[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Proposed Rules]
[Pages 64419-64422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22457]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0903; Project Identifier AD-2020-00957-T]
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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[[Page 64420]]

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2017-26-10 which applies to certain The Boeing Company Model 757 
airplanes. AD 2017-26-10 requires deactivating the spoiler control 
module relays and capping and stowing the associated wiring on certain 
airplanes. Since the FAA issued AD 2017-26-10, Boeing has developed 
wiring changes for certain spoiler control modules (SCMs), which will 
improve the lateral handling qualities of the airplane during approach 
and landing. This proposed AD would require repetitive operational 
tests of the spoiler inhibit function. For certain airplanes, this 
proposed AD would require installing a new relay bracket assembly, 
making changes to the wire bundles for certain SCMs, installing new 
SCMs, measuring the clearance between a wire bundle and the top of the 
new relay bracket assembly, and applicable on-condition actions. For a 
certain other airplane, this proposed AD would require changing certain 
wire bundles. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this proposed AD by November 
27, 2020.

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 https://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 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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0903.

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-2020-
0903; 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, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Katherine Venegas, Aerospace Engineer, 
Cabin Safety and Environmental Systems Section, FAA, Los Angeles ACO 
Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5353; fax: 562-627-5210; email: Katherine.Venegas@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting 
written comments, data, or views about this proposal. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should submit only one copy of the comments. Send your comments to an 
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2020-0903; Project Identifier AD-2020-00957-T'' at the beginning of 
your 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, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments received by the closing 
date for comments. The FAA will consider comments filed after the 
comment period has closed if it is possible to do so without incurring 
expense or delay. The FAA may change this NPRM because of those 
comments.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to 
Katherine Venegas, Aerospace Engineer, Cabin Safety and Environmental 
Systems Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, 
Lakewood, CA 90712-4137; phone: 562-627-5353; fax: 562-627-5210; email: 
Katherine.Venegas@faa.gov. Any commentary that the FAA receives which 
is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Discussion

    The FAA issued AD 2017-26-10, Amendment 39-19141 (82 FR 61675, 
December 29, 2017) (``AD 2017-26-10''), for certain The Boeing Company 
Model 757 airplanes. AD 2017-26-10 requires deactivating the spoiler 
control module relays and capping and stowing the associated wiring on 
certain airplanes. AD 2017-26-10 resulted from a report of an 
uncommanded spoiler movement during flap configuration just before 
landing. The FAA issued AD 2017-26-10 to address a failure condition 
that can cause an uncommanded spoiler movement resulting in loss of 
controllability of the airplane during the approach phase of flight.

Actions Since AD 2017-26-10 Was Issued

    Since the FAA issued AD 2017-26-10, Boeing has developed wiring 
changes for SCMs M530 and M531. These wiring changes will prevent 
control wheel inputs to spoiler pairs 1 and 12 and 5 and 8 when the 
flaps are extended to a landing configuration position (flaps in the 
detent 25 or detent 30 position). The FAA has determined that this 
change will improve the lateral handling qualities of the airplane 
during approach and landing and it is considered the final action to 
address the identified unsafe condition.

Related IBR Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 757-27A0158 RB, 
dated July 9, 2020. The service information describes procedures for 
installing a new relay bracket assembly,

[[Page 64421]]

making changes to the wire bundles for the SCMs, installing new SCMs, 
measuring the clearance between a wire bundle and the top of new relay 
bracket assembly, changing certain wire bundles, repetitive operational 
tests of the spoiler inhibit function, and applicable on-condition 
actions. On-condition actions include installing a new protective 
sleeve, heat shrinkable to the wire bundle, doing a landing 
configurations warning module landing flap tests, and doing a system 
test for the SCMs. 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.

Minimum Equipment List (MEL) Provision

    The FAA allows operators to utilize a MEL for time-limited 
operation with certain equipment inoperative, after which the system 
must be fully restored. (See 14 CFR 91.213, 121.628, 125.201, and 
129.14.) This proposed AD would continue to allow use of an existing 
FAA-approved MEL even if the spoiler inhibit function (SIF) system is 
inoperable, so long as the operator's existing FAA-approved MEL has a 
provision to allow for this inoperability.

FAA's Determination

    The FAA is proposing this AD because the agency 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 retain none of the requirements of AD 2017-
26-10. This proposed AD would also require accomplishment of the 
actions identified in Boeing Alert Requirements Bulletin 757-27A0158 
RB, dated July 9, 2020, described previously, 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 https://www.regulations.gov by searching for and 
locating Docket No. FAA-2020-0903.

