[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Rules and Regulations]
[Pages 16188-16191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07629]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0553; Product Identifier 2016-NM-208-AD; Amendment 
39-19250; AD 2018-07-19]
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 all The 
Boeing Company Model 787-8 and 787-9 airplanes. This AD was prompted by 
a report that the parking brake and alternate pitch trim module (PBM) 
may unintentionally disengage. This AD requires replacing the PBM and 
doing a PBM installation test. We are issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective May 21, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 21, 
2018.

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 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 http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0553.

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-
0553; 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 Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3547; 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 all The Boeing Company 
Model 787-8 and 787-9 airplanes. The NPRM published in the Federal 
Register on June 12, 2017 (82 FR 26872). The NPRM was prompted by a 
report that the PBM may unintentionally disengage, fail to set, fail to 
release, or become jammed. The NPRM proposed to require replacing the 
PBM and doing a PBM installation test.
    We are issuing this AD to prevent an unintended parking brake 
release, which could result in damage to the airplane and be a hazard 
to persons or property on the ground.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comments received on the 
NPRM and the FAA's response to each comment. United Airlines supported 
the NPRM.

Request To Revise the Unsafe Condition

    Boeing requested that information not related to the unsafe 
condition be removed. Boeing stated that the AD should specifically 
address the unintended release of the parking brake module. Boeing also 
stated that the additional information describes a reliability 
improvement that is not related to the unsafe condition of unintended 
parking brake release.
    We agree with the commenter's request to revise the description of 
the unsafe condition accordingly, for the reasons provided.

Request To Revise the Applicability

    All Nippon Airways (ANA) requested that no action be required for 
airplanes with an original certificate of airworthiness or original 
export certificate of airworthiness issued after the effective date of 
the AD. ANA commented that the applicability in the proposed AD would 
apply to all The Boeing Company Model 787-8 and 787-9 airplanes. ANA 
stated that paragraph (g) of the proposed AD is only for airplanes on 
which the original certificate of airworthiness or the original export 
certificate of airworthiness was issued on or before the effective date 
of the AD. ANA also stated that the action that would be required for 
airplanes on which the original certificate of airworthiness or the 
original export certificate of airworthiness will be issued after the 
effective date of this AD is uncertain.
    ANA stated that it has already prohibited installation of PBM part 
number (P/N) 4260-0037-3 and -4 on any airplane. ANA also stated that 
PBM P/N 4260-0037-5 is installed on the airplanes on which the original 
certificate of airworthiness or the original export certificate of

[[Page 16189]]

airworthiness will be issued after the effective date of this AD. ANA 
commented that therefore, it believes that no action is necessary for 
airplanes on which the original certificate of airworthiness or the 
original export certificate of airworthiness will be issued after the 
effective date of this AD if installation of PBM P/N 4260-0037-3 and -4 
is already prohibited before the effective date of this AD.
    We disagree with the commenter's request. We have determined that 
the affected parts are rotable parts such that these parts could later 
be installed on airplanes that were initially delivered with acceptable 
parts, thereby subjecting those airplanes to the unsafe condition. 
Therefore, all The Boeing Company Model 787-8 and 787-9 airplanes are 
subject to the requirements in paragraph (h) of this AD. We do concur 
with the commenter that paragraph (g) of this AD only applies to an 
airplane with a certificate of airworthiness or an original export 
certificate of airworthiness issued on or before the effective date of 
this AD. We have not revised the AD in this regard.

Request To Revise the Compliance Time

    The Air Line Pilots Association, International (ALPA) requested 
that the compliance time in the proposed AD be revised. ALPA stated 
that the compliance time of 60 months has been provided for both 
inspection and replacement of the affected parts. ALPA commented that 
the 60 months for inspection and corrective action is excessive. ALPA 
also stated that due to the unobtrusive nature of the inspection for 
the affected parts, the compliance time for the inspection should be 
re-evaluated and reduced to less than that of the compliance time for 
the corrective action.
    We disagree with the commenter's request. The compliance time in 
this AD is based on FAA analysis of safety risk factors including 
consideration of the rulemaking time, as well as the time required to 
rework each PBM to the part number 4260-0037-5 configuration. We have 
not revised this AD in this regard.

