[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Proposed Rules]
[Pages 1198-1201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00107]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / 
Proposed Rules  

[[Page 1198]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1241; Product Identifier 2017-NM-117-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
The Boeing Company Model 787 series airplanes. This proposed AD was 
prompted by reports of hydraulic leakage caused by damage to aileron 
and elevator actuators from lightning strikes. This proposed AD would 
require a records check to inspect for certain parts, a detailed 
inspection of aileron and elevator power control units (PCUs), and 
applicable on-condition actions. We are proposing this AD to address 
the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by February 26, 
2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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 
Standards Branch, 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-2017-1241.

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-2017-
1241; 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 NPRM, the regulatory evaluation, any comments received, 
and other information. The street address for the Docket Office (phone: 
800-647-5527) is in the ADDRESSES section. Comments will be available 
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kelly McGuckin, Aerospace Engineer, 
Systems and Equipment Section, FAA, Seattle ACO Branch, 1601 Lind 
Avenue SW, Renton, WA 98057-3356; phone: 425-917-6490; fax: 425-917-
6590; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2017-1241; 
Product Identifier 2017-NM-117-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM because 
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We have received reports indicating that inadequate electrical 
connection between control surface, wing, and empennage structures 
caused excessive lightning energy to pass through the aileron and 
elevator actuators resulting in damage and excessive leakage of 
hydraulic fluid. The hydraulic fluid leakage, although small, affects 
the internal aileron and elevator actuator fluid holding capability 
needed following an unrelated hydraulic system failure since the 
internal fluid holding capability was not sized to account for the 
unanticipated damage from a lightning strike. Hydraulic leakage in 
aileron and elevator PCUs, when coupled with an independent subsequent 
loss of two hydraulic systems could result in an inability to maintain 
aileron or elevator actuator stiffness and lead to potentially damaging 
airplane control surface oscillations.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin B787-81205-SB270037-00, 
Issue 002, dated July 19, 2017. The service information describes 
procedures for a records check to inspect for certain parts, detailed 
inspections for external leakage of the aileron and elevator PCUs, 
reporting of PCUs with discrepant excessive leakage, and replacement if 
necessary. 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.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of this same type design.

Proposed AD Requirements

    This proposed AD would require accomplishment of the actions 
identified as ``RC'' (required for compliance) in the Accomplishment 
Instructions of Boeing Alert Service Bulletin B787-81205-SB270037-00, 
Issue 002, dated July 19, 2017, described

[[Page 1199]]

previously, except as discussed under ``Difference Between Proposed AD 
and Service Information,'' and except for any differences identified as 
exceptions in the regulatory text of this proposed AD.
    For information on the procedures and compliance times, see this 
service information at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2017-1241.

Differences Between Proposed AD and the Service Information

    The effectivity of Boeing Alert Service Bulletin B787-81205-
SB270037-00, Issue 002, dated July 19, 2017, is limited to Model 787-8 
and 787-9 airplanes with certain line numbers. However, the 
applicability of this proposed AD includes all Boeing Model 787 series 
airplanes, because the affected PCUs are rotable parts. We have 
determined that these parts could later be installed on airplanes that 
were initially delivered with acceptable PCUs, thereby subjecting those 
airplanes to the unsafe condition. Appendixes C and D of Boeing Alert 
Service Bulletin B787-81205-SB270037-00, Issue 002, dated July 19, 
2017, list the affected PCUs and acceptable spares interchangeability. 
Any 787 series airplane that has an affected PCU installed must be 
inspected in accordance with Boeing Alert Service Bulletin B787-81205-
SB270037-00, Issue 002, dated July 19, 2017.
    Boeing Alert Service Bulletin B787-81205-SB270037-00, Issue 002, 
dated July 19, 2017, does not provide relief from the repetitive 
inspections if an unaffected PCU is installed after the initial 
inspections are completed. Paragraph (h) of this proposed AD would 
terminate the inspection requirements when no affected PCU is 
installed.
    Boeing Alert Service Bulletin B787-81205-SB270037-00, Issue 002, 
dated July 19, 2017, incorrectly identifies the part number (P/N) for 
an elevator PCU in four different places as P/N CA9953-004. Paragraph 
(k)(2) of this proposed AD corrects the elevator PCU part number to P/N 
CA69953-004.
    Boeing Service Bulletin B787-81205-SB270037-00, Issue 002, dated 
July 19, 2017, provides additional actions for any leakage measured 
during the detailed inspection of the aileron PCU or elevator PCU that 
is more than 6 drops (or 9 drops, depending on the inspection) and less 
than 40 drops, or that is more than 40 drops, but not that is exactly 
40 drops. Paragraph (k)(3) of this proposed AD would require additional 
actions for findings of more than 6 (or 9) drops and 40 drops or less.
    These differences have been coordinated with Boeing.

