Proposed Rule2024-27330
Airworthiness Directives; The Boeing Company Airplanes
Primary source
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Published
November 22, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 226 (Friday, November 22, 2024)</title>
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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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">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.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#701b1104181502191e155e06151e15171103301611115e171f06"><span class="__cf_email__" data-cfemail="1c777d6874796e757279326a7972797b7d6f5c7a7d7d327b736a">[email protected]</span></a>.
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
<a href="http://regulations.gov">regulations.gov</a>, 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:
<a href="/cdn-cgi/l/email-protection#89e2e8fde1ecfbe0e7eca7ffece7eceee8fac9efe8e8a7eee6ff"><span class="__cf_email__" data-cfemail="264d47524e43544f484308504348434147556640474708414950">[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.
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
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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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: <a href="/cdn-cgi/l/email-protection#06474b49454660676728616970"><span class="__cf_email__" data-cfemail="7c3d31333f3c1a1d1d521b130a">[email protected]</span></a>.
(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: <a href="/cdn-cgi/l/email-protection#93f8f2e7fbf6e1fafdf6bde5f6fdf6f4f2e0d3f5f2f2bdf4fce5"><span class="__cf_email__" data-cfemail="b7dcd6c3dfd2c5ded9d299c1d2d9d2d0d6c4f7d1d6d699d0d8c1">[email protected]</span></a>.
(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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