[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Rules and Regulations]
[Pages 4775-4778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31959]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-7419; Directorate Identifier 2015-NM-189-AD; 
Amendment 39-18769; AD 2017-01-02]
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 adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 787-8 and 787-9 airplanes. This AD was 
prompted by a report 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. This AD 
requires inspecting the trailing edge flap rotary actuator, and 
replacing the rotary actuator or doing related investigative and 
corrective actions if necessary. We are issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective February 21, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 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

[[Page 4776]]

110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; Internet 
https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221. It is also available on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2016-7419.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
7419; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, 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: Fnu Winarto, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6659; fax: 425-917-6590; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We 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 and 787-9 airplanes. The NPRM published in the Federal 
Register on July 12, 2016 (81 FR 45070) (``the NPRM''). The NPRM was 
prompted by a report 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. The NPRM 
proposed to require an inspection of the inboard and outboard flap 
trailing edge rotary actuator for any discrepant rotary actuator. For 
discrepant rotary actuators, the NPRM proposed to require replacing the 
rotary actuator, or alternatively, determining the flight cycles on the 
rotary actuator, and doing related investigative and corrective actions 
if necessary. We are issuing this AD to detect and replace rotary 
actuators having incorrect assembly, 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. Boeing stated that it supported the NPRM. United 
Airlines (UAL) stated that it supported the compliance time in the 
NPRM.

Request for the Manufacturer To Re-Evaluate Its Warranty Policy

    UAL requested that Boeing re-evaluate its warranty policy. UAL 
stated that an incorrect stack sequence occurred during the 
manufacturing process and that operators should not be penalized for 
having to perform the test and replacement of the rotary actuators.
    We partially agree with the request. We agree that this is a 
manufacturing issue. However, we have not revised this final rule in 
this regard because we do not regulate Boeing's warranty policy.

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:
     Are consistent with the intent that was proposed in the 
NPRM for correcting 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

    We reviewed Boeing Alert Service Bulletin B787-81205-SB270032-00, 
Issue 001, dated November 3, 2015. The service information describes 
procedures for an inspection of the inboard and outboard flap rotary 
actuator for any discrepant rotary actuator, and procedures for 
replacing the rotary actuator, or determining the flight cycles on the 
rotary actuator and doing applicable related investigative and 
corrective actions. 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 5 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........................  1 work-hour x $85 per                  $0              $85             $425
                                     hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary on-condition 
actions that will be required based on the results of the inspection. 
We have no way of determining the number of aircraft that might need 
this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Check to determine flight cycles on the      1 work-hour x $85 per hour = $85...              $0             $85
 rotary actuator.
Functional test............................  2 work-hours x $85 per hour = $170.              $0            $170
Replacement................................  2 work-hours x $85 per hour = $170.              $0            $170
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[[Page 4777]]

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.

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) 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 adding the following new airworthiness 
directive (AD):

2017-01-02 The Boeing Company: Amendment 39-18769; Docket No. FAA-
2016-7419; Directorate Identifier 2015-NM-189-AD.

(a) Effective Date

    This AD is effective February 21, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 787-8 and 787-9 
airplanes, certificated in any category, as identified in Boeing 
Alert Service Bulletin B787-81205-SB270032-00, Issue 001, dated 
November 3, 2015.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Control Systems.

(e) Unsafe Condition

    This AD was prompted by a report 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 rotary 
actuators having incorrect assembly, 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) Inspection and Other Actions

    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 001, dated November 3, 2015. If any 
discrepant rotary actuator is found, within 60 months after the 
effective date of this AD, 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.
    (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.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
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 ACO, send it to the 
attention of the person identified in paragraph (i) 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 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 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) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(h)(4)(i) and (h)(4)(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.

(i) Related Information

    For more information about this AD, contact Fnu Winarto, 
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, 
Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 
425-917-6659; fax: 425-917-6590; email: [email protected].

(j) 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 Alert Service Bulletin B787-81205-SB270032-00, Issue 
001, dated November 3, 2015.
    (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.

[[Page 4778]]

    (4) You may view this referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, 
call 425 227-1221.
    (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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on December 27, 2016.
Jeffrey E. Duven,
Manager,Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-31959 Filed 1-13-17; 8:45 am]
 BILLING CODE 4910-13-P