[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Rules and Regulations]
[Pages 11137-11140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03030]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9111; Directorate Identifier 2016-NM-132-AD; 
Amendment 39-18802; AD 2017-04-07]
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 757 airplanes. This AD was prompted by reports 
of single and multiple uncommanded spoiler panel extensions during 
flight when there was a hydraulic system failure. This AD requires 
replacing certain spoiler power control units (PCUs) with new or 
changed PCUs. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective March 28, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 28, 
2017.

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 referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9111.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9111; or in person at the 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 Docket 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: Myra Kuck, Aerospace Engineer, Cabin 
Safety/Mechanical & Environmental Systems Branch, ANM-150L, FAA, Los 
Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, 
Lakewood, CA 90712-4137; phone: 562-627-5316; fax: 562-627-5210; 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 certain The Boeing Company 
Model 757 airplanes. The NPRM published in the Federal Register on 
September 22, 2016 (81 FR 65307) (``the NPRM''). The NPRM was prompted 
by reports of single and multiple uncommanded spoiler panel extensions 
during flight. The condition known as ``spoiler panel float'' occurred 
when there was a hydraulic system pressure loss. When the flaps were 
extended beyond 20 degrees the spoiler panel float became severe enough 
to adversely impact airplane control. The NPRM proposed to require 
replacing certain spoiler PCUs with new or changed PCUs. We are issuing 
this AD to prevent an uncommanded extension of multiple spoiler panels 
on one wing, in the event of a hydraulic system failure, which could 
result in the loss of control of the airplane.

Comments

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

Support for the NPRM

    United Airlines expressed support for the NPRM.

Request To Revise Applicability

    MOOG Commercial Aircraft Group (MOOG) requested that we revise the 
applicability to include Boeing Model

[[Page 11138]]

757-200SF airplanes. MOOG stated that these airplanes are operated by 
some cargo operators.
    We do not agree with MOOG's request. The designation ``Model 757-
200SF'' is used for marketing purposes, but is not included on the 
Model 757 type certificate data sheet. Therefore, we have not included 
this reference in the applicability of this AD. We have not revised 
this AD in this regard.

Request To Revise Compliance Time

    The Air Line Pilots Association, International (ALPA) requested 
that we revise the compliance time from 51 months to 36 months.
    We do not agree with ALPA's request. ALPA did not submit any 
supporting data to justify its request. We have determined that the 
compliance time of 51 months is appropriate based upon failure 
probabilities, risk assessments, replacement rates, and part 
availability. We have not revised this AD in this regard.

Request To Revise Unsafe Condition Statement and Paragraph (e) of the 
Proposed AD

    Boeing requested that we revise the NPRM to clarify the unsafe 
condition. The NPRM stated that the AD would prevent an ``uncommanded 
extension of spoiler panels.'' Boeing stated that an ``uncommanded 
extension of multiple spoiler panels on one wing'' more accurately 
describes the unsafe condition. Boeing explained that there is 
sufficient lateral control authority available to overcome an 
uncommanded extension of a single spoiler panel on one wing, or 
coincident uncommanded extension of a spoiler panel on each wing.
    We agree with Boeing's request and rationale. We have revised the 
Discussion section of this final rule and paragraph (e) of this AD 
accordingly.
    MOOG requested that we revise paragraph (e) of the proposed AD to 
emphasize the need to accomplish the service information in order to 
prevent the unsafe condition.
    We find that clarification is necessary. As stated in paragraph (g) 
of this AD, the spoiler PCUs must be replaced in accordance with the 
specified service information to address the unsafe condition. Service 
information that is incorporated by reference in an AD becomes part of 
the AD, and the applicable requirements must be accomplished as stated 
in the AD. Paragraph (e) of this AD is intended to specify the unsafe 
condition; details about accomplishing the service information are not 
included in this paragraph. We have not revised this AD in this regard.

Request To Add Detail to the SUMMARY Section

    MOOG requested that to add clarity, we revise the SUMMARY section 
by adding most of the details found in Boeing's request (See ``Request 
to Clarify Spoiler Panel Float'' of this final rule.).
    We agree that the additional details in Boeing's comment provide a 
better understanding of the unsafe condition. We have added that 
information to the Discussion section, as discussed in our response to 
Boeing's comment. We have not added this information to the SUMMARY 
section of this final rule since it is not the appropriate location for 
such details.

