Rule2024-28120
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
December 2, 2024
Effective
January 6, 2025
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-8, 737-9, and 737-8200 (737 MAX) airplanes. This AD was prompted by a report of a non-conforming installation of spoiler wire bundles that led to unintended spoiler motion, including one instance of a flight spoiler hardover. Further investigation identified the potential for a hardover of more than one flight spoiler on the same wing, which can exceed full lateral control capability leading to loss of control of the airplane. This AD requires a one-time inspection of the clearance between the spoiler control wire bundles and the adjacent structure, and applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 231 (Monday, December 2, 2024)</title>
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[Federal Register Volume 89, Number 231 (Monday, December 2, 2024)]
[Rules and Regulations]
[Pages 95092-95095]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28120]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0463; Project Identifier AD-2023-00792-T;
Amendment 39-22890; AD 2024-23-11]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 737-8, 737-9, and 737-8200 (737 MAX)
airplanes. This AD was prompted by a report of a non-conforming
installation of spoiler wire bundles that led to unintended spoiler
motion, including one instance of a flight spoiler hardover. Further
investigation identified the potential for a hardover of more than one
flight spoiler on the same wing, which can exceed full lateral control
capability leading to loss of control of the airplane. This AD requires
a one-time inspection of the clearance between the spoiler control wire
bundles and the adjacent structure, and applicable on-condition
actions. The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective January 6, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 6,
2025.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-0463; 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 address for Docket Operations is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
<bullet> For Boeing material 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; website <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
<bullet> You may view this material at the FAA, Airworthiness
Products Section,
[[Page 95093]]
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="http://regulations.gov">regulations.gov</a> under Docket No. FAA-
2024-0463.
FOR FURTHER INFORMATION CONTACT: Michael Closson, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3973; email: <a href="/cdn-cgi/l/email-protection#c78aaea4afa6a2abe997e984aba8b4b4a8a987a1a6a6e9a0a8b1"><span class="__cf_email__" data-cfemail="0e43676d666f6b62205e204d62617d7d61604e686f6f20696178">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain The Boeing
Company Model 737-8, 737-9, and 737-8200 airplanes. The NPRM published
in the Federal Register on March 11, 2024 (89 FR 17346). The NPRM was
prompted by a report of a non-conforming installation of flight spoiler
control wire bundles that led to unintended spoiler motion, including
one instance of flight spoiler hardover. Further investigation
identified the potential for simultaneous time-limited hardovers of
more than one flight spoiler on the same wing, which can exceed full
lateral control capability leading to loss of control of the airplane.
In the NPRM, the FAA proposed to require a one-time inspection of the
clearance between the spoiler control wire bundles and the adjacent
structure, and applicable on-condition actions. The FAA is issuing this
AD to address the potential for improper clearance between the spoiler
control wire bundles and the adjacent structure. Improper clearance can
lead to damage to the wire bundle, causing unintentional spoiler motion
and consequent loss of control of the airplane. A hardover of more than
one flight spoiler on the same wing can exceed full lateral control
capability leading to loss of control of the airplane.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from seven commenters: The Boeing
Company, United Airlines, Air Line Pilots Association, International,
and four individuals, who supported the NPRM without change.
The FAA received additional comments from three commenters:
SunExpress Airlines, The Foundation for Aviation Safety, and an
individual. The following summarizes the comments received on the NPRM
and provides the FAA's responses.
Request for Immediately Adopted Rule (IAR)
The Foundation for Aviation Safety (the Foundation) requested \1\
that the FAA issue the AD as an immediately adopted rule (IAR) \2\ with
a compliance time of 30 days instead of the proposed 36-month
compliance time. The Foundation's rationale referenced the service
history of this model, the FAA's use of what the Foundation described
as an unvalidated assumption about wear rates, the presence of a
potentially catastrophic single failure condition, and the required
inspection is estimated to take nine hours \3\ per airplane.
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\1\ The Foundation's comment on this AD was submitted directly
to the FAA Administrator, but has been placed into the rulemaking
docket.
