[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)]
[Proposed Rules]
[Pages 40505-40508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17839]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0805; Product Identifier 2017-NM-051-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 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) airplanes, Model MD-88 airplanes, and Model MD-90-
30 airplanes. This proposed AD was prompted by a report of loss of 
airspeed

[[Page 40506]]

indication due to icing. This proposed AD would require modifying the 
air data heat (ADH) system. We are proposing this AD to address the 
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by October 10, 
2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 referenced service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on 
the availability of this material at the FAA, call 425-227-1221. It is 
also available on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2017-0805.

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-2017-
0805; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Eric Igama, Aerospace Engineer, 
Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960 
Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5388; fax: 
562-627-5210; email: <a href="/cdn-cgi/l/email-protection#62100d0607100b01094c0b05030f03220403034c050d14"><span class="__cf_email__" data-cfemail="b3c1dcd7d6c1dad0d89ddad4d2ded2f3d5d2d29dd4dcc5">[email protected]</span></a>.

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-2017-0805; 
Product Identifier 2017-NM-051-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this proposed AD. We will consider 
all comments received by the closing date and may amend this proposed 
AD 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 a report of both pilots' airspeed indicators 
freezing at 80 knots during takeoff. The outside air temperature was 25 
degrees Fahrenheit and the wind was at approximately 20 knots in light 
snow. The airplane had been waiting in this weather condition for about 
two hours for de-icing before takeoff.
    Air data sensors directly affect flight computers and flight deck 
instrumentation. The air data sensors have heaters to prevent blockage 
from ice formation in the sensor or from ice formation on the static 
plates. Incorrect airspeed indications can be the direct result of 
pitot tube icing. Failure to activate the ADH system in icing 
conditions could result in irregular airspeed or altitude indications, 
which could possibly result in a runway overrun during a high speed 
rejected takeoff (RTO) due to failure to rotate before the end of the 
runway, or a stall/overspeed during flight.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin MD80-30A132, dated April 
28, 2017; and Boeing Alert Service Bulletin MD90-30A031, dated June 2, 
2017. This service information describes procedures for modifying the 
ADH system so that it activates when the left and right fuel switches 
are in the ON position. 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 these same type 
designs.

Proposed AD Requirements

    This proposed AD would require accomplishment of the actions 
identified as ``RC'' (required for compliance) in the Accomplishment 
Instructions of the service information described previously, except 
for differences between this proposed AD and the service information 
that are identified in the regulatory text of this proposed AD. For 
information on the procedures, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0805.
    Master Minimum Equipment List relief may be developed and approved 
by the FAA Long Beach, CA Aircraft Evaluation Group (AEG) Flight 
Operations Evaluation Board (FOEB) to allow operation of an airplane 
with an ADH system modified in accordance with this proposed AD that is 
inoperable for a specified time period. This potential relief is 
specified in paragraph (i) of this proposed AD.

Differences Between This Proposed AD and the Service Information

    Boeing Alert Service Bulletin MD80-30A132, dated April 28, 2017, 
specifies to contact the manufacturer for change instructions, but this 
proposed AD would require obtaining and doing those change instructions 
in one of the following ways:
    <bullet> In accordance with a method that we approve; or
    <bullet> Using data that meet the certification basis of the 
airplane, and that have been approved by the Boeing Commercial 
Airplanes Organization Designation Authorization (ODA) whom we have 
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 553 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

[[Page 40507]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Modification, MD80 Group 1, 84          56 work-hours x $85 per           $4,459          $9,219        $774,396
 airplanes.                              hour = $4,760.
Modification, MD80 Group 2, 11          57 work-hours x $85 per           11,014          15,859         174,449
 airplanes.                              hour = $4,845.
Modification, MD80 Group 3, 336         57 work-hours x $85 per            8,589          13,434       4,513,824
 airplanes.                              hour = $4,845.
Modification, MD80 Group 4, 1 airplane  56 work-hours x $85 per            4,479           9,239           9,239
                                         hour = $4,760.
Modification, MD80 Group 5, 37          57 work-hours x $85 per           11,034          15,879         587,523
 airplanes.                              hour = $4,845.
Modification, MD90 Group 1, 84          37 work-hours x $85 per            4,395           7,540         633,360
 airplanes.                              hour = $3,145.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for doing the modification on MD80 Group 6 airplanes.

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 to the Director of the System Oversight 
Division.

Regulatory Findings

    We 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) 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-2017-0805; Product Identifier 
2017-NM-051-AD.

(a) Comments Due Date

    We must receive comments by October 10, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to 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) airplanes, Model 
MD-88 airplanes, and Model MD-90-30 airplanes, certificated in any 
category.

(d) Subject

    Air Transport Association (ATA) of America Code 3410; Flight 
environment data.

(e) Unsafe Condition

    This AD was prompted by a report of loss of airspeed indication 
due to icing. We are issuing this AD to prevent operation of 
unheated air data sensors in icing conditions. Failure to activate 
the air data heat (ADH) system in icing conditions could result in 
irregular airspeed or altitude indications, which could possibly 
result in a runway overrun during a high speed rejected takeoff 
(RTO) due to failure to rotate before the end of the runway, or a 
stall/overspeed during flight.

(f) Compliance

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

(g) Required Actions

    At the applicable time specified in paragraph (g)(1) or (g)(2) 
of this AD: Do all applicable actions identified as ``RC'' (required 
for compliance) in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Service Bulletin MD80-30A132, dated 
April 28, 2017; and Boeing Alert Service Bulletin MD90-30A031, dated 
June 2, 2017; as applicable; except as required by paragraph (h) of 
this AD.
    (1) For Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), 
DC-9-87 (MD-87) model airplanes and Model MD-88 airplanes: Within 28 
months after the effective date of this AD.
    (2) For Model MD-90-30 airplanes: Within 27 months after the 
effective date of this AD.

(h) Exception to Service Information Specifications

    Where Boeing Alert Service Bulletin MD80-30A132, dated April 28, 
2017, specifies contacting Boeing, and specifies that action as 
``RC'' (Required for Compliance): This AD requires using a method 
approved in accordance with the procedures specified in paragraph 
(j) of this AD.

(i) Master Minimum Equipment List (MMEL)

    In the event that the ADH system as modified by this AD is 
inoperable, an airplane may be operated as specified in the FAA-
approved MMEL, provided MMEL provisions that address the modified 
ADH system are included in the MMEL and those provisions are 
included in the operator's Minimum Equipment List.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority 
to approve AMOCs

[[Page 40508]]

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: <a href="/cdn-cgi/l/email-protection#d1e8fc909f9cfc9d9090929efc909c9e92fc83b4a0a4b4a2a5a291b7b0b0ffb6bea7"><span class="__cf_email__" data-cfemail="a79e8ae6e9ea8aebe6e6e4e88ae6eae8e48af5c2d6d2c2d4d3d4e7c1c6c689c0c8d1">[email protected]</span></a>.
    (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 Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Los Angeles ACO Branch, 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 required 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 
(j)(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.

(k) Related Information

    (1) For more information about this AD, contact Eric Igama, 
Aerospace Engineer, Systems and Equipment Section, FAA, Los Angeles 
ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; 
phone: 562-627-5388; fax: 562-627-5210; email: 
<a href="/cdn-cgi/l/email-protection#691b060d0c1b000a0247000e080408290f0808470e061f"><span class="__cf_email__" data-cfemail="03716c6766716a60682d6a64626e62436562622d646c75">[email protected]</span></a>.
    (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, 1601 Lind Avenue 
SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on August 16, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-17839 Filed 8-24-17; 8:45 am]
 BILLING CODE 4910-13-P


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