[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Rules and Regulations]
[Pages 14241-14244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05253]


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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; 
Amendment 39-21454; AD 2021-05-11]
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 superseding Airworthiness Directive (AD) 2017-26-
10, which applied to certain The Boeing Company Model 757 airplanes. AD 
2017-26-10 required deactivating the spoiler control module (SCM) 
relays and capping and stowing the associated wiring on certain 
airplanes. This AD requires repetitive operational tests of the spoiler 
inhibit function. For certain airplanes, this AD requires 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 AD 
requires changing certain wire bundles. This AD was prompted by reports 
of unwanted lateral oscillations during landing operations, and the 
development of wiring changes for certain SCMs, which will improve the 
lateral handling qualities of the airplane during approach and landing. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective April 19, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 19, 
2021.

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, 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 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 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 final rule, 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: 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:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2017-26-10, Amendment 39-19141 (82 FR 
61675, December 29, 2017) (AD 2017-26-10). AD 2017-26-10 applied to 
certain The Boeing Company Model 757 airplanes. The NPRM published in 
the Federal Register on October 13, 2020 (85 FR 64419). The NPRM was 
prompted by reports of unwanted lateral oscillations during landing 
operations, and the development of wiring changes for certain SCMs, 
which will improve the lateral handling qualities of the airplane 
during approach and landing. The NPRM proposed to require repetitive 
operational tests of the spoiler inhibit function. For certain 
airplanes, the NPRM proposed to 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, the NPRM proposed to require 
changing certain wire bundles. 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.

Comments

    The FAA gave the public the opportunity to participate in 
developing this AD. The following presents the comments received on the 
NPRM and the FAA's response to each comment.

Support for the NPRM

    An anonymous commenter, FedEx Express, and United Airlines (UAL) 
stated their support for the NPRM. An additional comment from UAL is 
addressed below.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
per Supplemental Type Certificate (STC) ST01518SE does not affect the 
accomplishment of the proposed actions.
    The FAA agrees with the commenter that STC ST01518SE does not 
affect the ability to accomplish the actions required by this AD. The 
FAA has not changed this AD in this regard.

[[Page 14242]]

Request To Revise Certain Language in the NPRM

    Boeing requested that the FAA revise certain language in the NPRM. 
Boeing stated that in the Discussion section of the NPRM, it suggested 
to revise the last sentence as follows: ``The FAA issued AD 2017-26-10 
to address a failure condition that can cause uncommanded spoiler 
movement resulting in loss of controllability of the airplane.'' Boeing 
commented that the change is justified based on the original safety 
determination of Continued Operational Safety Program (COSP) 2017-0373.
    Boeing also stated that in the Actions Since AD 2017-26-10 Was 
Issued section of the NPRM, it suggested that the FAA add the following 
sentence: ``This change provides the equivalent lateral handling 
quality improvements during approach and landing as AD 2015-08-01, but 
with a new design implementation.'' Boeing commented that the change is 
justified based on the mitigating design for COSP 2018-0094.
    The FAA acknowledges the commenter's request and agrees the 
proposed wording provides clarity and more closely aligns with the COSP 
recommendations. However those sections are not carried over into this 
final rule. The FAA has not changed this AD in this regard.

Request To Use Later Revisions of the Service Information

    UAL requested that the proposed AD be revised to allow for the use 
of later revisions of the service information in either paragraph (g) 
of the proposed AD (Required Actions) or in paragraph (h) of the 
proposed AD (Exceptions to Service Information Specifications).
    The FAA disagrees with the commenter's request. The FAA may not in 
an AD refer to any document that does not yet exist. In general terms, 
the FAA is required by Office of the Federal Register (OFR) regulations 
for approval of materials incorporated by reference, as specified in 1 
CFR 51.1(f), to either publish the service document contents as part of 
the actual AD language; or submit the service document to the OFR for 
approval as referenced material, in which case the FAA may only refer 
to such material in the text of an AD. The AD may refer to the service 
document only if the OFR approved it for incorporation by reference. 
See 1 CFR part 51.
    To allow operators to use later revisions of the referenced 
document (issued after publication of the AD), either the FAA must 
revise the AD to reference specific later revisions, or operators must 
request approval to use later revisions as an alternative method of 
compliance with this AD under the provisions of paragraph (j) of this 
AD.

Clarification of Steps in the Service Information

    Boeing contacted the FAA and stated that there is an error in 
Boeing Alert Requirements Bulletin 757-27A0158 RB, dated July 9, 2020, 
and that the service information would be revised. Boeing stated that 
the reason for the service information revision is that step 2 in the 
figure 4 table incorrectly states to drill six holes, while the graphic 
in figure 4 accurately shows to only drill two holes.
    The FAA has added paragraph (h)(2) of this AD to state, ``Where 
Boeing Alert Requirements Bulletin 757-27A0158 RB, dated July 9, 2020, 
specifies in figure 4 (sheet 3 of 3), step 2, to drill a quantity of 
six holes, this AD requires drilling two holes.'' The FAA has also 
moved the content of paragraph (h) of the proposed AD to paragraph 
(h)(1) of this AD.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this AD with the changes described previously, and 
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.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

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

Costs of Compliance

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

                                      Estimated Costs for Required Actions
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                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
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       $266,050 per test
 626 airplanes).                   per hour = $425                         cycle.              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:

[[Page 14243]]



                                      Estimated Costs of On-Condition Costs
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
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
  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 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:
0
a. Removing Airworthiness Directive (AD) 2017-26-10, Amendment 39-19141 
(82 FR 61675, December 29, 2017); and
0
b. Adding the following new AD:

2021-05-11 The Boeing Company: Amendment 39-21454 ; Docket No. FAA-
2020-0903; Project Identifier AD-2020-00957-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 19, 2021.

(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

    (1) 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.''
    (2) Where Boeing Alert Requirements Bulletin 757-27A0158 RB, 
dated July 9, 2020, specifies in figure 4 (sheet 3 of 3), step 2, to 
drill a quantity of six holes, this AD requires drilling two holes.

(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.

[[Page 14244]]

    (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) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (4) 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 the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin 757-27A0158 RB, dated 
July 9, 2020.
    (ii) [Reserved]
    (3) 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.
    (4) 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.
    (5) 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 February 21, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-05253 Filed 3-12-21; 8:45 am]
BILLING CODE 4910-13-P


