[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Rules and Regulations]
[Pages 67851-67854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26734]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0494; Product Identifier 2019-NM-051-AD; Amendment
39-19801; AD 2019-23-07]
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 787-8, 787-9, and 787-10 airplanes.
This AD was prompted by reports that the nose landing gear (NLG)
retracted on the ground, with weight on the airplane's wheels, due to
the incorrect installation of an NLG downlock pin in the apex pin inner
bore of the NLG lock link assembly. This AD requires installing an
insert to prevent installation of the pin in the incorrect location.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective January 16, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 16,
2020.
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 https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards 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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0494.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0494; 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, the regulatory evaluation, 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.
FOR FURTHER INFORMATION CONTACT: Allen Rauschendorfer, Aerospace
Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th
St., Des Moines, WA 98198; phone and fax: 206-231-3528; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
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 787-8, 787-9, and 787-10 airplanes. The NPRM published in
the Federal Register on July 23, 2019 (84 FR 35352). The NPRM was
prompted by reports that the NLG retracted on the ground, with weight
on the airplane's wheels, due to the incorrect installation of an NLG
downlock pin in the apex pin inner bore of the NLG lock link assembly.
The NPRM proposed to require installing an insert to prevent
installation of the pin in the incorrect location.
The FAA is issuing this AD to address the NLG downlock pin being
incorrectly installed in the apex pin inner bore of the NLG lock link
assembly, which could result in the NLG retracting on the ground,
possibly causing serious injuries to personnel and passengers and
substantial damage to the airplane.
Comments
The FAA 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 Revise Applicability of the Proposed AD
American Airlines (AAL) requested that the FAA revise the
applicability of the AD to specify the affected part numbers of the NLG
lock link assembly rather than the affected airplanes because the
affected parts may be swapped between airplanes. AAL noted that
paragraph A.2. of Boeing Requirements Bulletin B787-81205-SB320040-00
RB, Issue 001, dated March 12, 2019, specifies to identify, modify, and
part mark the spares. AAL suggested that once the apex bin inner bore
insert is installed in the NLG lock link assembly in production, the
NLG lock link assembly part number should also change. AAL requested
that, should the FAA not revise the applicability of the proposed AD to
affected part numbers, the applicability of the proposed AD be revised
to include all Model 787 airplanes rather than only the airplanes
specified in Boeing Requirements Bulletin B787-81205-SB320040-00 RB,
Issue 001, dated March 12, 2019. AAL asserted that the unsafe condition
applies to all airplanes.
The FAA disagrees with the request to revise the applicability of
this AD. This AD does not require operators to identify, modify, or
part mark their spares. Paragraph (g) of this AD specifies to
accomplish the actions in accordance with the Accomplishment
Instructions of Boeing Requirements Bulletin B787-81205-SB320040-00 RB,
Issue 001, dated March 12, 2019, and does not specify to accomplish
actions in accordance with paragraph A.2. of Boeing Requirements
Bulletin B787-81205-SB320040-00 RB, Issue 001, dated March 12, 2019.
Therefore, the FAA has determined that it is appropriate for this AD to
apply to Boeing Model 787-8, 787-9, 787-10 airplanes, line numbers 6
through 848 inclusive, as specified in Boeing Requirements Bulletin
B787-81205-SB320040-00 RB, Issue 001, dated March 12, 2019. Only these
airplanes need to have the apex bin inner bore insert installed in
order to address the identified unsafe condition.
Regarding AAL's request to revise the applicability to all Model
787 airplanes, Boeing will incorporate the apex pin inner bore insert
as part of the airplane type design at line number 849 and subsequent.
At that time, the NLG lock link assembly will change part numbers, and
the airplane type design will be changed as a result. If an operator
installs an NLG lock link assembly of a different part number than what
is defined as airplane type design, then the airplane would be out of
compliance. Consequently, all airplanes will be required to have the
apex pin inner bore insert installed in the NLG lock link assembly. No
changes have been made to the applicability of this AD.
