[Federal Register Volume 87, Number 185 (Monday, September 26, 2022)]
[Rules and Regulations]
[Pages 58255-58257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20707]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 87, No. 185 / Monday, September 26, 2022 /
Rules and Regulations
[[Page 58255]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1153; Project Identifier AD-2022-00259-T;
Amendment 39-22173; AD 2022-19-04]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 767-2C series airplanes. This AD was
prompted by a report that insufficient clearance was found between the
right stabilizer trim shut-off control wire (bundle W0589) and an
elevator control cable. This AD requires a one-time inspection for
insufficient clearance between the elevator control cable and wire
bundle W0589 on the airplane's left crown, and applicable on-condition
actions. The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective October 11, 2022.
The FAA must receive comments on this AD by November 10, 2022.
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 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.
Examining the AD Docket
You may examine the AD docket at regulations.gov by searching for
and locating Docket No. FAA-2022-1153; 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 street address for the Docket
Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Hoang Yen Dang, Aerospace Engineer,
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198; phone and fax: 206-231-3610; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA has received a report indicating that insufficient
clearance was found between wire bundle W0589 and the elevator control
cable. Wire bundle W0589 includes wiring between the aisle stand
stabilizer trim cutout switches and the hydraulic shutoff valves. The
insufficient clearance was discovered during production quality
assurance inspections, and affects thirteen model 767-2C airplanes.
This condition, if not addressed, could result in abrasion of the wire
bundle due to movement of the elevator control cable during normal
airplane operation. This damage could lead to an open-circuit
condition, which could inhibit the ability to shut off hydraulic supply
to the ``C'' stab trim control module and motor. This condition, in
conjunction with a runaway horizontal stabilizer condition, may lead to
loss of continued safe flight and landing.
FAA's Determination
The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.
AD Requirements
This AD requires measuring for insufficient clearance between the
elevator control cable and the right stabilizer trim shut off control
wire (bundle W0589) on the airplane's left crown, and applicable on-
condition actions. On-condition actions include moving D2219T backshell
to a 45-degree position and adjusting the right stabilizer trim shut
off control wire (bundle W0589) to achieve clearance of at least 2
inches from the elevator control cable.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
There are currently no U.S.-registered airplanes affected by this
AD. Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3). In addition, for the
foregoing reason(s), the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include Docket No. FAA-2022-1153 and Project Identifier AD-
2022-00259-T at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each
[[Page 58256]]
substantive verbal contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Hoang
Yen Dang, Aerospace Engineer, Systems and Equipment Section, FAA,
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone
and fax: 206-231-3610; email: [email protected]. Any commentary
that the FAA receives that is not specifically designated as CBI will
be placed in the public docket for this rulemaking.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. For any
affected airplane that is imported and placed on the U.S. Register in
the future, the FAA provides the following cost estimates to comply
with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
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Measurement................................... 1 work-hour x $85 per hour = $85 $0 $85
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The FAA estimates the following costs to do any necessary
adjustments that would be required based on the results of the
measurement. The agency has no way of determining the number of
aircraft that might need these adjustments:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Moving and adjusting wire.................... 1 work-hour x $85 per hour = $0 $85
$85.
----------------------------------------------------------------------------------------------------------------
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, and
(2) Will not affect intrastate aviation in Alaska.
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:
2022-19-04 The Boeing Company: Amendment 39-22173; Docket No. FAA-
2022-1153; Project Identifier AD-2022-00259-T.
(a) Effective Date
This airworthiness directive (AD) is effective October 11, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 767-2C series
airplanes, certificated in any category, having line numbers 1102,
1107, 1114, 1116, 1117, 1119, 1120, 1126, 1128, 1131, 1132, 1134,
and 1135.
(d) Subject
Air Transport Association (ATA) of America Code 24, Electrical
power.
(e) Unsafe Condition
This AD was prompted by a report that insufficient clearance was
found between the right stabilizer trim shut-off control wire
(bundle W0589) and an elevator control cable. The FAA is issuing
this AD to address
[[Page 58257]]
possible abrasion of the wire bundle due to movement of the elevator
control cable during normal airplane operation. This damage could
lead to an open-circuit condition, which could inhibit the ability
to shut off hydraulic supply to the ``C'' stab trim control module
and motor. This condition, in conjunction with a runaway horizontal
stabilizer condition, may lead to loss of continued safe flight and
landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Within 24 months after the effective date of this AD: Measure
for insufficient clearance between the elevator control cable and
the right stabilizer trim shut off control wire (bundle W0589) on
the airplane's left crown, and do applicable on-condition actions in
accordance with a method approved by the Manager, Seattle ACO
Branch, FAA.
(h) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle 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 (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 responsible Flight Standards 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, Seattle
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.
(i) Related Information
For more information about this AD, contact Hoang Yen Dang,
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax:
206-231-3610; email: [email protected].
(j) Material Incorporated by Reference
None.
Issued on September 1, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-20707 Filed 9-23-22; 8:45 am]
BILLING CODE 4910-13-P