Rule2021-17681
Airworthiness Directives; The Boeing Company Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 17, 2021
Effective
August 17, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-800 and -900ER series airplanes. This AD was prompted by reports that several of the fittings that provide attachment between the radome and fuselage were cracked to the point of failure on airplanes modified in accordance with a certain supplemental type certificate (STC). This AD requires demodification of the STC installation on the airplane by removing the external equipment installed during the STC modification (including the radome, antenna, and associated structure), installing doubler and fasteners, and system deactivation by pulling and collaring associated circuit breakers if installed. This AD also requires inspecting the external and feed- through doublers, intercostals, skin, and frames in the area around the removed external equipment for cracking, and repair if necessary. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 156 (Tuesday, August 17, 2021)</title>
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[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Rules and Regulations]
[Pages 45855-45858]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17681]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0670; Project Identifier AD-2021-00849-T;
Amendment 39-21691; AD 2021-17-08]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 737-800 and -900ER series airplanes.
This AD was prompted by reports that several of the fittings that
provide attachment between the radome and fuselage were cracked to the
point of failure on airplanes modified in accordance with a certain
supplemental type certificate (STC). This AD requires demodification of
the STC installation on the airplane by removing the external equipment
installed during the STC modification (including the radome, antenna,
and associated structure), installing doubler and fasteners, and system
deactivation by pulling and collaring associated circuit breakers if
installed. This AD also requires inspecting the external and feed-
through doublers, intercostals, skin, and frames in the area around the
removed external equipment for cracking, and repair if necessary. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective August 17, 2021.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 17,
2021.
The FAA must receive comments on this AD by October 1, 2021.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 final rule, contact
Astronics Armstrong Aerospace, 804 S Northpoint Blvd., Waukegan, IL
60085; telephone 847-244-4500; internet <a href="https://www.Astronics.com">https://www.Astronics.com</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>
by searching for and locating Docket No. FAA-2021-0670.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0670; 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: Surinder Sangha, Aerospace Engineer,
Propulsion & Program Management Section, FAA, Chicago ACO Branch, Room
107, 2300 East Devon Avenue, Des Plaines, IL 60018; telephone 847-294-
7010; fax 847-294-7834; email: <a href="/cdn-cgi/l/email-protection#5f2c2a2d36313b3a2d712c3e3138373e1f393e3e71383029"><span class="__cf_email__" data-cfemail="e29197908b8c868790cc91838c858a83a2848383cc858d94">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 45856]]
Background
The FAA has received reports indicating that several of the
fittings that provide attachment between the radome and fuselage were
cracked to the point of failure. The radome to fuselage fittings were
part of the ViaSat In-Flight Connectivity (IFC) System Antenna
Provisions installed in accordance with FAA STC ST04096CH on Model 737-
800 and -900ER series airplanes. This failure of the attachment
fittings, if not addressed, could result in loss of the radome and
antennae, and consequent damage to the tail and damage to the fuselage
in the vicinity of the radome, which could reduce the ability of the
flightcrew to maintain safe flight and landing of the airplane. The FAA
is issuing this AD to address the unsafe condition on these products.
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.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Astronics Armstrong Aerospace Engineering Order,
``ViaSat In-Flight Connectivity (IFC) System DE-MOD Boeing 737-800/-
900ER Series Aircraft,'' Document No. EO23-9642-02, Revision B, dated
April 25, 2016. This service information specifies procedures for
demodification of the STC installation by removing the external
equipment (including radome, antenna, and associated structure) that
was installed in accordance with FAA STC ST04096CH, and installing
doubler and fasteners (de-mod kit), and system deactivation by pulling
and collaring associated circuit breakers.
The FAA also reviewed Astronics Connectivity Systems and
Certification Service Bulletin SB44-9642-01, dated July 8, 2021. This
service information specifies procedures for inspecting the external
and feed-through doublers, intercostals, skin, and frames in the area
around the removed external equipment for cracking. The inspections
include an external low frequency eddy current (LFEC) inspection of the
skin at the alteration installation area, doubler fastener holes in the
first two rows of attachments between the doubler and fuselage skin,
fastener and connector hole locations, the external doublers between
fasteners at the area common to the stringers, and at the area common
to the frame tees; an internal high frequency eddy current (HFEC)
inspection of the intercostal at the fastener locations and the frames
in the area of added frame segments; an internal detailed visual
inspection of the frames between stringers 3L and 3R; an open hole HFEC
rotating hole inspections of the stringer fastener holes where the
doublers cover the stringer; a HFEC open-hole inspection of the 4X
fitting base holes common to the external doublers at the 8X AR240-
1949-01 side fitting assembly locations; and an external HFEC
inspection of the skin at the stringer fasteners, including all
stringer fasteners which may be covered beneath the radome and adapter
ring.
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.
AD Requirements
This AD requires accomplishing the actions specified in the service
information already described. This AD also requires repairing any
crack found during the inspections.
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-2021-0670 and Project Identifier AD-
2021-00849-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.
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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.