[[Page 67852]]
Requests To Change NLG Lock Link Assembly Part Number Post-Installation
AAL requested that the FAA revise the proposed AD to add a
requirement that the NLG lock link assembly part number be changed upon
installing the apex pin inner bore insert. AAL reasoned that the NLG
lock link would be modified as an assembly and that, even though the
airplane may be in the proper configuration, there would be no
documentation to support the modification having been accomplished. AAL
also noted that there is no consistent procedure for marking the change
identification of the NLG lock link assembly amongst operators, which
could lead to configuration issues when parts are exchanged between
airlines. AAL suggested that operators should be informed on how Boeing
is marking the change identification of the NLG lock link assemblies
that are in production.
The FAA does not agree with the request. Boeing Requirements
Bulletin B787-81205-SB320040-00 RB, Issue 001, dated March 12, 2019,
identifies the Boeing assigned NLG lock link assembly part number prior
to installation of the apex pin inner bore insert and indicates that
there is no new Boeing part number for the changed NLG lock link
assembly. Boeing Service Bulletin B787-81205-SB320040-00, Issue 001,
dated March 12, 2019 (which is referred to in Boeing Requirements
Bulletin B787-81205-SB320040-00 RB, Issue 001, dated March 12, 2019),
specifies to mark the change identification of the NLG lock link
assembly to indicate the apex pin bore insert has been installed.
Operators are not required to change the identification as specified in
Boeing Service Bulletin B787-81205-SB320040-00, Issue 001, dated March
12, 2019. Each operator has the latitude to identify the installed part
that is consistent with their internal operating procedures. Operators
may contact Boeing for information on how production airplanes are
being marked for change identification of the NLG lock link assembly.
The AD has not been changed in this regard.
Request To Allow Alternative Method of Compliance (AMOC)
United Airlines (UAL) requested that the FAA issue an AMOC that
would allow the apex pin inner bore to be completely filled with
sealant. UAL stated that it recognized the possible unsafe condition of
the NLG downlock pin being incorrectly installed in the apex pin inner
bore of the NLG lock link assembly, and plugged the apex pin inner bore
with sealant as a preventive modification. UAL explained that it
applied this modification to its entire fleet prior to the issue of
Boeing Requirements Bulletin B787-81205-SB320040-00 RB, Issue 001,
dated March 12, 2019, and it proposed to add the apex pin inner bore
insert at the time of the next component overhaul to maintain
configuration control.
The FAA disagrees with the request. The FAA and Boeing are
concerned that filling the apex pin inner bore with sealant is not a
long term solution because the sealant may deteriorate and degrade over
the life of the landing gear. The FAA has determined that the proposed
apex pin inner bore insert is a more robust solution that will address
the unsafe condition and withstand the harsh environment of the NLG.
The AD has not been changed in this regard. However, if any person has
data that would justify an alternative solution, that person may
request approval of an AMOC under the provisions of paragraph (i) of
this AD.
Requests To Identify a Certain Step as Non-RC (Required for Compliance)
UAL requested that the FAA identifies the step that specifies to
mark the change identification of the NLG lock link assembly as Non-RC.
UAL predicted that each operator will implement their own unique change
identification method and reasoned that its own internal controls
clearly identify its compliance with the requirements and
accomplishment of the modification, which would negate the need to
require change identification of the NLG lock link assembly.
The FAA agrees to clarify. The change identification of the NLG
lock link assembly is not required for compliance. The change
identification in the Requirements Bulletin is a ``refer to''
procedure. As stated in a note under the Accomplishment Instructions of
Boeing Requirements Bulletin B787-81205-SB320040-00, Issue 001, dated
March 12, 2019, procedures marked as ``refer to'' may be deviated from
using accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC. The AD has
not been changed in this regard.
