[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Rules and Regulations]
[Pages 17944-17950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08536]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1241; Product Identifier 2017-NM-117-AD; Amendment 
39-19611; AD 2019-06-13]
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 series airplanes. This AD was prompted by 
reports of hydraulic leakage caused by damage to aileron and elevator 
actuators from lightning strikes. This AD requires an inspection or 
records check to inspect for certain parts, detailed inspections of 
aileron and elevator power control units (PCUs), and applicable on-
condition actions. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective June 3, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 3, 
2019.

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 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-
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 Docket Operations 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 Docket Operations (phone: 800-647-
5527) is 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: 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

    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 series airplanes. The NPRM published in the Federal Register 
on January 10, 2018 (83 FR 1198). The NPRM was prompted by reports of 
hydraulic leakage caused by damage to aileron and elevator actuators 
from

[[Page 17945]]

lightning strikes. The NPRM proposed to require a records check to 
inspect for certain parts, a detailed inspection of aileron and 
elevator PCUs, and applicable on-condition actions.
    We are issuing this AD to address hydraulic leakage in aileron and 
elevator 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 airplane control 
surface oscillations, which could damage the control surfaces and cause 
reduced controllability of the airplane.

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.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) and commenter 
Leif Miller indicated their support for the NPRM.

Request To Reference Later Revisions of Service Information

    Oman Air requested that the proposed AD be revised to allow actions 
in accordance with ``any later FAA-approved revision of'' the service 
information. The commenter noted that Boeing was considering issuing 
updated service information to incorporate differences between the 
service information and proposed AD.
    We agree to clarify. We may not refer to any document that does not 
yet exist. In general terms, we are required by Office of the Federal 
Register (OFR) regulations to either publish the service document 
contents as part of the actual AD language; or submit the service 
document to the OFR for approval as referenced material, in which case 
we may only refer to such material in the text of an AD. The AD may 
refer to the service document only if the OFR approved it for 
incorporation by reference. See 1 CFR part 51. To allow operators to 
use later revisions of the referenced document (issued after 
publication of the AD), either we must revise the AD to reference 
specific later revisions, or operators must request approval to use 
later revisions as an alternative method of compliance with this AD 
under the provisions of paragraph (n) of this AD.
    However, we note that Boeing has issued Boeing Alert Service 
Bulletin B787-81205-SB270037-00, Issue 003, dated December 3, 2018. 
This revised service information clarifies instructions and 
requirements, revises the effectivity to account for part rotability 
(which does not add airplanes to this AD, since we already included all 
The Boeing Company Model 787 series airplanes in our applicability), 
and corrects errors in certain part numbers. This new service 
information does not include any new actions. We have revised this AD 
to refer to Boeing Alert Service Bulletin B787-81205-SB270037-00, Issue 
003, dated December 3, 2018, and revised paragraph (l) of this AD to 
provide credit for actions performed using Boeing Alert Service 
Bulletin B787-81205-SB270037-00, Issue 002, dated July 19, 2017. We 
have also removed paragraphs (k)(2) and (k)(3) of the proposed AD, as 
the revised service information makes them unnecessary, and revised the 
language in paragraph (k)(1) of this AD based on the revised compliance 
language in the new service information.

