Airworthiness Directives; The Boeing Company Airplanes, 36433-36436 [2016-12847]
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36433
Rules and Regulations
Federal Register
Vol. 81, No. 109
Tuesday, June 7, 2016
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. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2016–0035]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security/U.S. Customs and Border
Protection–014 Regulatory Audit
Archive System (RAAS) System of
Records
Privacy Office, Department of
Homeland Security.
ACTION: Final rule.
AGENCY:
The Department of Homeland
Security (DHS) is issuing a final rule to
extend the exemptions from certain
provisions of the Privacy Act to the
updated and reissued system of records
titled, ‘‘DHS/CBP–014 Regulatory Audit
Archive System (RAAS) System of
Records.’’ Specifically, the Department
exempts portions of the ‘‘DHS/CBP–014
Regulatory Audit Archive System
(RAAS) System of Records’’ from one or
more provisions of the Privacy Act
because of criminal, civil, and
administrative enforcement
requirements.
SUMMARY:
This final rule is effective June
7, 2016.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact: John
Connors, (202) 344–1610, Privacy
Officer, U.S. Customs and Border
Protection, Privacy and Diversity Office,
1300 Pennsylvania Avenue NW.,
Washington, DC 20229. For privacy
questions, please contact: Karen L.
Neuman, (202) 343–1717, Chief Privacy
Officer, Privacy Office, Department of
Homeland Security, Washington, DC
20528.
jstallworth on DSK7TPTVN1PROD with RULES
DATES:
SUPPLEMENTARY INFORMATION:
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I. Background
The Department of Homeland
Security (DHS) U.S. Customs and
Border Protection (CBP) published a
notice of proposed rulemaking in the
Federal Register, 81 FR 19932, April 6,
2016, proposing to exempt portions of
the system of records from one or more
provisions of the Privacy Act because of
criminal, civil, and administrative
enforcement requirements. DHS
reissued the DHS/CBP–014 Regulatory
Audit Archive System (RAAS) System
of Records in the Federal Register on
April 6, 2016 (81 FR 19985), to provide
notice to the public that DHS/CBP was
updating the categories of records to
include the capture of Employer
Identification Numbers (EINs) or Social
Security numbers (SSNs), also known as
a Federal Taxpayer Identifying Number,
pursuant to 19 CFR 24.5, 19 CFR 149.3,
and E.O. 9397, as amended by E.O.
13748. This final rule exempts portions
of the new categories of records
pursuant to 5 U.S.C. 552a(k)(2).
II. Public Comments
DHS received no comments on the
NPRM and will implement the
rulemaking as proposed.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
For the reasons stated in the
preamble, DHS amends Chapter I of
Title 6, Code of Federal Regulations, as
follows:
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
1. The authority citation for part 5
continues to read as follows:
with its several and varied missions and
functions, including, but not limited to: the
enforcement of civil and criminal laws;
investigations; inquiries; and proceedings
there under. The DHS/CBP–014 RAAS
System of Records contains information that
is collected by, on behalf of, in support of,
or in cooperation with DHS and its
Components and may contain personally
identifiable information collected by other
Federal, State, local, tribal, foreign, or
international government agencies. The
Secretary of Homeland Security, pursuant to
5 U.S.C. 552a(k)(2), has exempted this system
from the following provisions of the Privacy
Act: 5 U.S.C. 552a(c)(3). Exemptions from
these particular subsections are justified, on
a case-by-case basis to be determined at the
time a request is made, for the following
reasons:
(a) From subsection (c)(3) (Accounting for
Disclosures) because release of the
accounting of disclosures could alert the
subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation to the existence of that investigation
and reveal investigative interest on the part
of DHS as well as the recipient agency.
Disclosure of the accounting would therefore
present a serious impediment to law
enforcement efforts and/or efforts to preserve
national security. Disclosure of the
accounting would also permit the individual
who is the subject of a record to impede the
investigation, to tamper with witnesses or
evidence, and to avoid detection or
apprehension, which would undermine the
entire investigative process.