Explanation of Requirements Bulletin

    The FAA worked in conjunction with industry, under the 
Airworthiness Directive Implementation Aviation Rulemaking Committee 
(AD ARC), to enhance the AD system. One enhancement is a process for 
annotating which steps in the service information are ``required for 
compliance'' (RC) with an AD. Boeing has implemented this RC concept 
into Boeing service bulletins.
    In an effort to further improve the quality of ADs and AD-related 
Boeing service information, a joint process improvement initiative was 
worked between the FAA and Boeing. The initiative resulted in the 
development of a new process in which the service information more 
clearly identifies the actions needed to address the unsafe condition 
in the ``Accomplishment Instructions.'' The new process results in a 
Boeing Requirements Bulletin, which contains only the actions needed to 
address the unsafe condition (i.e., only the RC actions).

Costs of Compliance

    The FAA estimates that this proposed AD affects 626 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
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Installations, measurement, and   105 work-hours x    Up to $7,230......  Up to $16,155.....  Up to $10,096,875.
 wire bundle changes (groups 1-    $85 per hour =
 22; 625 airplanes).               $8,925.
Wire bundle change (group 23; 1   9 work-hours x $85  $160..............  $925..............  $925.
 airplane).                        per hour = $765.
Operational test (all groups;     5 work-hours x $85  0.................  425 per test cycle  266,050 per test
 626 airplanes).                   per hour = $425                                             cycle.
                                   per test cycle.
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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:

                                      Estimated Costs of On-Condition Costs
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
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Installation and testing......................  8 work-hour x $85 per hour =                 $ *            $840
                                                 $680.
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* The FAA has received no definitive data on the parts cost for the on-condition installation specified in this
  proposed AD.

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

    The FAA has determined that this proposed AD would not have 
federalism

[[Page 64422]]

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) 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 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 removing Airworthiness Directive (AD) 
2017-26-10, Amendment 39-19141 (82 FR 61675, December 29, 2017), and 
adding the following new AD:

The Boeing Company: Docket No. FAA-2020-0903; Project Identifier AD-
2020-00957-T.

(a) Comments Due Date

    The FAA must receive comments on this AD action by November 27, 
2020.

(b) Affected ADs

    This AD replaces AD 2017-26-10, Amendment 39-19141 (82 FR 61675, 
December 29, 2017).

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200PF, -
200CB, and -300 series airplanes, certificated in any category, as 
identified in Boeing Alert Requirements Bulletin 757-27A0158 RB, 
dated July 9, 2020.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Unsafe Condition

    This AD was prompted by reports of unwanted lateral oscillations 
during landing operations, and the development of wiring changes for 
certain spoiler control modules (SCMs), which will improve the 
lateral handling qualities of the airplane during approach and 
landing. The FAA is issuing this AD to address unwanted lateral 
oscillations during landing operations, which could cause over-
control of the airplane and subsequent lateral pilot induced 
oscillation, which could affect continued safe flight and landing.

(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 757-27A0158 RB, dated July 9, 2020, do 
all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
757-27A0158 RB, dated July 9, 2020.


    Note 1 to paragraph (g):  Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
757-27A0158, dated July 9, 2020, which is referred to in Boeing 
Alert Requirements Bulletin 757-27A0158 RB, dated July 9, 2020.

(h) Exceptions to Service Information Specifications

    Where Boeing Alert Requirements Bulletin 757-27A0158 RB, dated 
July 9, 2020, uses the phrase ``the original issue date of the 
Requirements Bulletin 757-27A0158 RB,'' this AD requires using ``the 
effective date of this AD.''

(i) Minimum Equipment List (MEL)

    In the event that the spoiler inhibit function (SIF) system as 
modified by this AD is inoperable, an airplane may be operated as 
specified in the operator's existing FAA-approved MEL, provided the 
operator's existing FAA-approved MEL includes provisions that 
address the modified SIF system.

(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 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 (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 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, 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) AMOCs approved previously for AD 2017-26-10 are approved as 
AMOCs for the corresponding provisions of this AD.

(k) Related Information

    (1) For more information about this AD, contact Katherine 
Venegas, Aerospace Engineer, Cabin Safety and Environmental Systems 
Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, 
Lakewood, CA 90712-4137; phone: 562-627-5353; fax: 562-627-5210; 
email: Katherine.Venegas@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, 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.

    Issued on September 30, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-22457 Filed 10-9-20; 8:45 am]
BILLING CODE 4910-13-P


