[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Rules and Regulations]
[Pages 24020-24022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10283]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9075; Directorate Identifier 2016-NM-082-AD; 
Amendment 39-18890; AD 2017-10-16]
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 indicating that a portion of the sealant above the 
engine pylon between the wing skin and the vapor barrier might have 
been omitted. This AD requires an inspection for missing sealant in the 
seam on the outside and inside of the engine struts, and corrective 
actions if necessary. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective June 29, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 29, 
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 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-
9075.

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-
9075; 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: David Lee, Aerospace Engineer, 
Propulsion Branch, ANM-140S, Seattle Aircraft Certification Office 
(ACO), FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-
917-6501; 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 September 15, 2016 (81 FR 63433). The NPRM was prompted by 
a report indicating that a portion of the sealant above the engine 
pylon between the wing skin and the vapor barrier might have been 
omitted. The NPRM proposed to require an inspection for missing sealant 
in the seam on the outside and inside of the engine struts, and 
corrective actions if necessary. We are issuing this AD to detect and 
correct missing sealant above the engine pylon between the wing skin 
and the vapor barrier, which can create an unintended leak path for 
fuel, potentially draining onto the aft fairing heat shield above the 
engine and onto hot engine parts or brakes, which could lead to a major 
ground fire.

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.

Support for the NPRM

    Boeing and United Airlines (UAL) expressed support for the NPRM.

Request To Refer to Revised Service Information

    UAL requested that we revise the proposed AD to refer to Issue 002 
of Boeing Alert Service Bulletin B787-81205-SB570029-00. UAL stated 
that it disagrees with the finish requirement being an RC task. UAL 
pointed out that there is already an airworthiness limitation (AWL)/
Critical Design Configuration Control Limitations (CDCCL) task, 51-AWL-
01, for a paint requirement on the wing, resulting in a redundant AD 
requirement. UAL explained that Boeing plans to revise the service 
information to remove the requirement for applying finish over the 
newly applied sealant as a required for compliance (RC) task.
    We do not agree with UAL's request to revise this AD. When we 
incorporate service information by reference, we refer to approved or 
published service information. At the time of this action, Issue 002 of 
Boeing Alert Service Bulletin B78781205-SB570029-00 is not approved or 
published. We do not consider that delaying this action until after the 
release of a service bulletin revision is warranted. Boeing Alert 
Service Bulletin B787-81205-SB570029-00, Issue 001, dated February 23, 
2016, provides instructions that adequately address the missing sealant 
above the engine pylon between the wing skin and the vapor barrier, and 
provides the necessary steps to restore the finish disturbed by the 
required work.
    In addition, although UAL stated that Boeing plans to eliminate the 
RC designation for the finish restoration steps, Boeing has not 
received agreement from the FAA that such a proposal would be approved. 
The proper restoration of the finish, and particularly the thickness of 
the entire set of finish layers, is safety critical for the reasons 
stated in the related AWL. We do not view the AD requirement for finish 
restoration to be redundant relative to the AWL. The AWL requires that, 
following maintenance, alteration, and repair activity, the finish must 
be restored to the specifications contained in the AWL. We, therefore, 
expect the data used for any maintenance, alteration, or repair 
activity that disturbs that finish (in this case Boeing Alert Service 
Bulletin B787-81205-SB570029-00, Issue 001, dated February 23, 2016) to 
contain instructions that result in restoration of the finish to the 
standard contained in the AWL. For

[[Page 24021]]

these reasons, we do not agree with elimination of the RC designation 
for the referenced steps.
    We also do not agree that an operator can develop their own 
alternative finish restoration procedures without FAA or Boeing 
Commercial Airplanes Organization Designation Authorization (ODA) 
engineering review and approval of an alternative method of compliance 
(AMOC) in accordance with the procedures specified in paragraph (h) of 
this AD. We have not changed this AD in this regard.

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-SB570029-00, 
Issue 001, dated February 23, 2016. The service information describes 
procedures for doing an inspection for missing sealant in the seam on 
the outside and inside of the engine struts, and installing missing 
sealant. 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 32 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........................  3 work-hours x $85 per                 $0             $255           $8,160
                                     hour = $255.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                  Action                                Labor cost                 Parts cost        product
----------------------------------------------------------------------------------------------------------------
Repair....................................  Up to 3 work-hours x $85 per hour            (\1\)            (\1\)
                                             = $255.
----------------------------------------------------------------------------------------------------------------
\1\ We have received no definitive data that will enable us to provide cost estimates for the on-condition
  material costs specified in this AD.

    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all available costs in our 
cost estimate.

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):

2017-10-16 The Boeing Company: Amendment 39-18890; Docket No. FAA-
2016-9075; Directorate Identifier 2016-NM-082-AD.

(a) Effective Date

    This AD is effective June 29, 2017.

[[Page 24022]]

(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-SB570029-00, Issue 001, dated 
February 23, 2016.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a report indicating that a portion of 
the sealant above the engine pylon between the wing skin and the 
vapor barrier might have been omitted. We are issuing this AD to 
detect and correct missing sealant above the engine pylon between 
the wing skin and the vapor barrier, which can create an unintended 
leak path for fuel, potentially draining onto the aft fairing heat 
shield and onto hot engine parts or brakes, which could lead to a 
major ground fire.

(f) Compliance

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

(g) Inspection and Corrective Actions

    Within 60 months after the effective date of this AD: Do a 
general visual inspection for missing sealant in the seam on the 
outside and inside of the engine struts, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin B787-
81205-SB570029-00, Issue 001, dated February 23, 2016. Do all 
applicable corrective actions before further flight, in accordance 
with the Accomplishment Instructions of Boeing Alert Service 
Bulletin B787-81205-SB570029-00, Issue 001, dated February 23, 2016.

(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, 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, 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 sub-step is labeled ``RC Exempt,'' then 
the RC requirement is removed from that step or sub-step. 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 David Lee, Aerospace 
Engineer, Propulsion Branch, ANM-140S, Seattle ACO, FAA, 1601 Lind 
Avenue SW., Renton, WA 98057-3356; phone: 425-917-6501; 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-SB570029-00, Issue 
001, dated February 23, 2016.
    (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 
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 May 8, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-10283 Filed 5-24-17; 8:45 am]
BILLING CODE 4910-13-P