AD 2018-22-04

[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Rules and Regulations]
[Pages 53569-53573]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2018-23036]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0078; Product Identifier 2017-NM-107-AD; Amendment 
39-19477; AD 2018-22-04]
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 superseding Airworthiness Directive (AD) 2017-01-02, 
which applied to certain The Boeing Company Model 787-8 and 787-9 
airplanes. AD 2017-01-02 required an inspection for discrepant inboard 
and outboard trailing edge flap rotary actuators, and replacing the 
rotary actuator or doing related investigative and corrective actions 
if necessary. This AD continues to retain those actions. This AD also 
adds airplanes to the applicability and reduces the number of affected 
actuators. This AD was prompted by a report indicating that some 
inboard and outboard trailing edge flap rotary actuators may have been 
assembled with an incorrect no-back brake rotor-stator stack sequence 
during manufacturing. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective November 28, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 28, 
2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in

[[Page 53570]]

this AD as of February 21, 2017 (82 FR 4775, January 17, 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, 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0078.

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-
0078; 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 (phone: 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: 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: <a href="/cdn-cgi/l/email-protection#62060d17050e03114c161117080b220403034c050d14"><span class="__cf_email__" data-cfemail="02666d77656e63712c767177686b426463632c656d74">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2017-01-02, Amendment 39-18769 (82 FR 4775, 
January 17, 2017) (``AD 2017-01-02''). AD 2017-01-02 applied to certain 
The Boeing Company Model 787-8 and 787-9 airplanes. The NPRM published 
in the Federal Register on February 14, 2018 (83 FR 6477). The NPRM was 
prompted by a report indicating that some inboargd and outboard 
trailing edge flap rotary actuators may have been assembled with an 
incorrect no-back brake rotor-stator stack sequence during 
manufacturing. The NPRM proposed to continue to require an inspection 
of the inboard and outboard trailing edge flap rotary actuator for any 
discrepant rotary actuator, and corrective actions if necessary. The 
NPRM also proposed to add airplanes to the applicability and reduce the 
number of affected actuators. We are issuing this AD to address 
incorrectly assembled rotary actuators, which could cause accelerated 
unit wear that will eventually reduce braking performance. This 
degradation could lead to loss of no-back brake function and reduced 
controllability of the airplane.

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. Boeing stated that it supported the 
NPRM.

Request To Revise the Applicability

    One commenter, Takayoshi Aimoto, requested that we revise the 
applicability of the NPRM. Mr. Aimoto stated that the applicability 
should be limited to certain Boeing Model 787-8 and 787-9 airplanes 
because Boeing has not installed the suspected rotary actuators on 
newly delivered Model 787-8 and 787-9 airplanes.
    We disagree with the commenter's request. While the number of 
discrepant rotary actuators are limited, these parts are considered 
rotable, and they could be removed and installed on other Model 787-8 
or 787-9 series airplanes outside the group suspected of being 
delivered with the discrepant part and serial numbers. Therefore, the 
unsafe condition identified in the AD could exist in the future on all 
Model 787-8 and 787-9 airplanes. We have not changed the AD in this 
regard.

Request for Clarification of Part Marking Requirements

    United Airlines (UAL) requested clarification of paragraph (i) of 
the proposed AD and whether the FAA will allow installation of 
applicable parts that are marked with the appropriate component service 
bulletin number, instead of the service bulletin number identified in 
paragraph (i) of the proposed AD, as specified in Task 2 of Boeing 
Alert Service Bulletin B787-81205-SB270032-00, Issue 003, dated July 
28, 2017. UAL commented that Task 2 is invoked only as part of one 
option (option 2) if a discrepant part is found; there is also the 
option to replace the part.
    UAL stated that replaced parts removed from the airplane and any 
affected spare parts may be dispositioned to a shop for repair using a 
component service bulletin, and in that case, the marking would 
indicate the component service bulletin number. UAL commented that 
Table 1 of paragraph 3.B., ``Parts and Materials Supplied by the 
Operator,'' of Boeing Alert Service Bulletin B787-81205-SB270032-00, 
Issue 003, dated July 28, 2017, states that parts supplied by the 
operator may be marked by the Boeing service information, or they may 
be marked with the component service information. UAL stated, for 
example, P689A0001-01 may be marked with ``SB P689A0001-27-01 
INCORPORATED'' or ``B787-81205-SB270032-00 INCORPORATED''.
    UAL also commented that paragraph 2.E. of the Work Instructions of 
the ``Part 1: Inboard and Outboard Flap Rotary Actuator'' of Boeing 
Alert Service Bulletin B787-81205-SB270032-00, Issue 003, dated July 
28, 2017, allows for listed parts marked with ``SB P689A0001-27-01 
INCORPORATED,'' ``SB P690A0001-27-01 INCORPORATED,'' ``SB P700A0001-27-
01 INCORPORATED,'' ``SB CB10130-27-01 INCORPORATED,'' or ``B787-81205-
SB270032-00 INCORPORATED.''
    We agree to provide clarification for the commenter. Having the 
additional component service information incorporated means that a 
discrepant part has been inspected and/or modified to ensure that it is 
in the acceptable configuration. Boeing Alert Service Bulletin B787-
81205-SB270032-00, Issue 003, dated July 28, 2017, defines discrepant 
and acceptable parts. For clarification, we have revised paragraph (i) 
of this AD to include additional rotary actuator part markings that are 
acceptable for this AD.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the change 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 addressing 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 AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin B787-81205-SB270032-00, 
Issue 003, dated July 28, 2017. The service information describes 
procedures for an inspection of the

