[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Proposed Rules]
[Pages 32667-32670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14502]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0252; Product Identifier 2019-NM-048-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 727 airplanes, Model 757 airplanes,
and Model 767-200, -300, -300F, and -400ER series airplanes. This
proposed AD was prompted by reports of nuisance stick shaker activation
while the airplane accelerated to cruise speed at the top of climb.
This proposed AD was also prompted by an investigation of those reports
that revealed that the angle of attack (AOA) (also known as angle of
airflow) sensor vanes could not prevent the build-up of ice, causing
the AOA sensor vanes to become immobilized, which resulted in nuisance
stick shaker activation. This proposed AD would require a general
visual inspection of the AOA sensors for a part number, and replacement
of affected AOA sensors. We are proposing this AD to address the unsafe
condition on these products.
DATES: We must receive comments on this proposed AD by August 23, 2019.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, 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
[[Page 32668]]
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-2019-0252.
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-2019-
0252; 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 NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Jeffrey W. Palmer, Aerospace Engineer,
Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960
Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5351; fax:
562-627-5210; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0252;
Product Identifier 2019-NM-048-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We have received reports of nuisance stick shaker activation while
the airplane was accelerating to cruise speed at the top of the climb.
A review of recorded flight data and weather reports indicated that the
cause of the nuisance stick shaker activation was immobilized AOA
sensor vanes, which were frozen because the heaters in the AOA sensors
vanes were not sufficient to prevent ice build-up in the AOA sensor
faceplate and vane. This can be caused by water entering the AOA vane
pivot and freezing during takeoff. This condition, if not addressed,
could result in inaccurate or unreliable AOA sensor data being
transmitted to airplane systems and consequent loss of controllability
of the airplane.
Related Service Information Under 1 CFR Part 51
We reviewed Boeing Alert Service Bulletin 727-34A0247, dated
January 2, 2019; Boeing Alert Service Bulletin 757-34A0611, Revision 1,
dated March 22, 2019; and Boeing Alert Service Bulletin 767-34A0828,
dated December 6, 2018. The service information describes procedures
for a general visual inspection of the AOA sensors for a certain part
number, and replacement of affected AOA sensors. 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.
FAA's Determination
We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishment of the actions
identified as ``RC'' (required for compliance) in the Accomplishment
Instructions of Boeing Alert Service Bulletin 727-34A0247, dated
January 2, 2019; Boeing Alert Service Bulletin 757-34A0611, Revision 1,
dated March 22, 2019; and Boeing Alert Service Bulletin 767-34A0828,
dated December 6, 2018; described previously, except as discussed under
``Differences Between this Proposed AD and the Service Information,''
and except for any differences identified as exceptions in the
regulatory text of this proposed AD.
For information on the procedures and compliance times, see this
service information at http://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0252.
Differences Between This Proposed AD and the Service Information
Although Boeing Alert Service Bulletin 727-34A0247, dated January
2, 2019, recommends accomplishing the inspection within 2,750 flight
hours; Boeing Alert Service Bulletin 757-34A0611, Revision 1, dated
March 22, 2019, recommends accomplishing the inspection within 9,960
flight hours; and Boeing Alert Service Bulletin 767-34A0828, dated
December 6, 2018, recommends accomplishing the inspection within 3,470
flight hours, we have determined that this compliance time will not
ensure that the identified unsafe condition is addressed in a timely
manner. In developing an appropriate compliance time for this AD, we
considered the degree of urgency associated with addressing the subject
unsafe condition, the average utilization of the affected fleet, and
the time necessary to perform the modifications. In light of all of
these factors, we find the compliance times specified in the applicable
service information, or within 36 months after the effective date of
this AD, whichever occurs first, represents an appropriate interval of
time for affected airplanes to continue to operate without compromising
safety. This difference has been coordinated with the Boeing.
