[Federal Register Volume 84, Number 198 (Friday, October 11, 2019)]
[Rules and Regulations]
[Pages 54765-54773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22390]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 84, No. 198 / Friday, October 11, 2019 /
Rules and Regulations
[[Page 54765]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0715; Product Identifier 2019-NM-151-AD; Amendment
39-19760; AD 2019-20-07]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting an airworthiness directive (AD) for all
The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. This AD
requires repetitive operational checks of the leading edge (LE)
outboard (OB) slats and applicable on-condition actions. This AD also
requires revising the airplane flight manual (AFM) to prohibit flap
retraction under icing conditions and revising the existing maintenance
or inspection program, as applicable, to incorporate a new operation
check. This AD was prompted by a determination that the LE OB slat
system could be out of position without flight deck annunciation. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective October 11, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 11,
2019.
The FAA must receive comments on this AD by November 25, 2019.
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 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, 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-2019-0715.
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-2019-
0715; 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 street address for Docket
Operations is listed above. 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, 2200 South
216th St., Des Moines, WA 98198; phone and fax: 206-231-3546; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The FAA has received a report indicating that five LE OB slat
geared rotary actuators (GRA) failed during taxi, causing the
associated slats to be out of the commanded position with flight deck
annunciation. However, a subsequent review of the Boeing Model 787 high
lift system identified a potential condition in which the LE OB slat
system could be out of position without flight deck annunciation. This
condition, if not addressed, could result in insufficient lift,
resulting in inability to maintain continued safe flight and landing.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Requirements Bulletin B787-81205-
SB270051-00 RB, Issue 001, dated July 5, 2019. This service information
describes procedures for repetitive operational checks of the LE OB
slats and applicable on-condition actions. On-condition actions include
making sure fault messages are cleared (using fault isolation manual
(FIM) procedures), making sure LE OB slats extend and fully retract,
and operational checks of the LE OB slats in primary, secondary, and
alternate modes. 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
The FAA is issuing this AD because the agency evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.
AD Requirements
This AD requires accomplishment of the actions identified in Boeing
Alert Requirements Bulletin B787-81205-SB270051-00 RB, Issue 001, dated
July 5, 2019, described previously, except for any differences
identified as exceptions in the regulatory text of this AD. This AD
also requires revising the AFM to prohibit flap retraction under icing
conditions and revising the existing maintenance or inspection program,
as applicable, to incorporate a new operation check.
For information on the procedures and compliance times, see Boeing
Alert Requirements Bulletin B787-81205-SB270051-00 RB, Issue 001, dated
July 5, 2019, at http://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0715.
Explanation of Requirements Bulletin
The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation
[[Page 54766]]
Rulemaking Committee (AD ARC), to enhance the AD system. One
enhancement is a process for annotating which steps in the service
information are ``required for compliance'' (RC) with an AD. Boeing has
implemented this RC concept into Boeing service bulletins.
In an effort to further improve the quality of ADs and AD-related
Boeing service information, a joint process improvement initiative was
worked between the FAA and Boeing. The initiative resulted in the
development of a new process in which the service information more
clearly identifies the actions needed to address the unsafe condition
in the ``Accomplishment Instructions.'' The new process results in a
Boeing Requirements Bulletin, which contains only the actions needed to
address the unsafe condition (i.e., only the RC actions).
Interim Action
The manufacturer is currently developing a modification that will
address the unsafe condition identified in this AD. Once this
modification is developed, approved, and available, the FAA might
consider additional rulemaking.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without seeking comment prior to the
rulemaking. Similarly, Section 553(d) of the APA authorizes agencies to
make rules effective in less than thirty days, upon a finding of good
cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because of a potential condition in which the LE OB slat system could
be out of position without flight deck annunciation. This condition, if
not addressed, could result in insufficient lift, resulting in
inability to maintain continued safe flight and landing. The compliance
time for the required action is shorter than the time necessary for the
public to comment and for publication of the final rule.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B). In addition, for the reasons stated above, the FAA finds
that good cause exists pursuant to 5 U.S.C. 553(d) for making this
amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, the FAA invites you to send any written data, views,
or arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2019-
0715 and Product Identifier 2019-NM-151-AD at the beginning of your
comments. The FAA specifically invites comments on the overall
regulatory, economic, environmental, and energy aspects of this final
rule. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments.
