AD 2017-22-10

[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Rules and Regulations]
[Pages 55757-55760]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-23998]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0499; Product Identifier 2016-NM-205-AD; Amendment 
39-19090; AD 2017-22-10]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 747-400, 747-400F, and 747-8F series 
airplanes. This AD was prompted by reports of failure of the fastener 
assemblies on the crew access ladder handrails. This AD requires 
replacing the fastener assemblies. We are issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective December 29, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 29, 
2017.

ADDRESSES: For service information identified in this final rule, 
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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may view this 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2017-
0499.

[[Page 55758]]

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2017-
0499; 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 final rule, the regulatory evaluation, any comments 
received, and other information. The address for the Docket Office 
(phone: 800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Susan L. Monroe, Aerospace Engineer, 
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO 
Branch, 1601 Lind Avenue SW., Renton, WA; phone: 425-917-6457; fax: 
425-917-6590; email: <a href="/cdn-cgi/l/email-protection#9feceaecfef1b1f3b1f2f0f1edf0fadff9fefeb1f8f0e9"><span class="__cf_email__" data-cfemail="f2818781939cdc9edc9f9d9c809d97b2949393dc959d84">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    We 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 747-400, 747-400F, and 747-8F series airplanes. The NPRM 
published in the Federal Register on May 30, 2017 (82 FR 24595). The 
NPRM was prompted by reports of failure of the fastener assemblies on 
the crew access ladder handrails. The NPRM proposed to require 
replacing the fastener assemblies. We are issuing this AD to prevent 
the fastener assemblies from coming loose on the crew access ladder 
handrails, which could result in serious or fatal injury to personnel.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comments received on the 
NPRM and the FAA's response to each comment.

Request To Withdraw the NPRM

    United Parcel Service (UPS) requested that the NPRM be withdrawn. 
UPS pointed out that the crew access ladder is stowed during flight and 
stated that failure of the ladder does not affect safety of flight of 
the airplane. Therefore, UPS stated that the failure of the crew access 
ladder should not be the subject of an AD as it is outside the scope of 
14 CFR part 39.
    We do not agree with UPS's request. Title 14 part 39.5 states: 
``FAA issues an airworthiness directive addressing a product when we 
find that: (a) An unsafe condition exists in the product; and (b) The 
condition is likely to exist or develop in other products of the same 
type design.'' This action does fall within the scope of 14 CFR part 39 
because an unsafe condition exists in a product that is likely to exist 
in other products of the same design. In addition, the ladder is 
accessible to, and in some cases may be used by, the flight crew during 
flight. Incapacitation of a flight crew member during flight is 
considered a safety of flight issue. We have not changed this AD in 
this regard.

Requests To Revise Applicability To Match the Service Information

    Boeing requested that we remove the ``Differences Between this 
Proposed AD and the Service Information'' section of the NPRM. Boeing 
explained that this information implies that airplanes delivered with 
compliant rotable hardware could have the rotable hardware subsequently 
replaced with non-compliant hardware. Boeing stated that this is very 
unlikely because compliant airplanes have the compliant rotable 
hardware sealed within a permanent protective cover.
    UPS requested that we revise the applicability to remove Model 747-
8F series airplanes, line numbers (L/Ns) 1540 and on, specified in 
paragraphs (c)(2) and (c)(3) of the proposed AD. UPS asserted that 
Boeing has confirmed that those airplanes will have the compliant parts 
installed during production.
    We partially agree with the commenters' requests. We do not agree 
to remove the ``Differences Between this Proposed AD and the Service 
Information'' section of the NPRM. This section is not restated in the 
final rule, so no change is necessary in this regard.
    We agree that the likelihood of discrepant parts being installed on 
an airplane that is outside the applicability of Boeing Special 
Attention Service Bulletin 747-25-3693, dated November 10, 2016, is 
sufficiently low. Therefore, we have revised the applicability of this 
AD accordingly. We also removed paragraph (h) of the proposed AD from 
this AD and redesignated subsequent paragraphs accordingly.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule with the changes described previously and minor 
editorial changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Special Attention Service Bulletin 747-25-3693, 
dated November 10, 2016. The service information describes procedures 
for replacing the existing fastener assemblies with new assemblies on 
the crew access ladder handrails. 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.

Costs of Compliance

    We estimate that this AD will affect 84 airplanes of U.S. registry. 
We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replacement...........................  3 work-hours x $85 per            $2,418          $2,673        $224,532
                                         hour = $255.
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    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

[[Page 55759]]

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 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

    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) Is not a ``significant rule'' under 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.

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 (AD):

2017-22-10 The Boeing Company: Amendment 39-19090; Docket No. FAA-
2017-0499; Product Identifier 2016-NM-205-AD.

(a) Effective Date

    This AD is effective December 29, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-400, 747-400F, 
and 747-8F series airplanes, certificated in any category, as 
identified in Boeing Special Attention Service Bulletin 747-25-3693, 
dated November 10, 2016.

(d) Subject

    Air Transport Association (ATA) of America Code 25; Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by reports of failure of the fastener 
assemblies on the crew access ladder handrails. We are issuing this 
AD to prevent the fastener assemblies from coming loose on the crew 
access ladder handrails, which could result in serious or fatal 
injury to personnel.

(f) Compliance

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

(g) Replacement

    Within 36 months after the effective date of this AD, replace 
the fastener assemblies in the crew access ladder handrails with new 
fastener assemblies, in accordance with the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 747-25-
3693, dated November 10, 2016.

(h) Parts Installation Limitation

    As of the effective date of this AD, no person may install the 
discrepant fastener hardware identified in the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 747-25-
3693, dated November 10, 2016, on a crew access ladder on any 
airplane.

(i) 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 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 (j) of this AD. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#291004686764047a4c485d5d454c04686a66046864666a047b4c585c4c5a5d5a694f4848074e465f"><span class="__cf_email__" data-cfemail="c4fde9858a89e997a1a5b0b0a8a1e985878be985898b87e996a1b5b1a1b7b0b784a2a5a5eaa3abb2">[email&#160;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, Seattle 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) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(i)(4)(i) and (i)(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.

(j) Related Information

    For more information about this AD, contact Susan L. Monroe, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 1601 Lind Avenue SW., Renton, WA; phone: 
425-917-6457; fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#4c3f393f2d226220622123223e23290c2a2d2d622b233a"><span class="__cf_email__" data-cfemail="4d3e383e2c236321632022233f22280d2b2c2c632a223b">[email&#160;protected]</span></a>.

(k) 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.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 747-25-3693, dated 
November 10, 2016.
    (ii) Reserved.

[[Page 55760]]

    (3) 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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (4) You may view this 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.
    (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, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on October 19, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-23998 Filed 11-22-17; 8:45 am]
 BILLING CODE 4910-13-P