61548, October 10, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 61548, October 10, 2012).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 1,013 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per      Cost on  U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection........................  3 work-hours x $85 per                 $0             $255        $258,315.
                                     hour = $255.
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[[Page 60675]]

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the proposed inspection. 
We have no way of determining the number of aircraft that might need 
this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                         Labor cost                Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement........................  Up to 2 work-hours x $85     Up to $36,552.........  Up to $36,722.
                                      per hour = $170.
----------------------------------------------------------------------------------------------------------------

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.
    We are 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) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2013-19-08 The Boeing Company: Amendment 39-17590; Docket No. FAA-
2012-1041; Directorate Identifier 2011-NM-272-AD.

(a) Effective Date

    This AD is effective November 6, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company series airplanes, 
certificated in any category, as specified in paragraphs (c)(1), 
(c)(2), and (c)(3) of this AD.
    (1) Model 727, 727C, -100, -100C, -200, and -200F series 
airplanes, identified in Boeing Special Attention Service Bulletin 
727-34-0245, dated June 4, 2008.
    (2) Model 737-100, -200, and -200C series airplanes, identified 
in Boeing Special Attention Service Bulletin 737-34-2102, dated June 
5, 2008.
    (3) Model 747-100, -100B, -100B SUD, -200B, -200C, -200F, -300, 
-400, -400D, -400F, 747SR, and 747SP series airplanes, identified in 
Boeing Special Attention Service Bulletin 747-34-2925, dated June 4, 
2008.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 3418, Stall Warning System.

(e) Unsafe Condition

    This AD was prompted by a report of an erroneous activation of 
the control column shaker during takeoff. We are issuing this AD to 
prevent erroneous activation of the control column shaker during 
takeoff, which could result in runway overrun, failure to clear 
terrain or obstacles after takeoff, or reduced controllability of 
the airplane.

(f) Compliance

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

(g) Inspection

    Within 36 months after the effective date of this AD: Do a 
general visual inspection of the left and right angle of attack 
(AOA) sensor as applicable, to determine if a certain AOA sensor 
with a paddle type vane is installed, in accordance with the 
Accomplishment Instructions of the applicable service information 
specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD.
    (1) Boeing Special Attention Service Bulletin 727-34-0245, dated 
June 4, 2008 (for Model 727 airplanes).
    (2) Boeing Special Attention Service Bulletin 737-34-2102, dated 
June 5, 2008 (for Model 737-100, -200, and -200C series airplanes).
    (3) Boeing Special Attention Service Bulletin 747-34-2925, dated 
June 4, 2008 (for Model 747-100, -100B, -100B SUD, -200B, -200C, -
200F, -300, -400, -400D, -400F, 747SR, and 747SP series airplanes).

(h) Optional Method of Compliance

    Operators may accomplish a stall warning system test in lieu of 
the inspection specified in paragraph (g) of this AD by using a 
method approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA.

(i) Operational Test and Replacement

    If, during the inspection required by paragraph (g) of this AD, 
it is determined that an AOA sensor with a paddle type vane is 
installed: Before further flight, do an operational test of the 
stall warning system, in accordance with Part 2 of the 
Accomplishment Instructions of the applicable service information 
specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD.
    (1) For group 2 airplanes identified in Boeing Special Attention 
Service Bulletin 747-34-2925, dated June 4, 2008: If you cannot get 
the values given in the table specified in Part 2 of the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 747-34-2925, dated June 4, 2008, before further flight, 
replace the AOA sensor, in accordance with the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 747-34-
2925, dated June 4, 2008.
    (2) For all airplanes, except those identified in paragraph 
(i)(1) of this AD: If the AOA sensor fails to activate the control 
column shaker in the operational test, replace the AOA sensor with a 
new AOA sensor, in accordance with Part 3 of the Accomplishment 
Instructions of the applicable service information specified in 
paragraph (i)(2)(i), (i)(2)(ii), or (i)(2)(iii) of this AD.
    (i) Boeing Special Attention Service Bulletin 727-34-0245, dated 
June 4, 2008 (for Model 727 airplanes).

[[Page 60676]]

    (ii) Boeing Special Attention Service Bulletin 737-34-2102, 
dated June 5, 2008 (for Model 737-100, -200, and -200C series 
airplanes).
    (iii) Boeing Special Attention Service Bulletin 747-34-2925, 
dated June 4, 2008 (for Model 747-100, -100B, -100B SUD, -200B, -
200C, -200F, -300, -400, -400D, -400F, 747SR, and 747SP series 
airplanes).

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office, (ACO), 
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 ACO, send it to the 
attention of the person identified in paragraph (k) of this AD. 
Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(k) Related Information

    For more information about this AD, contact Ray Mei, Aerospace 
Engineer, Systems and Equipment Branch, ANM-130S, Seattle Aircraft 
Certification Office, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: (425) 917-6467; fax: (425) 917-6590; email: 
[email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 727-34-0245, dated 
June 4, 2008.
    (ii) Boeing Special Attention Service Bulletin 737-34-2102, 
dated June 5, 2008.
    (iii) Boeing Special Attention Service Bulletin 747-34-2925, 
dated June 4, 2008.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; 
telephone 206-544-5000, extension 1; fax 206-766-5680; Internet 
https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 13, 2013.
Jeffrey E. Duven,
Acting Manager, Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2013-23084 Filed 10-1-13; 8:45 am]
BILLING CODE 4910-13-P