Request To Clarify NLG Retraction Incident
Boeing requested that the FAA clarify the Discussion of the NPRM to
state that the NLG retraction incident that took place in March of 2016
was caused by the lack of an NLG downlock pin being installed on the
NLG, not by the installation of an NLG downlock pin in an incorrect
location. Boeing conceded that the event was an inadvertent NLG
retraction, but maintained that the event was not due to the NLG
downlock pin being installed incorrectly.
We partially agree with the request to change the Discussion
section of the NPRM. As specified above, the design approval holder
noted in their investigation that the inadvertent NLG retraction in
March of 2019 was caused by a missing NLG downlock pin. However, we
also received a safety recommendation submitted by Aviation Technical
Services that indicated the probable cause was that the NLG downlock
pin was installed in the wrong location for both incidents referenced
in the Discussion section of the NPRM.
We note that we have received conflicting information about the
March 2016 incident and what was the probable cause of the incident.
However, we have not changed this final rule in this regard because the
Discussion section of the NPRM is not restated in the final rule.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Requirements Bulletin B787-81205-SB320040-
00 RB, Issue 001, dated March 12, 2019. The service information
describes procedures for installing an insert into the apex pin inner
bore of the NLG lock link assembly to prevent the NLG downlock pin from
being inserted in the incorrect location. 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
The FAA estimates that this AD would affect 73 airplanes of U.S.
registry. The agency estimates the following costs to comply with this
AD:
[[Page 67853]]
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Install insert...................... 2 work-hours x $85 per $1,820 $1,990 $145,270
hour = $170.
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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.
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
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.
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):
2019-23-07 The Boeing Company: Amendment 39-19801; Docket No. FAA-
2019-0494; Product Identifier 2019-NM-051-AD.
(a) Effective Date
This AD is effective January 16, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 787-8, 787-9, and
787-10 airplanes, certificated in any category, as identified in
Boeing Requirements Bulletin B787-81205-SB320040-00 RB, Issue 001,
dated March 12, 2019.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
gear.
(e) Unsafe Condition
This AD was prompted by reports that the nose landing gear (NLG)
retracted on the ground, with weight on the airplane's wheels, due
to the incorrect installation of an NLG downlock pin in the apex pin
inner bore of the NLG lock link assembly. The FAA is issuing this AD
to address the NLG downlock pin being incorrectly installed in the
apex pin inner bore of the NLG lock link assembly, which could
result in the NLG retracting on the ground, possibly causing serious
injuries to personnel and passengers and substantial damage to 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
Requirements Bulletin B787-81205-SB320040-00 RB, Issue 001, dated
March 12, 2019, do all applicable actions identified in, and in
accordance with, the Accomplishment Instructions of Boeing
Requirements Bulletin B787-81205-SB320040-00 RB, Issue 001, dated
March 12, 2019.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Service Bulletin B787-
81205-SB320040-00, Issue 001, dated March 12, 2019, which is
referred to in Boeing Requirements Bulletin B787-81205-SB320040-00
RB, Issue 001, dated March 12, 2019.
(h) Exceptions to Service Information Specifications
For purposes of determining compliance with the requirements of
this AD: Where Boeing Requirements Bulletin B787-81205-SB320040-00
RB, Issue 001, dated March 12, 2019, uses the phrase ``the Issue 001
date of Requirements Bulletin B787-81205-SB320040-00 RB,'' this AD
requires using ``the effective date of this AD.''
(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: [email protected].
(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 Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO 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
For more information about this AD, contact Allen
Rauschendorfer, Aerospace Engineer, Airframe Section, FAA, Seattle
ACO Branch, 2200 South 216th St., Des
[[Page 67854]]
Moines, WA 98198; phone and fax: 206-231-3528; email:
[email protected].
(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 Requirements Bulletin B787-81205-SB320040-00 RB,
Issue 001, dated March 12, 2019.
(ii) [Reserved]
(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 https://www.myboeingfleet.com.
(4) You may view this service information at the FAA, Transport
Standards 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 [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on December 2, 2019.
John Piccola,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-26734 Filed 12-11-19; 8:45 am]
BILLING CODE 4910-13-P