Costs of Compliance
We estimate that this proposed AD affects 1,287 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
Estimated Costs for Required Actions
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Action Labor cost Parts cost Cost per product Cost on U.S. operators
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Inspection........................ 1 work-hour x $85 per $0............................ $85........................... $109,395.
hour = $85.
Replacement....................... Up to 3 work-hours x Up to $54,000................. Up to $54,255................. Up to $69,826,185.
$85 per hour = Up to
$255.
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[[Page 32669]]
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.
This proposed 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 and associated appliances to the
Director of the System Oversight Division.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 the proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under the 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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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):
The Boeing Company: Docket No. FAA-2019-0252; Product Identifier
2019-NM-048-AD.
(a) Comments Due Date
The FAA must receive comments on this AD action by August 23,
2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company airplanes, identified in
paragraphs (c)(1) through (c)(3) of this AD, certificated in any
category.
(1) Model 727, 727C, 727-100, 727-100C, 727-200, and 727-200F
series airplanes, as identified in Boeing Alert Service Bulletin
727-34A0247, dated January 2, 2019.
(2) Model 757-200, -200PF, -200CB, and -300 series airplanes, as
identified in Boeing Alert Service Bulletin 757-34A0611, Revision 1,
dated March 22, 2019.
(3) Model 767-200, -300, -300F, and -400ER series airplanes, as
identified in Boeing Alert Service Bulletin 767-34A0828, dated
December 6, 2018.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Unsafe Condition
This AD was prompted by reports of nuisance stick shaker
activation while the airplane accelerated to cruise speed at the top
of climb. This AD was also prompted by an investigation of those
reports that revealed that the angle of attack (AOA) (also known as
angle of airflow) sensor vanes could not prevent the build-up of
ice, causing the AOA sensor vanes to become immobilized, which
resulted in nuisance stick shaker activation. We are issuing this AD
to address ice build-up in the AOA sensor faceplate and vane, which
may immobilize the AOA sensor vanes, and could result in inaccurate
or unreliable AOA sensor data being transmitted to airplane systems
and consequent loss of controllability of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified in paragraph (h) of this AD: Within 36
months after the effective date of this AD or at the applicable
times specified in paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 727-34A0247, dated January 2, 2019; Boeing Alert
Service Bulletin 757-34A0611, Revision 1, dated March 22, 2019; or
Boeing Alert Service Bulletin 767-34A0828, dated December 6, 2018;
as applicable, whichever occurs first, do all applicable actions
identified as ``RC'' (required for compliance) in, and in accordance
with, the Accomplishment Instructions of Boeing Alert Service
Bulletin 727-34A0247, dated January 2, 2019; Boeing Alert Service
Bulletin 757-34A0611, Revision 1, dated March 22, 2019; or Boeing
Alert Service Bulletin 767-34A0828, dated December 6, 2018; as
applicable. All replacements of the affected AOA sensors must be
done before further flight.
(h) Exceptions to Service Information Specifications
For purposes of determining compliance with the requirements of
this AD: Where Boeing Alert Service Bulletin 727-34A0247, dated
January 2, 2019; Boeing Alert Service Bulletin 757-34A0611, Revision
1, dated March 22, 2019; or Boeing Alert Service Bulletin 767-
34A0828, dated December 6, 2018; as applicable, uses the phrase
``the original issue date of this service bulletin,'' this AD
requires using ``the effective date of this AD.''
(i) 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 (j)(1) of this AD. Information
may be emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the 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, Los
Angeles ACO Branch, FAA, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
(4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of
[[Page 32670]]
paragraphs (i)(4)(i) and (i)(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.
(j) Related Information
(1) For more information about this AD, contact Jeffrey W.
Palmer, Aerospace Engineer, Systems and Equipment Section, FAA, Los
Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-
4137; phone: 562-627-5351; fax: 562-627-5210; email:
[email protected].
(2) 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. You may view this referenced 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.
Issued in Des Moines, Washington, on June 10, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-14502 Filed 7-8-19; 8:45 am]
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