[Federal Register Volume 83, Number 151 (Monday, August 6, 2018)]
[Rules and Regulations]
[Pages 38247-38250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16320]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0805; Product Identifier 2017-NM-051-AD; Amendment 
39-19235; AD 2018-07-04]
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 all The 
Boeing Company Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), 
and DC-9-87 (MD-87) airplanes, Model MD-88 airplanes, and Model MD-90-
30 airplanes. This AD was prompted by a report of loss of airspeed 
indication due to icing. This AD requires modifying the air data heat 
(ADH) system. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective September 10, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 10, 
2018.

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, Transport Standards 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 http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0805.

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-2017-
0805; 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 final rule, 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: Eric Igama, Aerospace Engineer, 
Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960 
Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5388; 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 all The Boeing Company 
Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 
(MD-87) airplanes, Model MD-88 airplanes, and Model MD-90-30 airplanes. 
The NPRM published in the Federal Register on August 25, 2017 (82 FR 
40505). The NPRM was prompted by a report of loss of airspeed 
indication due to icing. The NPRM proposed to require modifying the ADH 
system. We are issuing this AD to prevent operation of unheated air 
data sensors in icing conditions. Failure to activate the ADH system in 
icing conditions could result in irregular airspeed or altitude 
indications, which could possibly result in a runway overrun during a 
high speed rejected takeoff (RTO) due to failure to rotate before the 
end of the runway, or a stall/overspeed during flight.

Comments

    We 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.

[[Page 38248]]

Support for the NPRM

    Boeing and the Air Line Pilots Association, International (ALPA) 
expressed support for the NPRM.

Request To Allow the Use of Alternative Ground Terminal Locations

    Delta Airlines (DAL) requested that we revise the proposed AD to 
allow alternative ground terminal locations for certain wires. DAL 
noted that, during prototype testing, it was unable to relocate ground 
wire 2EB292B20N or ground wire 1EB292B20N to certain ground termination 
points because those points were already full of existing wires. DAL 
noted that Boeing Alert Service Bulletin MD90-30A031, dated June 2, 
2017, specifies locating ground wires in specific ground termination 
points, and that action is required for compliance (RC). DAL suggested 
that varied wiring configurations on Model MD-90 airplanes would lead 
it to make multiple requests for alternative methods of compliance 
(AMOCs), which could require additional out-of-service time for the 
affected airplanes. For this reason, DAL requested that we add language 
allowing the use of alternative ground terminal locations as specified 
in standard wiring practices manual (SWPM) chapter 20 and Boeing 
Service Request (SR) concurrence that provide an equivalent level of 
safety.
    We disagree with the commenter's request. If an airplane has a 
different wiring or ground termination configuration than that 
identified in Boeing Alert Service Bulletin MD90-30A031, dated June 2, 
2017, an operator must request an AMOC in accordance with the 
procedures specified in paragraph (j) of this AD. We have not changed 
this AD in this regard.

Request To Extend the Compliance Times

    DAL requested that the compliance times specified in paragraphs 
(g)(1) and (g)(2) of the proposed AD (within 28 months after the 
effective date of this AD and within 27 months after the effective date 
of this AD, respectively) be extended by 6 months. DAL noted that the 
actions required by this AD would have to be done outside of regularly 
scheduled heavy maintenance checks. DAL stated that Boeing is providing 
a lead time of 174 days to procure the needed kits. For these reasons, 
DAL requested that the compliance time be extended by 6 months for both 
Model MD-88 and MD-90 airplanes.
    We disagree with the commenter's request. We confirmed with Boeing 
that the lead time for kit procurement will be 75-90 days, with some 
components already available, not 174 days as suggested by DAL. If an 
operator needs additional time to comply with this AD, they may request 
an AMOC in accordance with the procedures specified in paragraph (j) of 
this AD. We have not changed this AD in this regard.

Changes to Paragraph (i) of This AD

    We have clarified the language of paragraph (i) of this AD. 
Paragraph (i) of the proposed AD would have allowed for the operation 
of the airplane even if the modified ADH system is inoperable, so long 
as the Master Minimum Equipment List (MMEL) and the operator's Minimum 
Equipment List (MEL) have a provision to allow for this inoperability. 
The FAA has revised paragraph (i) of this AD to make it clear that, if 
there is a provision in the operator's MEL that allows for the modified 
ADH system to be inoperable then the operator can operate the airplane 
with an inoperable modified ADH system. We have removed the references 
to the MMEL because it is unnecessary to reference the MMEL, as 
operators are required in 14 CFR part 91 to have an MEL to operate with 
inoperable equipment and a provision cannot be in an MEL without first 
being part of the MMEL. The intent of the provision has not changed.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this final rule with the change 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 the change 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