[[Page 53571]]

inboard and outboard trailing edge flap rotary actuator for any 
discrepant rotary actuator, and related investigative and corrective 
actions if necessary. The related investigative actions include a 
functional test of the trailing edge flap no-back brake. The corrective 
actions include replacement of the discrepant rotary actuator with a 
nondiscrepant rotary actuator. 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 affects 89 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
----------------------------------------------------------------------------------------------------------------
Inspection.........................  5 work-hours x $85 per hour              $0            $425         $37,825
                                      = $425.
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    We estimate the following costs to do any necessary on-condition 
actions that would be required based on the results of the proposed 
inspection. We have no way of determining the number of aircraft or the 
number of rotary actuators (up to 8 per shipset) that might need these 
on-condition actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                      Labor cost         Parts cost              Cost per product
----------------------------------------------------------------------------------------------------------------
Check to determine flight cycles on  1 work-hour x $85 per              $0  $85 per rotary actuator.
 the rotary actuator.                 hour = $85.
Functional Test per rotary actuator  2 work-hours x $85                  0  $170 per rotary actuator.
                                      per hour = $170.
Replacement per rotary actuator....  2 work-hours x $85                  0  $170 per rotary actuator.
                                      per hour = $170.
System Test after rotary actuator    24 work-hours x $85                 0  $2,040 per airplane.
 replacement(s) per airplane.         per hour = $2,040.
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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.
    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 and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    We have 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 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) 
2017-01-02, Amendment 39-18769 (82 FR 4775, January 17, 2017), and 
adding the following new AD:

2018-22-04 The Boeing Company: Amendment 39-19477; Docket No. FAA-
2018-0078; Product Identifier 2017-NM-107-AD.

(a) Effective Date

    This AD is effective November 28, 2018.

(b) Affected ADs

    This AD replaces AD 2017-01-02, Amendment 39-18769 (82 FR 4775, 
January 17, 2017) (``AD 2017-01-02'').

(c) Applicability

    This AD applies to all The Boeing Company Model 787 series 
airplanes, certificated in any category.

[[Page 53572]]

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
control systems.

(e) Unsafe Condition

    This AD was prompted by a report indicating that some inboard 
and outboard trailing edge flap rotary actuators may have been 
assembled with an incorrect no-back brake rotor-stator stack 
sequence during manufacturing. We are issuing this AD to detect and 
replace incorrectly assembled rotary actuators, which could cause 
accelerated unit wear that will eventually reduce braking 
performance. This degradation could lead to loss of no-back brake 
function and reduced controllability of the airplane.