Interim Action

    We consider this proposed AD interim action. The manufacturer is 
currently developing a modification that will address the unsafe 
condition identified in this proposed AD. Once this modification is 
developed, approved, and available, we might consider additional 
rulemaking.

Costs of Compliance

    We estimate that this proposed AD affects 82 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspections......................  Up to 20 work-hours              $0  Up to $1,700 per     Up to $139,400 per
                                    x $85 per hour =                     inspection cycle.    inspection cycle.
                                    $1,700 per
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary reporting that 
would be required. We have no way of determining the number of aircraft 
that might need these reports:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
               Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85........              $0             $85
------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the records reviews or certain on-condition actions 
specified in this proposed AD.
    According to the manufacturer, some or all of the costs of this 
proposed 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 costs in our 
cost estimate.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to the FAA 
at 800 Independence Ave. SW, Washington, DC 20591. ATTN: Information 
Collection Clearance Officer, AES-200.

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:

[[Page 1200]]

``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 proposed 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 to the Director of the System Oversight 
Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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):

The Boeing Company: Docket No. FAA-2017-1241; Product Identifier 
2017-NM-117-AD.

(a) Comments Due Date

    We must receive comments by February 26, 2018.

(b) Affected ADs

    None.

(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 reports of hydraulic leakage caused by 
damage to aileron and elevator actuators from lightning strikes. We 
are issuing this AD to detect and correct hydraulic leakage in 
aileron and elevator power control units (PCUs), which, when coupled 
with an independent subsequent loss of two hydraulic systems, could 
result in an inability to maintain aileron or elevator actuator 
stiffness and lead to potentially damaging airplane control surface 
oscillations.

(f) Compliance

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

(g) Required Actions

    Except as required by paragraph (k) of this AD: For airplanes 
with an original airworthiness certificate or original export 
certificate of airworthiness issued on or before the effective date 
of this AD, at the applicable times specified in paragraph 5, 
``Compliance,'' of Boeing Alert Service Bulletin B787-81205-
SB270037-00, Issue 002, dated July 19, 2017, do all applicable 
actions identified as ``RC'' (required for compliance) in, and in 
accordance with, the Accomplishment Instructions of Boeing Alert 
Service Bulletin B787-81205-SB270037-00, Issue 002, dated July 19, 
2017.

(h) Terminating Action

    Removal of all affected PCUs terminates the requirements of 
paragraph (g) of this AD until an affected PCU is installed.

(i) Reporting

    At the applicable time specified in paragraph (i)(1) or (i)(2) 
of this AD, submit a report of discrepant findings in accordance 
with the Accomplishment Instructions of Boeing Alert Service 
Bulletin B787-81205-SB270037-00, Issue 002, dated July 19, 2017.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

(j) Parts Installation Limitation

    For all Model 787 series airplanes: As of the effective date of 
this AD, an affected PCU may be installed provided the conditions 
specified in paragraphs (j)(1), (j)(2), and (j)(3) of this AD are 
met.
    (1) The PCU is inspected as specified in paragraph (g) of this 
AD after installation and before further flight, and thereafter at 
the intervals specified in paragraph (g) of this AD.
    (2) All applicable corrective actions are done, and at the 
applicable times, as specified in paragraph (g) of this AD.
    (3) A report is submitted as specified in paragraph (i) of this 
AD.

(k) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements 
of this AD, the phrase ``the effective date of this AD'' may be 
substituted for ``the original issue date of this service 
bulletin,'' as specified in Boeing Alert Service Bulletin B787-
81205-SB270037-00, Issue 002, dated July 19, 2017.
    (2) Where the Accomplishment Instructions of Boeing Service 
Bulletin B787-81205-SB270037-00, Issue 002, dated July 19, 2017, 
refer to elevator PCU part number (P/N) ``CA9953-004,'' the correct 
part number is ``CA69953-004.''
    (3) Where the Accomplishment Instructions of Boeing Service 
Bulletin B787-81205-SB270037-00, Issue 002, dated July 19, 2017, 
refer to findings ``less than 40 drops,'' this AD requires 
applicable actions if the findings are ``40 drops or less.''

(l) Credit for Previous Actions

    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-SB270037-00, Issue 001, dated September 27, 2016.

(m) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction Act unless that 
collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW, Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

[[Page 1201]]

(n) 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 (n)(1) 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 Branch, 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 RC, the provisions of paragraphs (n)(4)(i) and (n)(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.

(o) Related Information

    (1) For more information about this AD, contact Kelly McGuckin, 
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO 
Branch, 1601 Lind Avenue SW, Renton, WA 98057-3356; phone: 425-917-
6490; fax: 425-917-6590; email: [email protected].
    (2) 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. You may view this referenced service 
information at the FAA, Transport Standards Branch, 1601 Lind Avenue 
SW, Renton, WA. For information on the availability of this material 
at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on December 26, 2017.
John P. Piccola, Jr.,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-00107 Filed 1-9-18; 8:45 am]
BILLING CODE 4910-13-P