The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this final rule.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 118 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions *
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Repetitive operational checks.... 8 work-hours x $85 $0 $680 per $80,240 per
per hour = $680 operational check. operational check.
per operational
check.
AFM revision..................... 1 work-hour x $85 0 $85................ $10,030.
per hour = $85.
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* Table does not include estimated costs for revising the existing maintenance or inspection program.
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although this number may vary from operator to operator. In the past,
the FAA has estimated that this action takes 1 work-hour per airplane.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
FAA estimates the total cost per operator to be $7,650 (90 work-hours x
$85 per work-hour).
The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition actions specified
in this AD.
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.
The FAA is 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
[[Page 54767]]
delegated the authority to issue ADs applicable to transport category
airplanes and associated appliances 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, and
(2) Will not affect intrastate aviation in Alaska.
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):
2019-20-07 The Boeing Company: Amendment 39-19760; Docket No. FAA-
2019-0715; Product Identifier 2019-NM-151-AD.
(a) Effective Date
This AD is effective October 11, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 787-8, 787-9,
and 787-10 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 a determination that the leading edge
(LE) outboard (OB) slat system could be out of position without
flight deck annunciation. The FAA is issuing this AD to address a
potential condition in which the LE OB slat system could be out of
position without flight deck annunciation. This condition, if not
addressed, could result in insufficient lift, resulting in inability
to maintain continued safe flight and landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin B787-81205-SB270051-00 RB, Issue 001,
dated July 5, 2019, do all applicable actions identified in, and in
accordance with, the Accomplishment Instructions of Boeing Alert
Requirements Bulletin B787-81205-SB270051-00 RB, Issue 001, dated
July 5, 2019.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
B787-81205-SB270051-00, Issue 001, dated July 5, 2019, which is
referred to in Boeing Alert Requirements Bulletin B787-81205-
SB270051-00 RB, Issue 001, dated July 5, 2019.
(h) Exception to Service Information Specifications
For purposes of determining compliance with the requirements of
this AD: Where Boeing Alert Requirements Bulletin B787-81205-
SB270051-00 RB, Issue 001, dated July 5, 2019, uses the phrase ``the
Issue 001 date of Requirements Bulletin B787-81205-SB270051-00 RB,''
this AD requires using ``the effective date of this AD.''
(i) Airplane Flight Manual (AFM) Revision To Prohibit Flap Retraction
Under Icing Conditions
Within 60 days after the effective date of this AD, revise the
Limitations Section of the existing AFM to include the information
in figure 1 to paragraph (i) of this AD. This may be done by
inserting a copy of figure 1 to paragraph (i) of this AD into the
Limitations Section of the existing AFM.
[GRAPHIC] [TIFF OMITTED] TR11OC19.003
(j) Maintenance or Inspection Program Revision To Incorporate a New
Operation Check
Within 60 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in figure 2 to paragraph (j)
of this AD. This may be done by inserting a copy of figure 2 to
paragraph (j) of this AD into the existing maintenance or inspection
program.
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[GRAPHIC] [TIFF OMITTED] TR11OC19.005
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[GRAPHIC] [TIFF OMITTED] TR11OC19.008
(k) No Alternative Actions or Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions or intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (l) of this AD.
(l) 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 (m) 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,
[[Page 54773]]
modification, or alteration required by this AD if it is approved by
The Boeing Company Organization Designation Authorization (ODA) that
has been authorized by the Manager, Seattle ACO Branch, FAA, 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.
(m) Related Information
For more information about this AD, contact Kelly McGuckin,
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax:
206-231-3546; email: [email protected].
(n) 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 Requirements Bulletin B787-81205-SB270051-00
RB, Issue 001, dated July 5, 2019.
(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
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, email [email protected], or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on October 7, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-22390 Filed 10-10-19; 8:45 am]
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