Request To Revise ``In Accordance With'' Language in the Service 
Information

    American Airlines (AAL) requested that the ``in accordance with'' 
language in Boeing Service Bulletin B787-81205-SB320028-00, Issue 001, 
dated October 31, 2016, be revised. AAL stated that where the service 
information proposes accomplishing the actions ``in accordance with'' 
the airplane maintenance manual (AMM), ``refer to'' should be used 
instead so that compliance with paragraph (g)(2) of the proposed AD can 
be properly attained. AAL also stated that paragraph (g)(1) of the 
proposed AD does not require verification that the PBM was installed 
and the installation tested ``in accordance with'' 787 AMM 32-44-01.
    We agree with the commenter. We agree that the wording in Boeing 
Service Bulletin B787-81205-SB320028-00, Issue 001, dated October 31, 
2016, should specify ``refer to'' instead of ``in accordance with'' 
because it allows operators additional flexibility. For clarification, 
we have revised paragraph (g)(2) of this AD to state: Where Boeing 
Service Bulletin B787-81205-SB320028-00, Issue 001, dated October 31, 
2016, specifies accomplishing an action ``in accordance with 787 AMM 
32-44-01,'' for this AD ``refer to 787 AMM 32-44-01'' for that action. 
Because the corrective action is specified in the AMM and the AMM is no 
longer required by ``in accordance with'' text, we have removed the 
references to ``applicable corrective actions'' from the first two 
sentences of paragraph (g)(2) of this AD and added a new corrective 
action statement in paragraph (g)(2) of this AD.

Request To Delete or Modify a Contradictory Sentence

    ANA requested that we delete or modify a contradictory sentence in 
the proposed AD. ANA stated that according to paragraph (g) of the 
proposed AD, if the PBM is Rockwell Collins P/N 4260-0037-3 or -4, ANA 
has to install PBM P/N 4260-0037-5 within 60 months after the effective 
date of this AD, and in the last sentence of the paragraph, it says to 
do all applicable corrective actions ``before further flight.'' ANA 
stated that the two sentences are contradictory and that it is too hard 
to do all applicable corrective actions before further flight. ANA also 
commented that installing PBM P/N 4260-0037-5 ``within 60 months'' is 
acceptable.
    We agree to clarify the compliance time language. Paragraph (g)(2) 
of this AD requires installing the PBM, doing the installation test, 
and doing applicable corrective actions. Operators have the entire 
compliance time of ``within 60 months after the effective date of this 
AD'' to accomplish the PBM installation and the installation test. 
However, if the test fails, all applicable corrective actions must be 
done before further flight after the test. As stated previously, we 
have revised the corrective action statement in paragraph (g)(2) of 
this AD to clarify the requirements.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule with the changes described previously and 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.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Service Bulletin B787-81205-SB320028-00, Issue 
001, dated October 31, 2016. The service information describes 
procedures for replacing the PBM and doing a PBM installation test. 
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 68 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                                     Estimated Costs
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                Action                           Labor cost             Parts cost            Cost per product               Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection...........................  1 work-hour x $85 per hour =               $0  Up to $85.......................  Up to $5,780.
                                        $85.

[[Page 16190]]

 
PBM replacement and test.............  4 work-hours x $85 per hour =          $9,655  $9,995..........................  $679,660.
                                        $340.
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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.
    This 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

    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):

2018-07-19 The Boeing Company: Amendment 39-19250; Docket No. FAA-
2017-0553; Product Identifier 2016-NM-208-AD.

(a) Effective Date

    This AD is effective May 21, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 787-8 and 787-9 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 32; Landing 
gear.

(e) Unsafe Condition

    This AD was prompted by a report that the parking brake and 
alternate pitch trim module (PBM) may unintentionally disengage. We 
are issuing this AD to prevent an unintended parking brake release, 
which could result in damage to the airplane and be a hazard to 
persons or property on the ground.

(f) Compliance

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

(g) Inspection and Replacement

    For airplanes on which the original airworthiness certificate or 
the original export certificate of airworthiness was issued on or 
before the effective date of this AD: Within 60 months after the 
effective date of this AD, inspect the PBM to determine the part 
number. A review of airplane maintenance or delivery records is 
acceptable in lieu of the inspection if the part number of the PBM 
can be conclusively determined from that review.
    (1) If the PBM is Rockwell Collins part number (P/N) 4260-0037-
5: No further action is required by this paragraph.
    (2) If the PBM is Rockwell Collins P/N 4260-0037-3 or -4: Within 
60 months after the effective date of this AD, install PBM P/N 4260-
0037-5 and do the PBM installation test, in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin B787-81205-
SB320028-00, Issue 001, dated October 31, 2016. Where Boeing Service 
Bulletin B787-81205-SB320028-00, Issue 001, dated October 31, 2016, 
specifies accomplishing an action ``in accordance with 787 AMM 32-
44-01,'' for this AD ``refer to 787 AMM 32-44-01'' for that action. 
If the installation test fails, before further flight, do all 
applicable corrective actions and repeat the test until the test is 
passed.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install, on 
any airplane, a PBM having Rockwell Collins P/N 4260-0037-3 or -4.

(i) 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 ACO, send it to the attention of the person 
identified in paragraph (j) 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

[[Page 16191]]

paragraphs (i)(4)(i) and (i)(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.

(j) Related Information

    For more information about this AD, contact Sean Schauer, 
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 
206-231-3547; email: [email protected].

 (k) 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-SB320028-00, Issue 001, 
dated October 31, 2016.
    (ii) Reserved.
    (3) For Boeing 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 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (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 Des Moines, Washington, on March 30, 2018.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-07629 Filed 4-13-18; 8:45 am]
 BILLING CODE 4910-13-P