[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
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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.

-----------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
Measurement...................................  1 work-hour x $85 per hour = $85              $0             $85
----------------------------------------------------------------------------------------------------------------

    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