[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: jeffrey.w.palmer@faa.gov.

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
--------------------------------------------------------------------------------------------------------------------------------------------------------
              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: 9-ANM-LAACO-AMOC-Requests@faa.gov.
    (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: 
jeffrey.w.palmer@faa.gov.
    (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]
BILLING CODE 4910-13-P


