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[Federal Register Volume 89, Number 226 (Friday, November 22, 2024)]
[Proposed Rules]
[Pages 92610-92612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27330]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2427; Project Identifier AD-2024-00484-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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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all The Boeing Company Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-
9-83 (MD-83), DC-9-87 (MD-87), and MD-88 airplanes, and Model DC-9-10, 
DC-9-20, DC-9-30, DC-9-40, and DC-9-50 series airplanes. This proposed 
AD was prompted by the discovery of jammed elevators during takeoff. 
This proposed AD would require revising the ``Certificate Limitations'' 
section of the existing airplane flight manual (AFM) to include a 
procedure to confirm elevator surfaces are not jammed in the trailing 
edge down (TED) position. 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 January 6, 
2025.

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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-2427; 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.

FOR FURTHER INFORMATION CONTACT: Katherine Venegas, Aviation Safety 
Engineer, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712; phone: 
562-627-5353; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites 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-2024-2427; 
Project Identifier AD-2024-00484-T'' at the beginning of your comments. 
The most helpful comments reference a specific portion of the proposal, 
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 proposal 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 substantive verbal 
contact received about this NPRM.

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, Aviation Safety Engineer, FAA, 3960 Paramount 
Boulevard, Lakewood, CA 90712; phone: 562-627-5353; 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.

Background

    The FAA has received a report indicating that both the left and 
right elevator were jammed during takeoff resulting in a runway 
excursion. Elevator surface jamming in the TED direction caused by 
high-speed wind events can occur while the airplane is parked. This 
condition may not be detected by feel during preflight control column 
movement prior to takeoff. The FAA is issuing this AD to address the 
unsafe condition, which if not addressed, could result in a runway 
excursion during a rejected takeoff.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require revising the ``Certificate 
Limitations'' section of the existing AFM to include a procedure to 
confirm elevator surfaces are not jammed in the TED position.

Compliance With AFM Revisions

    Section 91.9 (14 CFR 91.9) prohibits any person from operating a 
civil aircraft without complying with the operating limitations 
specified in the AFM. FAA regulations also require operators to furnish 
pilots with any changes to the AFM (14 CFR 121.137) and pilots in 
command to be familiar with the AFM (14 CFR 91.505).

Interim Action

    The FAA considers that this proposed AD would be an interim action. 
Boeing is developing a design change to address the unsafe condition. 
If final action is

[[Page 92611]]

later identified, the FAA might consider further rulemaking.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 104 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
AFM revision......................  1 work-hour x $85 per                  $0              $85           $8,840
                                     hour = $85.
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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

    The FAA 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:

The Boeing Company: Docket No. FAA-2024-2427; Project Identifier AD-
2024-00484-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 6, 2025.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company airplanes identified 
in paragraphs (c)(1) through (7) of this AD, certificated in any 
category.
    (1) Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and 
DC-9-87 (MD-87) airplanes.
    (2) Model MD-88 airplanes.
    (3) Model DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-15, and DC-9-
15F airplanes.
    (4) Model DC-9-21 airplanes.
    (5) Model DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-33F, 
DC-9-34, DC-9-34F, and DC-9-32F (C-9A, C-9B) airplanes.
    (6) Model DC-9-41 airplanes.
    (7) Model DC-9-51 airplanes.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by the discovery of jammed elevators during 
takeoff. The FAA is issuing this AD to address the unsafe condition, 
which if not addressed, could result in a runway excursion during a 
rejected takeoff.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Revision of Existing AFM

    Within 3 months after the effective date of this AD, revise the 
``Certificate Limitations'' section of the existing airplane flight 
manual (AFM) to include the information specified in figure 1 to 
paragraph (g) of this AD. This may be done by inserting a copy of 
figure 1 to paragraph (g) of this AD into the AFM.

Figure 1 to Paragraph (g)--Elevator Surfaces Procedure
[GRAPHIC] [TIFF OMITTED] TP22NO24.009

[[Page 92612]]

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520, Continued Operational Safety 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, AIR-
520, Continued Operational Safety 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 Katherine Venegas, 
Aviation Safety Engineer, FAA, 3960 Paramount Boulevard, Lakewood, 
CA 90712; phone: 562-627-5353; email: [email protected].

(j) Material Incorporated by Reference

    None.

    Issued on November 18, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-27330 Filed 11-21-24; 8:45 am]
BILLING CODE 4910-13-P
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