Request To Clarify Records Check

    Oman Air, All Nippon Airways (ANA), and Xiamen Airlines requested 
that we clarify the instructions related to the records check specified 
in paragraph (g) of the proposed AD. The commenters noted that Boeing 
Alert Service Bulletin B787-81205-SB270037-00, Issue 002, dated July 
19, 2017, incorrectly lists the PCU remote electronics unit (REU) 
assembly part number, rather than the PCU part number. The commenters 
also noted that the part numbers of the PCU REU assembly are not 
available on the airplane readiness log part list (ARL). ANA added that 
the PCU REU assembly part number is written in ink and may no longer be 
legible after extended periods on the airplane.
    ANA and Xiamen Airlines added that the PCU part number cannot be 
determined easily when the part is on the airplane, due to limited 
clearance. ANA asked that the proposed AD be revised to allow using a 
borescope inspection (BSI) tool to determine the aileron PCU part 
number.
    Oman Air suggested the applicability of the proposed AD be revised 
to list only the airplanes having line numbers known to have been 
delivered with affected parts. Oman Air added that the 787 illustrated 
parts data (IPD) could be revised to prohibit the installation of the 
affected parts on airplanes that were not delivered with affected 
parts.
    We agree to clarify. As noted earlier, we have revised this AD to 
refer to Boeing Alert Service Bulletin B787-81205-SB270037-00, Issue 
003, dated December 3, 2018. This service information includes the 
affected PCU numbers and a note that allows the use of a BSI tool to 
determine the aileron and elevator PCU part numbers.
    We disagree with Oman Air's request to revise the applicability. 
The affected PCUs are rotable parts, and we have determined that these 
PCUs could later be installed on airplanes that were initially 
delivered with acceptable PCUs, thereby subjecting those airplanes to 
the unsafe condition. In addition, we do not control approval of the 
IPD and cannot require Boeing to update this document. We have not 
changed this AD regarding these issues.

Request To Extend the Compliance Time for Reporting

    ANA and United Airlines (UAL) requested that we extend the 
compliance time for reporting discrepant findings from 30 days to 60 
days. ANA noted that the work is outsourced to a maintenance shop, and 
it takes time to receive the results from that shop. UAL stated that 
the serial number of the discrepant PCU is most easily found when the 
PCU is removed from the airplane, which may take up to one month after 
a leakage rate discrepancy is found. As an alternative, UAL suggested 
that the 30-day compliance time for reporting could be counted from the 
day the discrepant part is removed, rather than the day of the leakage 
rate inspection.
    We agree with the commenters' requests to extend the compliance 
time for reporting for the reasons provided. We have revised paragraphs 
(i)(1) and (i)(2) of this AD to require reporting within 60 days, 
rather than 30 days.

Request To Clarify Reporting Requirement

    UAL requested that we clarify whether reporting is required for 
discrepant findings, if those findings were found during the 
accomplishment of Boeing Alert Service Bulletin B787-81205-SB270037-00, 
Issue 001, dated September 27, 2016 (paragraph (l) of the proposed AD 
allows credit for the actions specified in paragraph (g) of this AD if 
they were accomplished using Boeing Alert Service Bulletin B787-81205-
SB270037-00, Issue 001, dated September 27, 2016), which does not 
require reporting.
    We agree to clarify. As specified in paragraph (l) of the proposed 
AD, operators get credit for the actions specified in paragraph (g) of 
this AD, if those actions were done previously. Therefore, if an 
operator used Issue 001 of the service information (which does not 
include reporting), they would not be able to take credit for the 
reporting requirement as specified in paragraphs (g) and (i) of this 
AD. As noted by

[[Page 17946]]

paragraph (i)(2) of this AD, reporting of discrepant findings is 
required for inspections done before the effective date of this AD.
    We have moved the text from paragraph (l) of the proposed AD to 
paragraphs (l)(1) and (l)(2) of this AD. For clarity, we have also 
added text to paragraph (l)(1) of this AD to specify that reporting 
must still be done if Boeing Alert Service Bulletin B787-81205-
SB270037-00, Issue 001, dated September 27, 2016, was used.

Request To Clarify Whether Reporting Will Be Required in the Final Rule

    CCA/AMECO requested that we clarify whether we intend to include 
the reporting specified in the proposed AD as a requirement in this 
final rule.
    We agree to clarify. Paragraph (g) of this AD requires reporting, 
among other actions, and paragraph (i) of this AD specifies the 
compliance times for the reporting. As noted earlier, the compliance 
time for this reporting has been extended from 30 days to 60 days in 
this final rule.

Request To Define Discrepant Findings

    American Airlines (AAL) requested that we clarify paragraph (i) of 
the proposed AD to more clearly state what constitutes a ``discrepant'' 
finding that must be reported. AAL noted that the service information 
and proposed AD do not define ``discrepant'', and stated that this 
could lead to confusion regarding what needs to be reported.
    We agree to clarify. As noted earlier, we have revised this AD to 
refer to Boeing Alert Service Bulletin B787-81205-SB270037-00, Issue 
003, dated December 3, 2018, which specifies reporting based on various 
conditions. Those conditions are specified in the Accomplishment 
Instructions of Boeing Alert Service Bulletin B787-81205-SB270037-00, 
Issue 003, dated December 3, 2018, with actions stating to ``report all 
discrepant findings.'' We have not changed this AD regarding this 
issue.

