[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6738-6741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02202]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0442; Product Identifier 2018-NM-171-AD; Amendment
39-19826; AD 2020-02-12]
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 superseding Airworthiness Directive (AD) 2017-15-
04, which applied to certain The Boeing Company Model 787-8 and 787-9
airplanes. AD 2017-15-04 required replacement of affected
electromechanical actuators (EMAs). This AD retains the requirements of
AD 2017-15-04; expands the applicability to include all The Boeing
Company Model 787 series airplanes; and adds a new requirement to
identify, for certain airplanes, the part number of EMAs and to replace
affected EMAs. This AD was prompted by wire harness chafing on the EMAs
for certain spoilers due to insufficient separation with adjacent
structure. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective March 12, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 12,
2020.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of August
25, 2017 (82 FR 33785, July 21, 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 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-
0442.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.govby searching for and locating Docket No. FAA-2019-
0442; 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: Douglas Tsuji, Senior Aerospace
Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3548;
email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2017-15-04, Amendment 39-18964 (82 FR
33785, July 21, 2017) (``AD 2017-15-04''). AD 2017-15-04 applied to
certain The Boeing Company Model 787-8 and 787-9 airplanes. The NPRM
published in the Federal Register on July 2, 2019 (84 FR 31526). The
NPRM was prompted by a determination that discrepant EMAs could be
installed on airplanes outside the original applicability of AD 2017-
15-04. The NPRM proposed to continue to require replacement of affected
EMAs. The NPRM also proposed to expand the applicability to include all
The Boeing Company Model 787 series airplanes, and add a new
requirement to identify, for certain airplanes, the part number of EMAs
and to replace affected EMAs. The FAA is issuing this AD to address
chafing and consequent wire damage that could result in a potential
source of ignition in the flammable leakage zone and a consequent fire
or explosion.
Comments
The FAA 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
United Airlines stated that it has no objection to the NPRM.
Request To Withdraw the NPRM
Boeing requested that the FAA withdraw the NPRM and retain AD 2017-
15-04. Boeing stated that the proposal to expand the applicability to
include all Boeing Model 787 series airplanes is not necessary. Boeing
pointed out that discrepant spoiler EMAs are only applicable to Model
787-8 and 787-9 airplanes, which is the current applicability of AD
2017-15-04. Boeing further pointed out that the changes to the spoiler
EMAs, as described in Boeing Service Bulletin B787-81205-SB270030-00,
is the baseline for that model, and was incorporated in production on
the first Model 787-10 airplane and on. Boeing also stated that the
Illustrated Parts Data (IPD) defines the effectivity of the new spoiler
EMA part numbers (P/Ns) by line number, and shows that only the C99144-
006 P/N is allowed on Model 787-10 airplanes. Boeing asserted that all
documentation available to operators specifically states that spoiler
EMA P/N C99144-006 is the only approved P/N for Model 787-10 airplanes.
The FAA does not agree with the request to withdraw the NPRM. EMAs
are rotable parts that could later be installed on Boeing Model 787
series airplanes that previously did not have affected EMAs installed.
Existing in-
[[Page 6739]]
service maintenance practices allow for the possibility of discrepant
parts being installed on Boeing Model 787 airplanes not affected by AD
2017-15-04. Therefore, the FAA included all Boeing Model 787 series
airplanes in the applicability to ensure the unsafe condition is
addressed if an affected EMA is installed on a Boeing Model 787-10
airplane. The FAA has not changed this AD in this regard.
Request To Change Applicability of the NPRM
Boeing acknowledges there is a difference between the Boeing
service information and the NPRM in capturing airplane effectivity.
Boeing noted that there may be instances where operators are rotating
parts outside of type design, beyond effectivity limits, or installing
EMAs onto airplane configurations in which service information and
design changes have already been incorporated. Boeing stated it
understands the FAA's concerns regarding the possibility of parts being
rotated outside the effectivity contained in the Boeing service
information. As a result, Boeing expressed its desire to seek an
alternative solution to address the concerns of the FAA. Boeing
recommended a collaboration between airline partners, other original
equipment manufacturers, and civil aviation authorities to develop an
action to implement safe, fair, and consistent policy to address
concerns on rotable parts for the industry. Boeing stated it seeks to
implement an industry-standard policy on rotable parts.
The FAA is aware that airlines want to maintain the flexibility
that is reflected in FAA Advisory Circular (AC) 120-77, dated October
7, 2002 (see paragraph 11(a)(4) of AC 120-77). If this flexibility is
no longer allowed with regard to rotable parts, then ADs with an
effectivity of ``all'' would not be necessary to address this issue. At
this time, however, AC 120-77 is approved FAA policy that provides
certain flexibility for rotable parts. Therefore, the applicability of
this AD remains all The Boeing Company Model 787 series airplanes. The
FAA has not changed this AD in this regard.
Request To Revise Summary and ``Actions Since AD 2017-15-04 Was
Issued'' Section
Boeing requested that the FAA revise the wording in the SUMMARY
from ``. . . discrepant EMAs may have been installed on airplanes
outside the original applicability . . .'' to ``. . . discrepant EMAs
could be installed on airplanes outside the original applicability . .
. .'' Boeing reasoned that the wording in the NPRM implies that the FAA
has indication that discrepant EMAs have been installed in-service.
