87 FR 185 pgs. 58255-58257 - Airworthiness Directives; The Boeing Company Airplanes
Type: RULEVolume: 87Number: 185Pages: 58255 - 58257
Pages: 58255, 58256, 58257Docket number: [Docket No. FAA-2022-1153; Project Identifier AD-2022-00259-T; Amendment 39-22173; AD 2022-19-04]
FR document: [FR Doc. 2022-20707 Filed 9-23-22; 8:45 am]
Agency: Transportation Department
Sub Agency: Federal Aviation Administration
Official PDF Version: PDF Version
[top]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1153; Project Identifier AD-2022-00259-T; Amendment 39-22173; AD 2022-19-04]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY:
Federal Aviation Administration (FAA), DOT.
ACTION:
Final rule; request for comments.
SUMMARY:
The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767-2C series airplanes. This AD was prompted by a report that insufficient clearance was found between the right stabilizer trim shut-off control wire (bundle W0589) and an elevator control cable. This AD requires a one-time inspection for insufficient clearance between the elevator control cable and wire bundle W0589 on the airplane's left crown, and applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products.
DATES:
This AD is effective October 11, 2022.
The FAA must receive comments on this AD by November 10, 2022.
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.
• 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.
Examining the AD Docket
You may examine the AD docket at regulations.gov by searching for and locating Docket No. FAA-2022-1153; 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 street address for the Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT:
Hoang Yen Dang, Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3610; email: hoang.yen.t.dang@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA has received a report indicating that insufficient clearance was found between wire bundle W0589 and the elevator control cable. Wire bundle W0589 includes wiring between the aisle stand stabilizer trim cutout switches and the hydraulic shutoff valves. The insufficient clearance was discovered during production quality assurance inspections, and affects thirteen model 767-2C airplanes. This condition, if not addressed, could result in abrasion of the wire bundle due to movement of the elevator control cable during normal airplane operation. This damage could lead to an open-circuit condition, which could inhibit the ability to shut off hydraulic supply to the "C" stab trim control module and motor. This condition, in conjunction with a runaway horizontal stabilizer condition, may lead to loss of continued safe flight and landing.
FAA's Determination
The FAA is issuing this AD because the agency has determined the unsafe condition described previously is likely to exist or develop in other products of the same type design.
AD Requirements
This AD requires measuring for insufficient clearance between the elevator control cable and the right stabilizer trim shut off control wire (bundle W0589) on the airplane's left crown, and applicable on-condition actions. On-condition actions include moving D2219T backshell to a 45-degree position and adjusting the right stabilizer trim shut off control wire (bundle W0589) to achieve clearance of at least 2 inches from the elevator control cable.
Justification for Immediate Adoption and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq. ) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for "good cause," finds that those procedures are "impracticable, unnecessary, or contrary to the public interest." Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause.
There are currently no U.S.-registered airplanes affected by this AD. Accordingly, notice and opportunity for prior public comment are unnecessary, pursuant to 5 U.S.C. 553(b)(3). In addition, for the foregoing reason(s), the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days.
Comments Invited
The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under ADDRESSES . Include Docket No. FAA-2022-1153 and Project Identifier AD-2022-00259-T at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, 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 final rule because of those comments.
[top] 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
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Hoang Yen Dang, Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3610; email: hoang.yen.t.dang@faa.gov. Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. For any affected airplane that is imported and placed on the U.S. Register in the future, the FAA provides the following cost estimates to comply with this AD:
| Action | Labor cost | Parts cost | Cost per product |
|---|---|---|---|
| Measurement | 1 work-hour × $85 per hour = $85 | $0 | $85 |
The FAA estimates the following costs to do any necessary adjustments that would be required based on the results of the measurement. The agency has no way of determining the number of aircraft that might need these adjustments:
| Action | Labor cost | Parts cost | Cost per product |
|---|---|---|---|
| Moving and adjusting wire | 1 work-hour × $85 per hour = $85 | $0 | $85 |
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, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
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
1. The authority citation for part 39 continues to read as follows:
Authority:
49 U.S.C. 106(g), 40113, 44701.
§?39.13 [Amended]
2. The FAA amends §?39.13 by adding the following new airworthiness directive:
2022-19-04 The Boeing Company: Amendment 39-22173; Docket No. FAA-2022-1153; Project Identifier AD-2022-00259-T.
(a) Effective Date
This airworthiness directive (AD) is effective October 11, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 767-2C series airplanes, certificated in any category, having line numbers 1102, 1107, 1114, 1116, 1117, 1119, 1120, 1126, 1128, 1131, 1132, 1134, and 1135.
(d) Subject
Air Transport Association (ATA) of America Code 24, Electrical power.
(e) Unsafe Condition
[top] This AD was prompted by a report that insufficient clearance was found between the right stabilizer trim shut-off control wire (bundle W0589) and an elevator control cable. The FAA is issuing this AD to address
(f) Compliance
Comply with this AD within the compliance times specified, unless already done.
(g) Required Actions
Within 24 months after the effective date of this AD: Measure for insufficient clearance between the elevator control cable and the right stabilizer trim shut off control wire (bundle W0589) on the airplane's left crown, and do applicable on-condition actions in accordance with a method approved by the Manager, Seattle ACO Branch, FAA.
(h) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle 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 (i) of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-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, Seattle 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.
(i) Related Information
For more information about this AD, contact Hoang Yen Dang, Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3610; email: hoang.yen.t.dang@faa.gov.
(j) Material Incorporated by Reference
None.
Issued on September 1, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2022-20707 Filed 9-23-22; 8:45 am]
BILLING CODE 4910-13-P