Request To Allow Installation of Non-Affected PCUs

    ANA and AAL requested that the proposed AD be revised to allow the 
installation of a ``non-affected'' PCU. ANA noted that Boeing Alert 
Service Bulletin B787-81205-SB270037-00, Issue 002, dated July 19, 
2017, states to replace certain PCUs with a serviceable PCU, but does 
not allow installing non-affected PCUs having part number C99160-004. 
AAL added that installation of improved non-affected parts is not 
allowed by the proposed AD.
    We agree with the commenters' requests. As stated earlier, we have 
revised this final rule to refer to Boeing Alert Service Bulletin B787-
81205-SB270037-00, Issue 003, dated December 3, 2018; among other 
changes, this revision of the service information allows the 
installation of non-affected PCUs.

Request To Correct Certain Part Numbers

    ANA noted that the ``Spare Interchangeability'' column of Table 2 
in Appendix D of Boeing Alert Service Bulletin B787-81205-SB270037-00, 
Issue 002, dated July 19, 2017, states that it lists the elevator PCU 
part numbers, but it really lists the aileron PCU part numbers. We 
infer that the commenter is asking us to correct this information.
    We agree with the commenter's request. As stated earlier, we have 
revised this final rule to refer to Boeing Alert Service Bulletin B787-
81205-SB270037-00, Issue 003, dated December 3, 2018; among other 
changes, this revision of the service information corrects the 
specified part numbers.

Request To Clarify Leakage Levels for Different PCUs

    Boeing requested that we revise the fourth paragraph under 
``Differences Between Proposed AD and the Service Information'' of the 
proposed AD. Boeing asked that text stating ``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) . . .'' 
be revised to state ``any leakage measured during the detailed 
inspection that is more than 6 drops for the aileron PCU (or 9 drops 
for the elevator PCU).'' Boeing requested a similar language revision 
for the last sentence of that paragraph. Boeing stated that the 
language in the NPRM was not clear and could cause confusion regarding 
when repair or replacement is needed.
    We acknowledge the commenter's request and agree that the proposed 
language would provide clarity. However, the ``Differences Between 
Proposed AD and the Service Information'' paragraph is not carried over 
to this final rule. We note that the revised service information 
clearly identifies the conditions that require repair or replacement. 
We have not changed this AD in this regard.

Request To Clarify Hydraulic Fluid Leakage Levels Detected

    Boeing requested that we revise the Discussion sentence of the 
proposed AD to remove the word ``excessive'' when referring to 
hydraulic fluid leakage levels. Boeing noted that the reported in-
service events found only minor leakage, not excessive leakage. Boeing 
added that the actions in the proposed AD are intended to prevent 
excessive leakage.
    We acknowledge the commenter's request and agree that the proposed 
language would provide clarity. However, the sentence in question is 
not carried over to this final rule. We have not changed this final 
rule in this regard.

Request To Clarify Terminating Action

    Boeing requested that we revise paragraph (h) of the proposed AD to 
specify that removal ``and replacement'' of all affected PCUs ``with 
unaffected PCUs'' terminates the requirements of paragraph (g) of this 
AD until an affected PCU is installed, ``then the requirements of 
paragraph (g) are again required.'' Boeing suggested that revising the 
language to add the quoted text would help to clarify that replacement 
with an affected PCU would require operators to perform inspections and 
on-condition actions on that affected PCU.
    We agree to clarify. As the commenter noted, if an affected PCU is 
installed on an airplane, it is subject to inspections and on-condition 
actions. Paragraph (j) of this AD specifies the conditions under which 
an affected PCU may be installed on an airplane, including that the PCU 
is inspected and all applicable on-condition actions are done as 
specified in paragraph (g) of this AD, and discrepant findings are 
reported as required by paragraph (g) of this AD at the applicable 
times specified in paragraph (i) of this AD. We have revised paragraph 
(h) of this AD to clarify that once an affected part is installed on an 
airplane, the actions in paragraph (j) of this AD must be done on that 
airplane.

