[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Rules and Regulations]
[Pages 29598-29601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10604]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1072; Product Identifier 2019-NM-181-AD; Amendment 
39-19888; AD 2020-06-19]
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 
certain The Boeing Company Model 727, 727C, 727-100, 727-100C, 727-200, 
and 727-200F series airplanes. 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. This

[[Page 29599]]

AD requires a general visual inspection of the AOA sensors for certain 
AOA sensors, and replacement of affected AOA sensors. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective June 22, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 3, 
2020 (84 FR 71778, December 30, 2019).

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, 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 https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1072.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1072; 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, the regulatory evaluation, 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: 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:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain The Boeing 
Company Model 727, 727C, 727-100, 727-100C, 727-200, and 727-200F 
series airplanes. The NPRM published in the Federal Register on January 
17, 2020 (85 FR 2914). The NPRM was prompted by reports of nuisance 
stick shaker activation while the airplane accelerated to cruise speed 
at the top of climb. The NPRM was also prompted by an investigation of 
those reports that revealed that the AOA 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. The 
NPRM proposed to require a general visual inspection of the AOA sensors 
for certain AOA sensors, and replacement of affected AOA sensors.
    The FAA is issuing this AD to address ice buildup 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.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment. Boeing, 
Richard Rodriguez, and Shaun Felix indicated support for the NPRM.

Request To Reduce the Compliance Time

    An anonymous commenter supported the intent of the NPRM, but the 
FAA infers that the commenter requests that the FAA reduce the proposed 
compliance time from 2,750 flight hours or 36 months, whichever occurs 
first, to 12 months. The commenter stated the time period feels too 
slow. The commenter also stated repairing a piece of technology from 
1963 in 12 months should not be insurmountable. Richard Rodriguez also 
commented that the compliance time is excessive compared to the 12-
month compliance time for other models. The FAA infers the commenter is 
requesting the compliance time be shortened to 12 months.
    The FAA does not agree with the request to shorten the compliance 
time. After considering all the available information, the FAA has 
determined that the compliance time, as proposed, represents an 
appropriate interval of time in which the required actions can be 
performed in a timely manner within the affected fleet, while still 
maintaining an adequate level of safety. In developing an appropriate 
compliance time, the FAA considered the safety implications, parts 
availability, and normal maintenance schedules for timely 
accomplishment of the inspection and applicable replacements. 
Furthermore, other models affected by this unsafe condition are subject 
to AD 2019-24-18, Amendment 39-21007 (84 FR 71778, December 30, 2019) 
(``AD 2019-24-18''), which requires compliance within 36 months or at 
the applicable time specified in the applicable service information, 
whichever occurs first. The compliance time in AD 2019-24-18 is 
consistent with the compliance time in this AD. The FAA has not changed 
the AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Service Bulletin 727-34A0247, 
Revision 1, dated October 1, 2019, which the Director of the Federal 
Register approved for incorporation by reference as of February 3, 2020 
(84 FR 71778, December 30, 2019). 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.

Costs of Compliance

    The FAA estimates that this AD affects 1 airplane of U.S. registry. 
The FAA estimates the following costs to comply with this AD:

[[Page 29600]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  1 work-hour x $85 per   $0...............  $85..............  $85.
                                  hour = $85.
Replacement....................  Up to 3 work-hours x    Up to $54,000....  Up to $54,255....  Up to $54,255.
                                  $85 per hour = Up to
                                  $255.
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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.

Adoption of 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 (AD):

2020-06-19 The Boeing Company: Amendment 39-19888; Docket No. FAA-
2019-1072; Product Identifier 2019-NM-181-AD.

(a) Effective Date

    This AD is effective June 22, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 727, 727C, 727-100, 
727-100C, 727-200, and 727-200F series airplanes, certificated in 
any category, variable numbers QB065, QD191, QD192, QD402, QD403, 
QD407, and QD410.

(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. The FAA is issuing 
this AD to address ice buildup 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, Revision 1, dated October 1, 2019, 
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, Revision 1, dated October 1, 2019.

(h) Exceptions to Service Information Specifications

    Where Boeing Alert Service Bulletin 727-34A0247, Revision 1, 
dated October 1, 2019, uses the phrase ``the original issue date of 
this service bulletin,'' this AD requires using ``the effective date 
of this AD.''

(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 Alert Service Bulletin 727-
34A0247, dated January 2, 2019.

(j) 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 (k)(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) Except as specified by paragraph (h) of this AD: For service 
information that contains steps that are labeled as Required for 
Compliance (RC), the provisions of paragraphs (j)(4)(i) and (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

[[Page 29601]]

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.

(k) 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) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(4) and (5) of this AD.

(l) 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 this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
February 3, 2020 (84 FR 71778, December 30, 2019).
    (i) Boeing Alert Service Bulletin 727-34A0247, Revision 1, dated 
October 1, 2019.
    (ii) [Reserved]
    (4) 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.
    (5) You may view 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.
    (6) 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 fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 27, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-10604 Filed 5-15-20; 8:45 am]
BILLING CODE 4910-13-P


