AD Amdt-39-19503

[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Rules and Regulations]
[Pages 60337-60339]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2018-25494]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0582; Product Identifier 2018-NM-085-AD; Amendment 
39-19503; AD 93-14-19R1]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; removal.

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SUMMARY: We are removing Airworthiness Directive (AD) 93-14-19, which 
applied to certain The Boeing Company Model 767-200 and -300 series 
airplanes. AD 93-14-19 required inspections for disbonding of the 
trailing edge wedge of the leading edge slat; and repair, if necessary. 
We issued AD 93-14-19 to prevent the loss of a trailing edge wedge, 
which could result in reduced maneuver margins, reduced speed margins 
to stall, and unexpected roll before stall warning, all of which would 
adversely affect the controllability of the airplane. Since we issued 
AD 93-14-19, an updated stability and control analysis showed that the 
worst-case scenario of a trailing edge wedge disbond in-flight would 
not adversely affect the controllability of the airplane. Accordingly, 
AD 93-14-19 is removed.

DATES: This AD becomes effective November 26, 2018.

ADDRESSES: 

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-2018-
0582; 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 AD, the

[[Page 60338]]

regulatory evaluation, any comments received, and other information. 
The address for Docket Operations (telephone 800-647-5527) 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.

FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer, 
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3524; email: 
<a href="/cdn-cgi/l/email-protection#1760766e7972397b78747c7263635771767639707861"><span class="__cf_email__" data-cfemail="9fe8fee6f1fab1f3f0fcf4faebebdff9fefeb1f8f0e9">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by removing AD 93-14-19, Amendment 39-8644 (58 FR 41177, August 
3, 1993) (``AD 93-14-19''). AD 93-14-19 applied to certain The Boeing 
Company Model 767-200 and -300 series airplanes. The NPRM published in 
the Federal Register on July 17, 2018 (83 FR 33162) (``the NPRM''). The 
NPRM was prompted by an updated stability and control analysis that 
showed the worst-case scenario of a trailing edge wedge disbond in-
flight would not adversely affect the controllability of the airplane. 
The NPRM proposed to remove AD 93-14-19. We are issuing this AD to 
remove AD 93-14-19.

Comments

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

Support for the NPRM

    Boeing and Delta Air Lines (DAL) stated their support for the 
proposed AD. United Airlines stated that it has no objection to the 
proposed rule.

Request to Withdraw the NPRM

    Airline Pilots Association, International (ALPA) stated that it 
opposes the rescission of AD 93-14-19 because the FAA continues to 
issue similar ADs effective to other airplanes. ALPA also noted that 
the required actions of AD 93-14-19 are relatively low cost.
    From these statements, we infer that ALPA was requesting that we 
withdraw the NPRM. We do not agree with the commenter's request. 
Updated stability and control data for the affected airplanes shows 
that damage and disbonding of the leading edge slat wedge is 
insufficient to be considered an airplane-level safety item. The 
updated data shows that there is sufficient lateral control up to stick 
shaker to counter any rolling moment caused by a missing or damaged 
slat wedge. Therefore, we have not changed this AD in this regard.

Request to Rescind Similar AD on another Airplane Model

    DAL asked if AD 2017-22-12, Amendment 39-19092 (82 FR 55027, 
November 20, 2017) (``AD 2017-22-12''), would also be considered for 
rescission. DAL reasoned that AD 2017-22-12 required, among other 
things, inspection of the same structure (the trailing edge slat wedge 
of the leading edge slats) on The Boeing Company Model 757 series 
airplanes for the same reason (disbonding of slats) as AD 93-14-19.
    We agree to clarify. We do not find it appropriate to rescind AD 
2017-22-12 at this time. The flight characteristics of The Boeing 
Company Model 757 series airplanes are different than the flight 
characteristics of The Boeing Company Model 767 series airplanes, and 
the stability and control analysis of the one model does not transfer 
to the other model. However, if new data indicates that the identified 
unsafe condition no longer exists on Model 757 airplanes, we might 
consider additional rulemaking at that time. We have not changed this 
AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD as proposed except for minor editorial changes. We have 
determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

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.
    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 and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    We determined that 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 the 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 removing Airworthiness Directive (AD) 
93-14-19, Amendment 39-8644 (58 FR 41177, August 3, 1993), and adding 
the following new AD:


[[Page 60339]]


93-14-19R1 The Boeing Company: Amendment 39-19503; Docket No. FAA-
2018-0582; Product Identifier 2018-NM-085-AD.

(a) Effective Date

    This AD becomes effective November 26, 2018.

(b) Affected AD

    This AD removes AD 93-14-19, Amendment 39-8644 (58 FR 41177, 
August 3, 1993).

(c) Applicability

    This action applies to The Boeing Company Model 767 series 
airplanes, certificated in any category, line numbers 1 through 488 
inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Related Information

    For more information about this AD, contact Wayne Lockett, 
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3524; 
email: <a href="/cdn-cgi/l/email-protection#601701190e054e0c0f030b051414200601014e070f16"><span class="__cf_email__" data-cfemail="a9dec8d0c7cc87c5c6cac2ccdddde9cfc8c887cec6df">[email&#160;protected]</span></a>.

    Issued in Des Moines, Washington, on November 8, 2018.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-25494 Filed 11-23-18; 8:45 am]
BILLING CODE 4910-13-P