*
*
*
*
*
Dated: May 23, 2016.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–13311 Filed 6–6–16; 8:45 am]
BILLING CODE 9111–14–P
■
Authority: Pub. L. 107–296, 116 Stat.
2135; (6 U.S.C. 101 et seq.); 5 U.S.C. 301.
Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
2. In appendix C to part 5, revise the
introductory text of paragraph 25, and
paragraph 25(a), to read as follows:
■
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2015–2958; Directorate
Identifier 2014–NM–248–AD; Amendment
39–18545; AD 2016–11–18]
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
RIN 2120–AA64
*
Airworthiness Directives; The Boeing
Company Airplanes
*
*
*
*
25. The Department of Homeland Security
(DHS)/U.S. Customs and Border Protection014 Regulatory Audit Archive System
(RAAS) System of Records consists of
electronic and paper records and will be used
by DHS and its Components. The DHS/CBP–
014 RAAS System of Records is a repository
of information held by DHS in connection
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Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for all The
SUMMARY:
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Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules and Regulations
jstallworth on DSK7TPTVN1PROD with RULES
Boeing Company Model 787 airplanes.
This AD was prompted by the
disclosure that the inner diameters of
some batches of landing gear pins were
not shot peened in accordance with
design specifications, and need to be
replaced. This AD requires inspection
for improperly manufactured landing
gear pins, and replacement if necessary.
We are issuing this AD to detect and
correct insufficient shot peening that
could lead to stress corrosion cracking
and failure of the landing gear pin, and
cause landing gear collapse and
inability to control the airplane at high
speeds on the ground.
DATES: This AD is effective July 12,
2016.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of July 12, 2016.
ADDRESSES: For service information
identified in this final rule, contact
Boeing Commercial Airplanes,
Attention: Data & Services Management,
P.O. Box 3707, MC 2H–65, Seattle, WA
98124–2207; telephone 206–544–5000,
extension 1; fax 206–766–5680; Internet
https://www.myboeingfleet.com. You
may view this referenced service
information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue
SW., Renton, WA. For information on
the availability of this material at the
FAA, call 425–227–1221. It is also
available on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
2958.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
2958; 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 AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (phone: 800–647–5527) is
Document 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:
Melanie Violette, Senior Aerospace
Engineer, Airframe Branch, ANM–120S,
FAA, Seattle Aircraft Certification
Office (ACO), 1601 Lind Avenue SW.,
Renton, WA 98057–3356; phone: 425–
917–6422; fax: 425–917–6590; email:
melanie.violette@faa.gov.
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Request for Correction to Paragraphs
(g) and (h) of This AD
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 airplanes. The NPRM published in
the Federal Register on July 23, 2015
(80 FR 43642) (‘‘the NPRM’’). The
NPRM was prompted by a report
indicating that the inner diameters of
some batches of landing gear pins were
not shot peened and need to be
replaced. The NPRM proposed to
require inspection for improperly
manufactured landing gear pins, and
replacement if necessary. We are issuing
this AD to detect and correct
insufficient shot peening that could lead
to stress corrosion cracking and failure
of the landing gear pin, and cause
landing gear collapse and inability to
control the airplane at high speeds on
the ground.
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comments
received on the NPRM and the FAA’s
response to each comment.
Request To Use Revised Service
Information
One commenter, Junji Miura, found
several errors in Boeing Alert Service
Bulletin B787–81205–SB320022–00,
Issue 001, dated November 14, 2014,
and requested that we include a
reference to the upcoming corrections.
The commenter stated that Boeing will
correct these errors in the next revision,
and that referencing this revision in this
AD will avoid the need for a global
alternative method of compliance
(AMOC).