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
Surinder Sangha, Aerospace Engineer, Propulsion & Program Management
Section, FAA, Chicago ACO Branch, Room 107, 2300 East Devon Avenue, Des
Plaines, IL 60018; telephone 847-294-7010; fax 847-294-7834; email:
<a href="/cdn-cgi/l/email-protection#3b484e4952555f5e4915485a555c535a7b5d5a5a155c544d"><span class="__cf_email__" data-cfemail="6c1f191e050208091e421f0d020b040d2c0a0d0d420b031a">[email protected]</span></a>. 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:
[[Page 45857]]
Estimated Costs
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Cost per
Action Labor cost Parts cost product
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Removal and installation...................... 24 work-hours x $85 per hour = $2,000 $4,040
$2,040.
Inspections................................... 8 work-hours x $85 per hour = 0 680
$680.
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs 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
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.
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 adding the following new airworthiness
directive:
2021-17-08 The Boeing Company: Amendment 39-21691; Docket No. FAA-
2021-0670; Project Identifier AD-2021-00849-T.
(a) Effective Date
This airworthiness directive (AD) is effective August 17, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 737-800 and -900ER
series airplanes, certificated in any category, with ViaSat In-
Flight Connectivity (IFC) System Antenna Provisions installed in
accordance with Astronics Armstrong Aerospace Supplemental Type
Certificate (STC) ST04096CH.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports that several of the fittings
that provide attachment between the radome and fuselage were cracked
to the point of failure. The FAA is issuing this AD to address
cracked fittings, which could result in loss of the radome and
antennae, and consequent damage to the tail and damage to the
fuselage in the vicinity of the radome, which could reduce the
ability of the flightcrew to maintain safe flight and landing of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Demodification Part I (Removal of External Equipment)
Before further flight, remove external equipment (including
radome, antenna, and associated structure) that was installed in
accordance with STC ST04096CH. Do the removal in accordance with
steps 1 through 9 of paragraph 5.2.1., of Astronics Armstrong
Aerospace Engineering Order, ``ViaSat In-Flight Connectivity (IFC)
System DE-MOD Boeing 737-800/-900ER Series Aircraft,'' Document No.
EO23-9642-02, Revision B, dated April 25, 2016.
(h) Inspection and Repair
Before further flight after accomplishing the removal required
by paragraph (g) of this AD, inspect the external and feed-through
doublers, intercostals, skin, stringers, and frames in the area
around the removed external equipment for any cracking in accordance
with paragraph 3.3., ``Inspection,'' of Astronics Connectivity
Systems and Certification Service Bulletin SB44-9642-01, dated July
8, 2021. If any cracking is found, before further flight, repair
using a method approved in accordance with the procedures specified
in paragraph (j) of this AD.
(i) Demodification Part II (Installation and System Deactivation)
Before further flight after accomplishing the actions required
by paragraph (h) of this AD: Install doubler and fasteners and
deactivate the system (including pulling and collaring associated
circuit breakers if installed) in accordance with steps 10, 11, and
12 of paragraph 5.2.1., of Astronics Armstrong Aerospace Engineering
Order, ``ViaSat In-Flight Connectivity (IFC) System DE-MOD Boeing
737-800/-900ER Series Aircraft,'' Document No. EO23-9642-02,
Revision B, dated April 25, 2016.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Chicago 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 Related Information.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(k) Related Information
For more information about this AD, contact Surinder Sangha,
Aerospace Engineer, Propulsion & Program Management Section, FAA,
Chicago ACO Branch, Room 107, 2300 East Devon Avenue, Des Plaines,
IL 60018; telephone 847-294-7010; fax 847-294-7834; email:
<a href="/cdn-cgi/l/email-protection#9ae9efe8f3f4feffe8b4e9fbf4fdf2fbdafcfbfbb4fdf5ec"><span class="__cf_email__" data-cfemail="98ebedeaf1f6fcfdeab6ebf9f6fff0f9d8fef9f9b6fff7ee">[email protected]</span></a>.
(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.
[[Page 45858]]
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Astronics Armstrong Aerospace Engineering Order, ``ViaSat
In-Flight Connectivity (IFC) System DE-MOD Boeing 737-800/-900ER
Series Aircraft,'' Document No. EO23-9642-02, Revision B, dated
April 25, 2016.
(ii) Astronics Connectivity Systems and Certification Service
Bulletin SB44-9642-01, dated July 8, 2021. The issue date of this
document is identified only on page 3 of the document.
(3) For Astronics service information identified in this AD,
contact Astronics Armstrong Aerospace, 804 S Northpoint Blvd.,
Waukegan, IL 60085; telephone 847-244-4500; internet <a href="https://www.Astronics.com">https://www.Astronics.com</a>.
(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 <a href="/cdn-cgi/l/email-protection#0f697d2166617c7f6a6c7b6660614f616e7d6e21686079"><span class="__cf_email__" data-cfemail="a5c3d78bcccbd6d5c0c6d1cccacbe5cbc4d7c48bc2cad3">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on August 11, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-17681 Filed 8-13-21; 11:15 am]
BILLING CODE 4910-13-P
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