Request To Clarify Interim Action

    Boeing requested that we revise the Interim Action paragraph in the 
NPRM to say ``the manufacturer may develop a modification'' instead of 
``the manufacturer is currently developing a modification'' and ``if 
this modification is developed'' instead of ``when this modification is 
developed.'' Boeing noted that it is reviewing the potential for a 
modification that may be able to address the identified unsafe 
condition.
    We agree with the commenter for the reasons stated. We have revised 
the Interim Action paragraph of this final rule accordingly.

[[Page 17947]]

Request To Revise Applicability

    Boeing requested that we revise the applicability of our proposed 
AD from ``all The Boeing Company Model 787 series airplanes'' to ``all 
The Boeing Company Model 787-8 and 787-9 airplanes.'' Boeing stated 
that the approved type design allows installation of affected PCUs on 
only Model 787-8 and 787-9 airplanes, not on Model 787-10 airplanes.
    We disagree with the commenter's request. As noted in the proposed 
AD, the affected PCUs are rotable parts. Although they are not part of 
the approved type design, the affected PCUs could be physically 
installed on Model 787-10 airplanes. Therefore, we included these 
models in our applicability to ensure the unsafe condition is addressed 
if an affected PCU is installed on a Model 787-10 airplane. We have not 
changed this AD regarding this issue.

Request To Revise Certain Inspection Times

    Oman Air requested that paragraph (j)(1) of the proposed AD be 
revised to revise the requirement to inspect an affected PCU ``after 
installation and before further flight'' if the PCU is a repaired or 
overhauled unit coming from an authorized shop. Oman Air suggested that 
for units removed from airplanes in a serviceable condition, then 
reinstalled, the initial inspection for such PCUs be required within 
6,000 flight hours after the last inspection, rather than before 
further flight.
    We disagree with the commenter's request. Affected PCUs are subject 
to the unsafe condition described in this AD. The repair or overhaul 
may have been unrelated to the unsafe condition, so an inspection 
before further flight is necessary to ensure that a PCU with 
unacceptable levels of hydraulic leakage is not installed on an 
airplane affected by this AD. We have not changed this AD regarding 
this issue.

Request To Clarify Provisions of Parts Installation Limitations

    Oman Air requested that we provide clarification on paragraph (j) 
of the proposed AD. Oman Air asked if an affected but serviceable PCU 
is installed during unscheduled maintenance, would that PCU only need 
to be inspected and tested before further flight (rather than 
repetitively as specified in paragraph (g) of the proposed AD). The 
commenter noted that in order to determine which actions are applicable 
for a given airplane, an operator must know the part number and 
condition of both the replaced PCU and the other PCU on that surface 
(aileron or elevator). Oman Air noted that the inspection requirements 
and on-condition actions for the replacement PCU are conditional based 
on the leak test results of the other PCU on that surface.
    We agree to clarify. Paragraph (j) of this AD is intended to allow 
operators to install an affected PCU, provided it is inspected as 
required by paragraph (g) of this AD after installation and prior to 
flight. An affected PCU installed as specified in paragraph (j) of this 
AD is subject to the repetitive inspections and applicable on-condition 
actions required by paragraph (g) of this AD, and the reporting 
required by paragraph (g) of this AD that must be done at the 
applicable times specified in paragraph (i) of this AD. As the 
commenter noted, in order to comply with paragraph (g) of this AD, an 
operator must know the part number of both PCUs on a given surface, as 
well as the status of any applicable leakage tests on each PCU. We have 
clarified the language in the introductory text of paragraph (j) and in 
paragraphs (j)(1) and (j)(2) of this AD.