\2\ An ``Immediately Adopted Rule'' or ``IAR'' is an FAA term
for a rule that is issued without first obtaining public comment,
a.k.a a ``Final Rule with request for Comments,'' based upon good
cause.
\3\ Although the work-hours listed in the NPRM for the one-time
inspection and on-condition actions amount to nine hours of work per
airplane, no airplane would require all of the on-condition actions.
Therefore, the actions required by this AD would take less than nine
hours of work per airplane.
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In addition, an individual requested the FAA require ``immediate
repair of the defects on the identified aircraft'' due to recent Boeing
failures.
The FAA does not agree with the request to issue the AD as an IAR,
or to shorten the compliance time. After conducting a risk analysis,
the FAA did not find it necessary to issue an IAR with a shorter
compliance time, but determined that an NPRM, which allowed the
opportunity for public comment, was appropriate.
As part of their argument for an IAR and shortened compliance time,
the Foundation stated that the potential failure condition is the
result of a single point of failure (the chafed wire to a spoiler
actuator), which is incorrect. The NPRM was issued to address the
potential catastrophic event of simultaneous time-limited \4\ hardovers
of more than one flight spoiler on the same wing, which would require
two separate specific wires to short to ground almost simultaneously.
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\4\ This type of flight spoiler failure will be detected within
a short time window by a software monitor, which will then fully
retract spoiler eliminating the hardover condition, thereby limiting
the exposure window for concurrent failures.
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To support their argument for the IAR, the Foundation also
questioned the FAA's assumptions regarding the use of unvalidated wire
``wear rates'' to support the compliance times in the NPRM. The FAA
concurs that ``wear rate'' is highly dependent upon the specific
installation and operational environment of the wire bundle in
question. However, the FAA did not use Boeing's ``wear rate'' in
developing the risk analysis as suggested by the commenter. Instead,
the FAA's analysis incorporated feedback from 737 MAX operators that
had performed the inspections called out in Boeing Service Letter 737-
SL-293-A, dated May 17, 2022, which indicated no findings of wire
chafing in over 650 Model 737 MAX airplanes. This, combined with the
FAA risk analysis, showed that an NPRM was appropriate.
Request for Credit for Prior Inspections
SunExpress Airlines requested that Boeing Service Letter 737-SL-27-
293-B, dated May 23, 2022, serve as alternative method of compliance to
paragraphs (g) and (h) of the proposed AD. The commenter asserted that
the Work Instructions of Boeing Service Letter 737-SL-27-293-B fulfills
the requirements stated in Boeing Alert Requirements Bulletin 737-
27A1325 RB, dated July 14, 2023 (Alert RB 737-27A1325 RB).
The FAA agrees that accomplishing Boeing Service Letter 737-SL-27-
293-B, dated May 23, 2022, provides some of the inspection and
corrective action instructions called out in Alert RB 737-27A1325 RB.
However, the FAA disagrees with giving credit for paragraphs (g) and
(h) of this AD because the scope of the inspections in Boeing Service
Letter 737-SL-27-293-B, dated May 23, 2022, does not include
inspections for the outboard clamp locations and does not have certain
of the defined clearance requirements of the Requirements Bulletin.
Paragraph (i) of this AD allows the commenter to request an alternative
method of compliance (AMOC) for the actions in the Service Letter that
are duplicated in the Requirements Bulletin.
Request for Additional Guidance To Identify Affected Airplanes
An individual requested that the FAA issue additional guidance to
assist in identifying other airplane models that may be subject to the
same unsafe condition.
Such additional guidance is unnecessary. The FAA has worked with
Boeing to identify the affected airplanes and those airplanes have been
listed in Alert RB 737-27A1325 RB. The agency has also verified with
Boeing that the actions and practices identified in Alert RB 737-
27A1325 RB have been incorporated in Boeing's production processes at a
specific airplane line number, ensuring this unsafe condition does not
exist on airplanes delivered from that line number forward.