Boeing infers that the intent of the phrase in the SUMMARY is a
hypothetical statement that discrepant EMAs could be installed, and
this intent was stated more clearly in the ``Actions Since AD 2017-15-
04 Was Issued'' section of the NPRM.
The FAA partially agrees with the commenter's request. The FAA
agrees that the proposed wording more closely matches the intent of the
wording in the ``Actions Since AD 2017-15-04 Was Issued'' section of
the NPRM. However, since neither that section of the SUMMARY nor the
``Actions Since AD 2017-15-04 Was Issued'' section of the Discussion
appear in the final rule, the FAA has not changed this final rule as
requested. The FAA has, however, revised the statement of what prompted
the AD in the Discussion section of this final rule to address the
commenter's request.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this AD with the changes described previously, and
minor editorial changes. The FAA has 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.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Service Bulletin B787-81205-SB270030-
00, Issue 002, dated April 7, 2017. The service information describes
procedures for replacing affected EMAs with new EMAs.
This AD also requires Boeing Service Bulletin B787-81205-SB270030-
00, Issue 001, dated October 22, 2015, which the Director of the
Federal Register approved for incorporation by reference as of August
25, 2017 (82 FR 33785, July 21, 2017).
These documents are distinct since they apply to different
airplanes. 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 93 airplanes of U.S.
registry. The agency estimates the following costs to comply with this
AD:
Estimated Costs for Required Actions
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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EMA replacement (retained actions 32 work-hours x $85 (*) $2,720 * per EMA $252,960 * per EMA
from AD 2017-15-04). per hour = $2,720 replacement. replacement.
per EMA
replacement.
Inspection/records check......... 1 work-hour x $85 $0 $85 per inspection $7,905.
per hour = $85. cycle.
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* Parts cost is not included in the service information, but Boeing has indicated that existing parts can be
modified to become the new parts.
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
[[Page 6740]]
unsafe condition that is likely to exist or develop on products
identified in this rulemaking action.
Regulatory Findings
The FAA has 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) 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 removing Airworthiness Directive (AD)
2017-15-04, Amendment 39-18964 (82 FR 33785, July 21, 2017), and adding
the following new AD:
2020-02-12 The Boeing Company: Amendment 39-19826; Docket No. FAA-
2019-0442; Product Identifier 2018-NM-171-AD.
(a) Effective Date
This AD is effective March 12, 2020.
(b) Affected ADs
This AD replaces AD 2017-15-04, Amendment 39-18964 (82 FR 33785,
July 21, 2017) (``AD 2017-15-04'').
(c) Applicability
This AD applies to all The Boeing Company Model 787 series
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
Controls.
(e) Unsafe Condition
This AD was prompted by wire harness chafing on the electro-
mechanical actuators (EMAs) for certain spoilers due to insufficient
separation with adjacent structure. The FAA is issuing this AD to
address chafing and consequent wire damage that could result in a
potential source of ignition in the flammable leakage zone and a
consequent fire or explosion.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained EMA Replacement, With Revised Compliance Language
This paragraph restates the requirements of paragraph (g) of AD
2017-15-04, with revised compliance language. For airplanes
identified in Boeing Service Bulletin B787-81205-SB270030-00, Issue
001, dated October 22, 2015: Within 40 months after August 25, 2017
(the effective date of AD 2017-15-04), replace the EMAs with new
EMAs, in accordance with the Accomplishment Instructions of Boeing
Service Bulletin B787-81205-SB270030-00, Issue 001, dated October
22, 2015; or Boeing Alert Service Bulletin B787-81205-SB270030-00,
Issue 002, dated April 7, 2017.
(h) New Definition
For the purpose of this AD, an ``affected part'' is an EMA for
spoiler 4, 5, 10, or 11 having part number (P/N) C99144-004 or
C99144-005.
(i) New EMA Identification and Replacement
For airplanes not identified in paragraph (g) of this AD with an
original airworthiness certificate or an original export certificate
of airworthiness dated before or on the effective date of this AD,
do the actions specified in paragraphs (i)(1) and (2) of this AD.
(1) Within 40 months after the effective date of this AD,
perform a general visual inspection of the EMAs for spoilers 4, 5,
10, and 11 to determine the part number. A review of airplane
maintenance records is acceptable in lieu of this inspection if the
part number of the EMA can be conclusively determined from that
review.
(2) If the EMA is an affected part: Within 40 months after the
effective date of this AD, replace the EMA in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin B787-
81205-SB270030-00, Issue 002, dated April 7, 2017.
(j) Parts Installation Prohibition
As of the effective date of this AD, do not install on any
airplane an EMA having P/N C99144-004 or C99144-005.
(k) Credit for Previous Actions
This paragraph provides credit for the action specified in
paragraph (i)(2) of this AD, if that action was performed before the
effective date of this AD using Boeing Service Bulletin B787-81205-
SB270030-00, Issue 001, dated October 22, 2015.
(l) 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 (m)(1) 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.
(4) AMOCs approved previously for AD 2017-15-04 are approved as
AMOCs for the corresponding provisions of paragraph (g) of this AD.
(5) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(l)(5)(i) and (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.
(m) Related Information
(1) For more information about this AD, contact Douglas Tsuji,
Senior Aerospace Engineer, Systems and Equipment Section, FAA,
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3548; email: [email protected].
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (n)(5) and (6) of this AD.
(n) 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.
[[Page 6741]]
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(3) The following service information was approved for IBR on
March 12, 2020.
(i) Boeing Alert Service Bulletin B787-81205-SB270030-00, Issue
002, dated April 7, 2017.
(ii) [Reserved]
(4) The following service information was approved for IBR on
August 25, 2017 (82 FR 33785, July 21, 2017).
(i) Boeing Service Bulletin B787-81205-SB270030-00, Issue 001,
dated October 22, 2015.
(ii) [Reserved]
(5) 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.
(6) 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.
(7) 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 on January 22, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-02202 Filed 2-5-20; 8:45 am]
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