Request To Prohibit Installation of Affected PCUs

    AAL requested that we revise paragraph (j) of the proposed AD to 
not allow the installation of an affected PCU. AAL suggested that if 
installing a single affected PCU in combination with unaffected PCUs 
presents a significant enough unsafe condition to require repetitive 
inspections of the affected PCU, then we should prohibit the 
installation of affected PCUs.
    We disagree with the request. The provisions in paragraph (j) of 
this AD allowing the installation of affected PCUs, provided 
inspections and on-condition actions are done on the PCUs, are intended 
to provide flexibility to operators while ensuring an acceptable level 
of safety. A configuration with a mix of affected and unaffected PCUs 
is acceptable provided the actions in paragraphs (j)(1) and (j)(2) of 
this AD are done. The intent of this AD is to address the identified 
unsafe condition for PCUs subject to the noted hydraulic fluid leakage 
while those parts are used in service. We have not changed this AD 
regarding this issue.

Request To Allow Installation of One Unaffected PCU To Terminate 
Inspections

    AAL requested that we revise the proposed AD to allow the 
installation of one unaffected PCU on a control surface to terminate 
the inspections required by paragraph (g) of the proposed AD. AAL 
stated that it understands the unsafe condition happens only when both 
PCUs are leaking hydraulic fluid due to damage incurred by a lightning 
strike. AAL added that the improved, unaffected PCUs include measures 
to eliminate the lightning strike damage concern.
    We disagree with the commenter's request. This AD is considered 
interim action intended to address the unsafe condition. Allowing the 
installation of one unaffected PCU to terminate the repetitive 
inspections and on-condition actions on the affected PCU would not 
adequately address the unsafe condition. The actions required by this 
AD will remove the affected parts from service or mitigate the unsafe 
condition. If the manufacturer develops a modification that will 
address the unsafe condition identified in this AD, we might consider 
additional rulemaking. We have not changed this AD regarding this 
issue.

Request To Clarify Part Number Identification Technique

    ANA requested that we clarify whether certain methods of 
identifying affected part numbers are acceptable for compliance with 
the proposed AD. ANA noted that on its airplanes, the part number of 
the PCU is written in permanent marker and may not be legible after 
extensive time on the airplane. ANA noted that Boeing Alert Service 
Bulletin B787-81205-SB270037-00, Issue 003, dated December 3, 2018, 
states to inspect the elevator and aileron PCU part numbers in 
accordance with certain tasks. ANA added that related appendixes list 
both the PCU part numbers and the PCU assembly part numbers; the 
assembly part numbers are stamped on identification or mod plates, and 
can be easily found and read. ANA also noted that Boeing Alert Service 
Bulletin B787-81205-SB270037-00, Issue 003, dated December 3, 2018, 
added a note stating that a records review is acceptable for parts 
identification of the PCU part number, but the service information did 
not state whether the PCU assembly part number is an acceptable means 
of identifying affected parts. ANA asked if it is acceptable to use the 
PCU assembly part numbers for identification of affected parts, or if 
it would have to request an alternative method of compliance (AMOC) to 
do so. ANA also asked if using a records check to identify the PCU 
assembly part numbers would be allowed without obtaining an AMOC.
    We agree to clarify. The intent of Boeing Alert Service Bulletin 
B787-81205-SB270037-00, Issue 003, dated December 3, 2018, is to allow 
flexibility

[[Page 17948]]

in determining the PCU part numbers. We have added paragraph (k)(2) to 
this AD to specify that using the PCU assembly part number identified 
in the applicable Appendix of Boeing Alert Service Bulletin B787-81205-
SB270037-00, Issue 003, dated December 3, 2018, is acceptable to 
determine if the PCU is an affected part; the PCU or PCU assembly part 
number may be determined through an inspection or records check.

Request To Clarify Compliance Time

    CCA/AMECO requested that we provide clarification regarding the 
compliance time for the actions specified in paragraph (g) of the 
proposed AD. The commenter noted that it has several airplanes that 
have exceeded the initial compliance times noted in Boeing Alert 
Service Bulletin B787-81205-SB270037-00, Issue 003, dated December 3, 
2018.
    We agree to clarify. Paragraph (k)(1) of this AD provides relief to 
the compliance times in the service bulletin by allowing times to be 
counted from the effective date of this AD instead of from ``the Issue 
002 date of this service bulletin.''

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 addressing 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 Alert Service Bulletin B787-81205-SB270037-00, 
Issue 003, dated December 3, 2018. The service information describes 
procedures for an inspection or records check to inspect for certain 
parts, detailed inspections for external leakage of the aileron and 
elevator PCUs, reporting of PCUs with discrepant 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.