    We reviewed Boeing Alert Service Bulletin MD80-30A132, dated April 
28, 2017; and Boeing Alert Service Bulletin MD90-30A031, dated June 2, 
2017. This service information describes procedures for modifying the 
ADH system so that it activates when the left and right fuel switches 
are in the ON position. These documents are distinct since they apply 
to different airplane models. 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 553 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
----------------------------------------------------------------------------------------------------------------
Modification, MD-80 Group 1, 84         56 work-hours x $85 per           $4,459          $9,219        $774,396
 airplanes.                              hour = $4,760.
Modification, MD-80 Group 2, 11         57 work-hours x $85 per           11,014          15,859         174,449
 airplanes.                              hour = $4,845.
Modification, MD-80 Group 3, 336        57 work-hours x $85 per            8,589          13,434       4,513,824
 airplanes.                              hour = $4,845.
Modification, MD-80 Group 4, 1          56 work-hours x $85 per            4,479           9,239           9,239
 airplane.                               hour = $4,760.
Modification, MD-80 Group 5, 37         57 work-hours x $85 per           11,034          15,879         587,523
 airplanes.                              hour = $4,845.
Modification, MD-90 Group 1, 84         37 work-hours x $85 per            4,395           7,540         633,360
 airplanes.                              hour = $3,145.
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    We have received no definitive data that would enable us to provide 
cost estimates for doing the modification on Model MD-80 Group 6 
airplanes.

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

[[Page 38249]]

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

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):

2018-07-04 The Boeing Company: Amendment 39-19235; Docket No. FAA-
2017-0805; Product Identifier 2017-NM-051-AD.

(a) Effective Date

    This AD is effective September 10, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model DC-9-81 (MD-81), 
DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes, 
Model MD-88 airplanes, and Model MD-90-30 airplanes, certificated in 
any category.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and rain 
protection.

(e) Unsafe Condition

    This AD was prompted by a report of loss of airspeed indication 
due to icing. We are issuing this AD to prevent operation of 
unheated air data sensors in icing conditions. Failure to activate 
the air data heat (ADH) system in icing conditions could result in 
irregular airspeed or altitude indications, which could possibly 
result in a runway overrun during a high speed rejected takeoff 
(RTO) due to failure to rotate before the end of the runway, or a 
stall/overspeed during flight.

(f) Compliance

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

(g) Required Actions

    At the applicable time specified in paragraph (g)(1) or (g)(2) 
of this AD: Do all applicable actions identified as ``RC'' (required 
for compliance) in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Service Bulletin MD80-30A132, dated 
April 28, 2017; or Boeing Alert Service Bulletin MD90-30A031, dated 
June 2, 2017; as applicable; except as required by paragraph (h) of 
this AD.
    (1) For Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), 
DC-9-87 (MD-87), and Model MD-88 airplanes: Within 28 months after 
the effective date of this AD.
    (2) For Model MD-90-30 airplanes: Within 27 months after the 
effective date of this AD.

(h) Exception to Certain Service Information Specifications

    Where Boeing Alert Service Bulletin MD80-30A132, dated April 28, 
2017, specifies contacting Boeing, and specifies that action as 
``RC'' (Required for Compliance): This AD requires using a method 
approved in accordance with the procedures specified in paragraph 
(j) of this AD.

(i) Minimum Equipment List (MEL)

    In the event that the ADH system as modified by this AD is 
inoperable, an airplane may be operated as specified in the 
operator's MEL, provided provisions that address the modified ADH 
system are included in the MEL.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority 
to approve AMOCs for this AD, if requested using the procedures 
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your 
request to your principal inspector or 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 (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.
    (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 Branch, 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) Except as required by paragraph (h) of this AD: For service 
information that contains steps that are labeled as Required for 
Compliance (RC), the provisions of paragraphs (j)(4)(i) and 
(j)(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 still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(k) Related Information

    For more information about this AD, contact Eric Igama, 
Aerospace Engineer, Systems and Equipment Section, FAA, Los Angeles 
ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;

[[Page 38250]]

phone: 562-627-5388; fax: 562-627-5210; 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 Alert Service Bulletin MD80-30A132, dated April 28, 
2017.
    (ii) Boeing Alert Service Bulletin MD90-30A031, dated June 2, 
2017.
    (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, Transport 
Standards 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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on March 20, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-16320 Filed 8-3-18; 8:45 am]
 BILLING CODE 4910-13-P