AD 2020-02-12

[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-02202]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 <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="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2019-
0442.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a>by 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: <a href="/cdn-cgi/l/email-protection#26424953414a4755085255534c4f6640474708414950"><span class="__cf_email__" data-cfemail="3c5853495b505d4f12484f4956557c5a5d5d125b534a">[email&#160;protected]</span></a>.

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:
    <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.
    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
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
* 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: <a href="/cdn-cgi/l/email-protection#94adb9d5dad9b9c7f1f5e0e0f8f1b9d5d7dbb9d5d9dbd7b9c6f1e5e1f1e7e0e7d4f2f5f5baf3fbe2"><span class="__cf_email__" data-cfemail="1f26325e5152324c7a7e6b6b737a325e5c50325e52505c324d7a6e6a7a6c6b6c5f797e7e31787069">[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 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: <a href="/cdn-cgi/l/email-protection#81e5eef4e6ede0f2aff5f2f4ebe8c1e7e0e0afe6eef7"><span class="__cf_email__" data-cfemail="d0b4bfa5b7bcb1a3fea4a3a5bab990b6b1b1feb7bfa6">[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 (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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (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 <a href="/cdn-cgi/l/email-protection#d5b3b0b1a7b0b2fbb9b0b2b4b995bbb4a7b4fbb2baa3"><span class="__cf_email__" data-cfemail="3a5c5f5e485f5d14565f5d5b567a545b485b145d554c">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    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]
 BILLING CODE 4910-13-P