[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
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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 *
----------------------------------------------------------------------------------------------------------------
                                                                                                 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.
----------------------------------------------------------------------------------------------------------------
* 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] TR11OC19.008

(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]
 BILLING CODE 4910-13-P