Request To Clarify Spoiler Panel Float

    Boeing requested that we revise the Discussion section of the NPRM 
to clarify that ``spoiler panel float'' occurred when there was a 
hydraulic system pressure loss, and that when the flaps were extended 
beyond 20 degrees, the spoiler panel float became severe enough to 
adversely impact airplane control. Boeing explained that spoiler float 
will occur at all flap detents in the presence of a failed hydraulic 
system and a compromised spoiler actuator. Boeing explained that the 
magnitude of the spoiler float angle at the flap detents of 20 degrees 
and below is relatively modest and results in a rolling moment that is 
well within the airplane's capabilities to offset. Boeing stated that 
when a flap detent greater than 20 degrees is selected, the magnitude 
of the spoiler float angle increases dramatically, and the float angle 
becomes large enough to reduce the margin of airplane control 
authority.
    We agree with Boeing's request because it provides additional 
details that clarify the unsafe condition. We have revised this final 
rule accordingly.

Request for Warranty Coverage

    Thomson Airways stated that MOOG should be providing full industry 
support and warranty to correct its design fault. Thomson Airways 
stated that this spoiler PCU upgrade is increasing the ownership costs 
on an already aging fleet through poor design on behalf of MOOG.
    The FAA does not control warranty coverage. Manufacturers are 
responsible to determine appropriate industry warranty coverage. 
Therefore, we have not revised this AD in this regard.

Request for Clarification of Parts Installation

    FedEx Express (FedEx) requested that we clarify whether a pre-
service-bulletin part may be installed in positions 2, 4, 9, 10, and 11 
after the effective date of the AD, but before the 51-month compliance 
date, provided the pre-service-bulletin part is removed and replaced 
with a post-service bulletin part before the 51-month compliance time.
    We agree that it is necessary to provide clarification. An operator 
may install a pre-service-bulletin part before the 51-month compliance 
time specified in this AD. As stated in paragraph (g) of this AD, the 
spoiler PCUs must be replaced at the specified positions with a new or 
changed PCU within 51 months after the effective date of this AD. 
However, after an operator complies with paragraph (g) of this AD, only 
new or changed PCUs may be installed (even if compliance is 
accomplished before the 51-month compliance time) at the locations 
identified in paragraph (g) of this AD. No change to this AD is needed 
in this regard.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing (APB) stated that the installation of 
winglets per Supplemental Type Certificate (STC) ST01518SE does not 
affect the accomplishment of the manufacturer's service instructions.
    We agree with APB that STC ST01518SE does not affect the 
accomplishment of the manufacturer's service instructions. Therefore, 
the installation of STC ST01518SE does not affect the ability to 
accomplish the actions required by this AD. 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 for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

[[Page 11139]]

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 757-27A0154, dated July 
22, 2016. The service information describes procedures for replacing 
certain spoiler PCUs with new or changed PCUs. 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

    We estimate that this AD affects 573 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
----------------------------------------------------------------------------------------------------------------
Replacement of six PCUs..............  8 work-hours x $85 per          $32,652          $33,332      $19,099,236
                                        hour = $680.
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    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):

2017-04-07 The Boeing Company: Amendment 39-18802; Docket No. FAA-
2016-9111; Directorate Identifier 2016-NM-132-AD.

(a) Effective Date

    This AD is effective March 28, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200PF, -
200CB, and -300 series airplanes, certificated in any category, as 
identified in Boeing Alert Service Bulletin 757-27A0154, dated July 
22, 2016.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of single and multiple 
uncommanded spoiler panel extensions during flight when there was a 
hydraulic system failure. We are issuing this AD to prevent an 
uncommanded extension of multiple spoiler panels on one wing, in the 
event of a hydraulic system failure, which could result in the loss 
of control of the airplane.

(f) Compliance

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

(g) Replacement

    Within 51 months after the effective date of this AD: Replace 
each spoiler power control unit (PCU) with a new or changed PCU at 
spoiler positions 2, 3, and 4 on the left wing, and spoiler 
positions 9, 10, and 11 on the right wing, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 757-
27A0154, dated July 22, 2016.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 (i) 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 Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Los Angeles ACO, 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) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(h)(4)(i) and (h)(4)(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

[[Page 11140]]

still be done as specified, and the airplane can be put back in an 
airworthy condition.

(i) Related Information

    For more information about this AD, contact Myra Kuck, Aerospace 
Engineer, Cabin Safety/Mechanical & Environmental Systems branch, 
ANM-150L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 
Paramount Boulevard, Lakewood, California 90712-4137; phone: 562-
627-5316; fax: 562-627-5210; email: [email protected].

(j) 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 Service Bulletin 757-27A0154, dated July 22, 
2016.
    (ii) Reserved.
    (3) For Boeing 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 referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
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 January 23, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-03030 Filed 2-17-17; 8:45 am]
 BILLING CODE 4910-13-P