Interim Action

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

Costs of Compliance

    We estimate that this AD affects 82 airplanes of U.S. registry. We 
estimate 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
----------------------------------------------------------------------------------------------------------------
Inspections....................  Up to 20 work-hours x                $0  Up to $1,700 per    Up to $139,400 per
                                  $85 per hour = $1,700                    inspection cycle.   inspection cycle.
                                  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 check or certain on-condition actions 
specified in this AD.
    According to the manufacturer, some or all of the costs of this 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: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations

[[Page 17949]]

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 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,
    (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):

2019-06-13 The Boeing Company: Amendment 39-19611 ; Docket No. FAA-
2017-1241; Product Identifier 2017-NM-117-AD.

(a) Effective Date

    This AD is effective June 3, 2019.

(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 address 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 airplane control surface oscillations, which could 
damage the control surfaces and cause reduced controllability of the 
airplane.

(f) Compliance

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

(g) Required Actions

    Except as required by paragraphs (i) and (k) of this AD: For 
airplanes with an original certificate of airworthiness 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 003, dated December 3, 2018, 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 003, 
dated December 3, 2018.

(h) Terminating Action

    Removal of all affected PCUs, as identified in Boeing Alert 
Service Bulletin B787-81205-SB270037-00, Issue 003, dated December 
3, 2018, terminates the requirements of paragraph (g) of this AD 
until an affected PCU is installed. Once an affected PCU is 
installed on an airplane, the actions specified in paragraph (j) of 
this AD must be done on that airplane.

(i) Reporting Compliance Times

    Where Boeing Alert Service Bulletin B787-81205-SB270037-00, 
Issue 003, dated December 3, 2018, specifies to submit a report of 
discrepant findings, this AD requires submitting reports at the 
applicable times specified in paragraphs (i)(1) and (i)(2) of this 
AD.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 60 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 60 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, as identified in Boeing Alert Service 
Bulletin B787-81205-SB270037-00, Issue 003, dated December 3, 2018, 
may be installed provided the conditions specified in paragraphs 
(j)(1), (j)(2), and, as applicable, (j)(3) of this AD are met. 
Thereafter, comply with the actions required by paragraph (g) of 
this AD.
    (1) The PCU is inspected as specified in paragraph (g) of this 
AD after installation and before further flight.
    (2) All applicable on-condition actions are done before further 
flight.
    (3) A report is submitted as required by paragraph (g) of this 
AD at the applicable time specified in paragraph (i) of this AD.

(k) Exception to Service Information Specifications

    (1) For purposes of determining compliance with the requirements 
of this AD, Where Boeing Alert Service Bulletin B787-81205-SB270037-
00, Issue 003, dated December 3, 2018, uses ``the Issue 002 date of 
this service bulletin,'' this AD requires using ``the effective date 
of this AD.''
    (2) Where Boeing Alert Service Bulletin B787-81205-SB270037-00, 
Issue 003, dated December 3, 2018, refers to an inspection or 
records check to determine the PCU part number and refers to an 
Appendix for affected PCU part numbers, this AD also allows using 
the PCU assembly part number identified in the applicable Appendix 
to determine if the PCU is an affected part.

(l) Credit for Previous Actions

    (1) 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. Since 
reporting is not specified in Boeing Alert Service Bulletin B787-
81205-SB270037-00, Issue 001, dated September 27, 2016, submit 
reports as required by paragraph (g) of this AD at the applicable 
times specified in paragraph (i) of this AD.
    (2) 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 002, dated July 19, 2017.

(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

[[Page 17950]]

information collection is 2120-0056. Public reporting for this 
collection of information is estimated to be approximately 1 hour 
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.

(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 (o)(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, 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.
    (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, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 
206-231-3546; email: [email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (p)(3) and (p)(4) of this AD.

(p) 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 Service Bulletin B787-81205-SB270037-00, Issue 
003, dated December 3, 2018.
    (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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on April 1, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-08536 Filed 4-26-19; 8:45 am]
BILLING CODE 4910-13-P