[[Page 95094]]
Conclusion
The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for minor editorial changes, this
AD is adopted as proposed in the NPRM. None of the changes will
increase the economic burden on any operator.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed Boeing Alert Requirements Bulletin 737-27A1325 RB,
dated July 14, 2023. This material specifies procedures for spoiler
control wire bundles clearance measurement and applicable on-condition
actions. On-condition actions include a detailed inspection of the
spoiler control wire bundles and adjacent structure for chafing damage,
repair of any spoiler control wire bundles and any structural damage,
and adjustment of the spoiler control wire bundles to ensure clearance
requirements are met.
This material 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.
Costs of Compliance
The FAA estimates that this AD affects 207 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Measurement of wire bundle clearance 1 work-hour x $85 per $0 $85 $17,595
hour = $85.
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The FAA estimates the following costs to do any necessary repairs
that would be required based on the results of the inspection. The
agency has no way of determining the number of aircraft that might need
these repairs:
On-Condition Costs
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Cost per
Action Labor cost Parts cost product
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Inspection.................................... 1 work-hour x $85............... $0 $85
Rework cable bundles without chafing damage to 2 work-hours x $85 per hour = 0 170
wires or airplane structure. $170.
Rework cable bundles with chafing damage to 5 work-hours x $85 per hour = 0 425
wires or airplane structure. $425.
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The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.
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,
(2) Will not affect intrastate aviation in Alaska, and
(3) 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 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:
2024-23-11 The Boeing Company: Amendment 39-22890; Docket No. FAA-
2024-0463; Project Identifier AD-2023-00792-T.
(a) Effective Date
This airworthiness directive (AD) is effective January 6, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 737-8, 737-9, and
737-8200 airplanes, certificated in any category, as identified in
Boeing Alert Requirements Bulletin 737-27A1325 RB, dated July 14,
2023.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
controls.
[[Page 95095]]
(e) Unsafe Condition
This AD was prompted by a report of a non-conforming
installation of spoiler wire bundles that led to unintended spoiler
motion, including one instance of a flight spoiler hardover. Further
investigation identified the potential for a time-limited hardover
of more than one flight spoiler on the same wing, which can exceed
full lateral control capability leading to loss of control of the
airplane. The FAA is issuing this AD to address improper clearance
between the spoiler control wire bundles and the adjacent structure,
which can lead to damage to the wire bundle, causing unintentional
spoiler motion. The unsafe condition, if not addressed, could result
in loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 737-27A1325 RB, dated July 14, 2023, do
all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
737-27A1325 RB, dated July 14, 2023.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
737-27A1325, dated July 14, 2023, which is referred to in Boeing
Alert Requirements Bulletin 737-27A1325 RB, dated July 14, 2023.
(h) Exception to Service Information Specifications
Where the Compliance Time columns of the tables in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 737-
27A1325 RB, dated July 14, 2023, use the phrase ``the original issue
date of Requirements Bulletin 737-27A1325 RB,'' this AD requires
using the effective date of this AD.
(i) 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
(j)(1) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#7c3d31333f3c1a1d1d521b130a"><span class="__cf_email__" data-cfemail="6524282a26250304044b020a13">[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.
(j) Related Information
(1) For more information about this AD, contact Michael Closson,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 206-231-3973; email: <a href="/cdn-cgi/l/email-protection#bef3d7ddd6dfdbd290ee90fdd2d1cdcdd1d0fed8dfdf90d9d1c8"><span class="__cf_email__" data-cfemail="b8f5d1dbd0d9ddd496e896fbd4d7cbcbd7d6f8ded9d996dfd7ce">[email protected]</span></a>.
(2) Service information identified in this AD that is not
incorporated by reference is available at the address specified in
paragraph (k)(3) of this AD.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin 737-27A1325 RB, dated
July 14, 2023.
(ii) [Reserved]
(3) For Boeing material 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; website <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
(4) You may view this material 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 material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#4f293d6126213c3f2a2c3b2620210f212e3d2e61282039"><span class="__cf_email__" data-cfemail="2f495d0146415c5f4a4c5b4640416f414e5d4e01484059">[email protected]</span></a>.
Issued on November 14, 2024.
John P. Piccola, Jr.,
Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-28120 Filed 11-29-24; 8:45 am]
BILLING CODE 4910-13-P
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