[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33116-33119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13124]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1028; Project Identifier AD-2020-00978-T; 
Amendment 39-21599; AD 2021-12-12]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
The Boeing Company Model 717-200 airplanes. This AD was prompted by a 
report of discrepant spoiler assemblies, which have the wrong splice 
bar installed and lack reinforcing doublers, and by reports that some 
splice bars were shipped for installation on Model 717-200 airplanes, 
although they were not eligible for installation on Model 717-200 
airplanes and were identified incorrectly with the Model 717-200 splice 
bar part number. This AD requires a one-time inspection of the left- 
and right-wing inboard and outboard spoiler assemblies, for the correct 
configuration of the splice bar and doublers, and repair or replacement 
if necessary. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective July 29, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 29, 
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 at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-1028.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-1028; 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: Mohit Garg, Aerospace Engineer, 
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5264; fax: 562-627-
5210; 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 717-200 airplanes. The NPRM published in the Federal Register on 
December 29, 2020 (85 FR 85559). The NPRM was prompted by a report of 
discrepant spoiler assemblies, which have the wrong splice bar 
installed and lack reinforcing doublers, and by reports that some 
splice bars were shipped for installation on Model 717-200 airplanes, 
although they were not eligible for installation on Model 717-200 
airplanes and were identified incorrectly with the Model 717-200 splice 
bar part number. In the NPRM, the FAA proposed to require a one-time 
inspection of the left- and right-wing inboard and outboard spoiler 
assemblies for the correct splice bar and doublers

[[Page 33117]]

configuration, and repair if necessary. The FAA is issuing this AD to 
address splice bars which are not structurally adequate, which can lead 
to failure of the splice bar to keep the spoiler drive link engaged, 
and could result in spoiler float and consequent reduced 
controllability of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from The Air Line Pilots Association, 
International (ALPA) and Boeing, who supported the NPRM without change.
    The FAA received comments from two additional commenters, Delta Air 
Lines (Delta) and Hawaiian Airlines. The following presents the 
comments received on the NPRM and the FAA's response to each comment.

Request To Revise Compliance Time

    Delta asked that the compliance time of the proposed AD be changed 
to 27 months of ``flying days'' instead of calendar days. Delta stated 
that paragraph (g) of the proposed AD states, in part, ``At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Alert Requirements Bulletin 717-57A0027 RB, dated June 26, 2020.'' 
Delta noted that Paragraph 1.E., Compliance, of the referenced service 
information requires a general visual inspection for the correct splice 
bar and doubler configuration within 6,400 flight hours or 27 months. 
Delta added that because of the Covid-19 pandemic airlines have a large 
quantity of aircraft in storage, so changing to flight time would not 
affect the unsafe condition.
    The FAA does not agree with the commenter's request. In developing 
an appropriate compliance time for this action, the FAA considered the 
degree of urgency associated with addressing the subject unsafe 
condition, the manufacturer's recommendation for an appropriate 
compliance time, and the practical aspect of accomplishing the required 
inspection within a period of time that corresponds to the normal 
scheduled maintenance for most affected operators. In addition, the FAA 
notes that some Model 717-200 airplanes may have been in service during 
the pandemic and must comply within the required compliance time. 
Operators do have the option to inspect the airplane before the first 
flight following storage if the airplane is in storage for more than 27 
months. However, under the provisions of paragraph (k) of this AD, the 
FAA will consider requests for approval of an extension of the 
compliance time if sufficient data are submitted to substantiate that 
the new compliance time would provide an acceptable level of safety.