(f) Compliance

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

(g) Retained Inspection and Other Actions

    For The Boeing Company Model 787-8 and 787-9 airplanes 
identified in Boeing Alert Service Bulletin B787-81205-SB270032-00, 
Issue 001, dated November 3, 2015: Within 60 months after February 
21, 2017 (the effective date of AD 2017-01-02), do an inspection of 
the inboard and outboard trailing edge flap rotary actuator for any 
discrepant rotary actuator, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin B787-81205-SB270032-
00, Issue 001, dated November 3, 2015; or Boeing Alert Service 
Bulletin B787-81205-SB270032-00, Issue 003, dated July 28, 2017. If 
any discrepant rotary actuator is found, within 60 months after 
February 21, 2017, do the actions specified in paragraph (g)(1) or 
(g)(2) of this AD, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin B787-81205-SB270032-
00, Issue 001, dated November 3, 2015; or Boeing Alert Service 
Bulletin B787-81205-SB270032-00, Issue 003, dated July 28, 2017. 
After the effective date of this AD only Boeing Alert Service 
Bulletin B787-81205-SB270032-00, Issue 003, dated July 28, 2017, may 
be used.
    (1) Replace the discrepant rotary actuator.
    (2) Check the maintenance records to determine the flight cycles 
of each discrepant rotary actuator and, within 60 months after 
February 21, 2017 (the effective date of AD 2017-01-02), do all 
applicable related investigative and corrective actions.

(h) New Requirements: Inspection, Related Investigative and Corrective 
Actions

    For airplanes not identified in Boeing Alert Service Bulletin 
B787-81205-SB270032-00, Issue 001, dated November 3, 2015, which 
have an Original Certificate of Airworthiness or Export Certificate 
of Airworthiness with a date on or before the effective date of this 
AD: Within 60 months after the effective date of this AD, do an 
inspection of the inboard and outboard trailing edge flap rotary 
actuator for any discrepant rotary actuator, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin B787-
81205-SB270032-00, Issue 003, dated July 28, 2017. If any discrepant 
rotary actuator is found, within 60 months after the effective date 
of this AD, do the actions specified in paragraph (h)(1) or (h)(2) 
of this AD, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin B787-81205-SB270032-00, Issue 003, 
dated July 28, 2017.
    (1) Replace the discrepant rotary actuator.
    (2) Check the maintenance records to determine the flight cycles 
of each discrepant rotary actuator and, within 60 months after the 
effective date of this AD, do all applicable related investigative 
and corrective actions.

(i) Parts Installation Limitation

    As of the effective date of this AD, no person may install, on 
any airplane, a rotary actuator with a part number and serial number 
identified in Appendix A of Boeing Alert Service Bulletin B787-
81205-SB270032-00, Issue 003, dated July 28, 2017, unless the 
actuator has been permanently marked in accordance with Task 2 of 
Boeing Alert Service Bulletin B787-81205-SB270032-00, Issue 003, 
dated July 28, 2017, with ``B787-81205-SB270032-00 INCORPORATED.'' 
Rotary actuators marked with ``SB P689A0001-27-01 INCORPORATED,'' 
``SB P690A0001-27-01 INCORPORATED,'' ``SB P700A0001-27-01 
INCORPORATED,'' or ``SB CB10130-27-01 INCORPORATED'' are also 
acceptable.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert Service Bulletin B787-
81205-SB270032-00, Issue 002, dated November 3, 2016.
    (2) This paragraph provides credit for the actions specified in 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert Service Bulletin B787-
81205-SB270032-00, Issue 001, dated November 3, 2015, or Boeing 
Alert Service Bulletin B787-81205-SB270032-00, Issue 002, dated 
November 3, 2016.

(k) 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 (l)(1) of this AD. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#457c68040b0868162024313129206804060a6804080a06681720343020363136052324246b222a33"><span class="__cf_email__" data-cfemail="774e5a36393a5a24121603031b125a3634385a363a38345a25120602120403043711161659101801">[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, 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 2017-01-02 are approved as 
AMOCs for the corresponding provisions of this AD.
    (5) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(k)(5)(i) and (k)(5)(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.

(l) 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: <a href="/cdn-cgi/l/email-protection#781c170d1f14190b560c0b0d1211381e1919561f170e"><span class="__cf_email__" data-cfemail="2a4e455f4d464b59045e595f40436a4c4b4b044d455c">[email&#160;protected]</span></a>.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(5) and (m)(6) of this AD.

(m) 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.
    (3) The following service information was approved for IBR on 
November 28, 2018.
    (i) Boeing Alert Service Bulletin B787-81205-SB270032-00, Issue 
003, dated July 28, 2017.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
February 21, 2017 (82 FR 4775, January 17, 2017).
    (i) Boeing Alert Service Bulletin B787-81205-SB270032-00, Issue 
001, dated November 3, 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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (6) You may view this service information at 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.

[[Page 53573]]

    (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, 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 Des Moines, Washington, on October 12, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-23036 Filed 10-23-18; 8:45 am]
 BILLING CODE 4910-13-P