[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Rules and Regulations]
[Pages 33785-33787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15121]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9516; Directorate Identifier 2016-NM-053-AD; 
Amendment 39-18964; AD 2017-15-04]
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 adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 787-8 and 787-9 airplanes. This AD was 
prompted by wire harness chafing on the electro-mechanical actuators 
(EMAs) for certain spoilers due to insufficient separation with 
adjacent structure. This AD requires replacement of affected EMAs. We 
are issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective August 25, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 25, 
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 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-
9516.

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-
9516; 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 final rule, 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: Sean Schauer, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6479; 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 December 28, 2016 (81 FR 95536) (``the NPRM''). The NPRM 
was prompted by wire harness chafing on the EMAs for certain spoilers 
due to insufficient separation with adjacent structure. The NPRM 
proposed to require replacement of affected EMAs. We are issuing this 
AD to prevent 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

    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 indicated its support for the intent of the NPRM.

Request To Reduce Compliance Time

    The Air Line Pilots Association, International, (ALPA), supported 
the intent of the NPRM but asked that the compliance time in the 
proposed AD be reduced from 40 to 20 months. The commenter stated that 
the NPRM's 40-month compliance time, combined with the release date of 
Boeing Service Bulletin B787-81205-SB270030-00, Issue 001, dated 
October 22, 2015, would provide operators in excess of 56

[[Page 33786]]

months to comply. ALPA stated that it believes that operators have had 
sufficient time to schedule the proposed maintenance procedures, and 
recommended the shorter compliance time, which would provide an overall 
timeframe of 36 months from the release date of Boeing Service Bulletin 
B787-81205-SB270030-00, Issue 001, dated October 22, 2015, to resolve 
the issue.
    We do not agree with the commenter's request to reduce the 
compliance time. In developing an appropriate compliance time for this 
action, we considered the safety implications, parts availability, and 
normal maintenance schedules for timely accomplishment of replacement 
of the EMAs. Further, we arrived at the proposed compliance time with 
the manufacturer's concurrence. In consideration of all of these 
factors, we determined that the compliance time, as proposed, 
represents an appropriate interval in which the EMA can be replaced in 
a timely manner within the fleet, while still maintaining an adequate 
level of safety. Most ADs, including this one, permit operators to 
accomplish the requirements of an AD at a time earlier than the 
specified compliance time; therefore, an operator may choose to replace 
the EMA at any time within the 40-month compliance time. If additional 
data are presented that would justify a shorter compliance time, we may 
consider further rulemaking on this issue. We have not changed the AD 
in this regard.

Request To Extend Compliance Time

    United Airlines (UA) asked that the compliance time in the proposed 
AD be extended. UA stated that considering the extensive ground time 
required for implementing the corrective action, additional time is 
necessary.
    We do not agree with the commenter's request to extend the 
compliance time. UA did not suggest an alternative compliance time. In 
developing an appropriate compliance time for this action, we 
considered the safety implications, parts availability, and normal 
maintenance schedules for the timely accomplishment of the replacement. 
In consideration of these items, we have determined that a 40-month 
compliance time will ensure an acceptable level of safety and allow the 
replacements to be done during scheduled maintenance intervals for most 
affected operators. We have not changed the 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 Service Bulletin B787-81205-SB270030-00, Issue 
001, dated October 22, 2015. The service information describes 
procedures for replacing affected EMAs with new EMAs. 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 19 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
----------------------------------------------------------------------------------------------------------------
EMA replacement.....................  32 work-hours x $85 per             \1\ $0          $2,720         $51,680
                                       hour = $2,720 per EMA
                                       replacement.
----------------------------------------------------------------------------------------------------------------
\1\ 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.
    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):

2017-15-04 The Boeing Company: Amendment 39-18964; Docket No.

[[Page 33787]]

FAA-2016-9516; Directorate Identifier 2016-NM-053-AD.

(a) Effective Date

    This AD is effective August 25, 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 
Service Bulletin B787-81205-SB270030-00, Issue 001, dated October 
22, 2015.

(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. We are issuing this AD to 
prevent 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) EMA Replacement

    Within 40 months after the effective date of this AD, 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.

(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 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 Sean Schauer, 
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, 
Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 
425-917-6479; 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 Service Bulletin B787-81205-SB270030-00, Issue 001, 
dated October 22, 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.
    (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 July 12, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-15121 Filed 7-20-17; 8:45 am]
 BILLING CODE 4910-13-P