Requests To Allow Alternative Methods for Corrective Action

    Hawaiian Airlines asked that paragraph (h)(2) of the proposed AD, 
which requires obtaining approval of an alternative method of 
compliance (AMOC) for repair of any discrepant spoiler, be changed to 
add another method: Removal and replacement of the discrepant spoiler 
with a serviceable spoiler that has the correct splice bar and doublers 
using the procedure specified in the Model 717 airplane maintenance 
manual (AMM), Chapter 27-60-01. Hawaiian Airlines stated that this 
would alleviate further out-of-service time of the aircraft, and the 
discrepant spoiler can be repaired off-wing.
    The FAA agrees with the commenter's request. The FAA has added 
paragraphs (h)(2)(i) and (ii) of this AD to specify that either repair 
using a method approved in accordance with the procedures specified in 
paragraph (k) of this AD or replacement of any spoiler assembly having 
an incorrect configuration with a replacement spoiler assembly is 
acceptable for compliance with this AD. The FAA notes that a 
replacement spoiler assembly must have a correct configuration as 
specified in Boeing Alert Requirements Bulletin 717-57A0027 RB, dated 
June 26, 2020. The FAA has also added Note 2 to paragraph (h)(2)(ii) to 
specify that guidance for replacement can be found in Model 717 AMM, 
Chapter 27-60-01.
    Delta requested the FAA provide an approved method to correct the 
unsafe condition by removing and discarding any non-blueprint parts and 
re-assembling per original equipment manufacturer (OEM) spoiler drawing 
5940974-1/-2/-501/-502. Delta stated that the OEM spoiler drawing was 
acceptable for the type certification basis for the Model 717-200 
airplane during assembly of the aircraft. Delta added that restoring 
the spoiler to the OEM blueprint would restore the part to an approved 
configuration with the unsafe condition removed.
    The FAA disagrees with the commenter's request. An operator cannot 
bring a discrepant spoiler assembly back to the OEM correct 
configuration without modifying the underlying spoiler structure. 
Modifying the spoiler assembly requires repair instructions from the 
OEM. An operator may request an AMOC under the provisions of paragraph 
(k) of this AD.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety requires adopting this AD as 
proposed. Except for minor editorial changes, and any other changes 
described previously, this AD is adopted as proposed in the NPRM. None 
of the changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 717-57A0027 RB, 
dated June 26, 2020. This service information describes procedures for 
a one-time general visual inspection of the left- and right-wing 
inboard and outboard spoiler assemblies for the correct splice bar and 
doublers configuration, and repair. 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 
ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 114 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
              Action                         Labor cost             Parts cost        product        operators
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Inspection........................  4 work-hours x $85 per hour               $0            $340         $38,760
                                     = $340.
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    The FAA estimates the following costs to do any necessary on-
condition actions that would be required. The FAA has no way of 
determining the number of aircraft that might need these on-condition 
actions:

[[Page 33118]]



                 Estimated Costs of On-Condition Actions
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           Labor cost                 Parts cost       Cost per product
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Up to 2 work-hour x $85 per hour  $5,432 per spoiler  Up to $5,602 per
 = Up to $170 per spoiler          assembly.           spoiler assembly.
 assembly.
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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.
    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.

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:

2021-12-12 The Boeing Company: Amendment 39-21599; Docket No. FAA-
2020-1028; Project Identifier AD-2020-00978-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 29, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 717-200 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a report of discrepant spoiler 
assemblies, which have the wrong splice bar installed and lack 
reinforcing doublers. The FAA is issuing this AD to address splice 
bars which are not structurally adequate, which can lead to failure 
of the splice bar to keep the spoiler drive link engaged, and could 
result in spoiler float and consequent reduced controllability of 
the airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Alert Requirements Bulletin 717-57A0027 RB, dated June 26, 2020, do 
all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
717-57A0027 RB, dated June 26, 2020.
    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
717-57A0027, dated June 26, 2020, which is referred to in Boeing 
Alert Requirements Bulletin 717-57A0027 RB, dated June 26, 2020.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Requirements Bulletin 717-57A0027 RB, 
dated June 26, 2020, uses the phrase ``the original issue date of 
Requirements Bulletin 717-57A0027 RB,'' this AD requires using ``the 
effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 717-57A0027 RB, 
dated June 26, 2020, specifies contacting Boeing for repair 
instructions: This AD requires doing the actions specified in 
paragraph (h)(2)(i) or (ii) of this AD before further flight.
    (i) Repair using a method approved in accordance with the 
procedures specified in paragraph (k) of this AD.
    (ii) Replace any spoiler assembly having incorrect configuration 
with a replacement spoiler assembly. A replacement spoiler assembly 
must have a correct configuration as specified in Boeing Alert 
Requirements Bulletin 717-57A0027 RB, dated June 26, 2020.
    Note 2 to paragraph (h)(2)(ii): Guidance for replacing the 
spoiler assembly with the correct configuration spoiler assembly can 
be found in Model 717 Airplane Maintenance Manual (AMM), Chapter 27-
60-01.

(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 Multi Operator Message MOM-
MOM-19-0572-01B, dated October 16, 2019.

(j) Parts Installation Limitation

    As of the effective date of this AD, no person may install, on 
any airplane, any affected spoiler assembly (a spoiler assembly that 
does not have a splice bar having part number 3914588-501 and two 
doublers having part number 5940974-31), unless it has been 
inspected and all applicable corrective actions have been done as 
specified in paragraph (g) of this AD.

(k) 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 responsible Flight Standards 
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)(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 responsible Flight Standards Office.

[[Page 33119]]

    (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.

(l) Related Information

    (1) For more information about this AD, contact Mohit Garg, 
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5264; fax: 562-627-5210; email: [email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (4) of this AD.

(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 Alert Requirements Bulletin 717-57A0027 RB, dated 
June 26, 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, 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 3, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-13124 Filed 6-23-21; 8:45 am]
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