We agree with the request. Boeing has
issued Alert Service Bulletin B787–
81205–SB320022–00, Issue 002, dated
April 6, 2016. We have reviewed this
service information, which was issued
to correct typographical errors and part
numbers, and to update statements, but
adds no new actions. The changes in
Boeing Alert Service Bulletin B787–
81205–SB320022–00, Issue 002, dated
April 6, 2016, address the commenter’s
concerns. We have revised the service
information references throughout this
final rule to refer to Boeing Alert Service
Bulletin B787–81205–SB320022–00,
Issue 002, dated April 6, 2016, and we
have added a new paragraph (h) to this
AD to provide credit for the original
service information. We have
redesignated subsequent paragraphs
accordingly.
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Boeing requested a correction to
paragraphs (g) and (h) of the proposed
AD to replace the word ‘‘or’’ with the
word ‘‘and’’ in the phrase ‘‘part number
or serial number.’’
We agree to correct the applicable
paragraphs of this AD because the intent
was to require replacement of the pin
only if both the part number and serial
number are identified in Boeing Alert
Service Bulletin B787–81205–
SB320022–00, Issue 002, dated April 6,
2016. In paragraphs (g) and (i) of this
AD, we revised the phrase ‘‘part number
or serial number’’ to ‘‘part number and
serial number.’’
Request for Clarification of Airplanes
Affected by Inspection Requirements
One commenter, Raja Rehman,
requested that we clarify the required
actions for airplanes that are covered by
this AD, but not listed in the
‘‘Effectivity’’ section of Boeing Alert
Service Bulletin B787–81205–
SB320022–00, Issue 001, dated
November 14, 2014. The commenter
asked if the inspection requirements of
the proposed AD would apply to all
delivered and to-be-delivered Model
787 airplanes, and if Boeing intends to
issue a revision to the service bulletin
that will cover the additional airplanes.
The commenter also asked if an airplane
that did not have the affected pins
installed at production/delivery, and
had never replaced the pins during
service would comply with the AD.
We agree that clarification is
necessary. The landing gear pin is a
removable structural component
(rotable part). Through maintenance
action, the affected (discrepant) pins
could be installed on airplanes that
were initially delivered with acceptable
pins. Therefore, the applicability of this
AD is all Model 787 airplanes—both
those that are currently delivered and
future deliveries—because the affected
pins could be installed on any Model
787 airplane. It is not necessary for the
applicability of the AD to match the
effectivity of Boeing Alert Service
Bulletin B787–81205–SB320022–00,
Issue 001, dated November 14, 2014, or
Issue 002, dated April 6, 2016. This
difference has been coordinated with
Boeing.
We have modified paragraph (g) to
require the inspections only for
airplanes that received their original
airworthiness certificate or original
export certificate of airworthiness on or
before the effective date of this AD.
These are the airplanes that either had
the affected (discrepant) pins installed
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Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules and Regulations
in production, or may have had them
installed through maintenance action.
Paragraph (i), which remains applicable
to all Model 787 airplanes, prohibits
installation of the affected pins in the
future.
Conclusion
We reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting this AD
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 AD.
Related Service Information Under 1
CFR Part 51
We reviewed Boeing Alert Service
Bulletin B787–81205–SB320022–00,
Issue 002, dated April 6, 2016. The
service information describes
procedures to inspect and replace
certain landing gear pins. 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 13
airplanes of U.S. registry. We estimate
the following costs to comply with this
AD:
ESTIMATED COSTS
Action
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
Inspection ................................
3 work-hours × $85 per hour = $255 .....................................
$0
$255
$3,315
We estimate the following costs to do
any necessary replacements that would
be required based on the results of the
inspection. We have no way of
determining the number of aircraft that
might need these replacements:
ON-CONDITION COSTS
Action
Labor cost
Parts cost
Replacement ....................................
Up to 19 work-hours × $85 per hour = $1,615 ..........................................
$35,569
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.
jstallworth on DSK7TPTVN1PROD with RULES
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
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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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
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§ 39.13
Cost per
product
Up to
$37,184
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2016–11–18 The Boeing Company:
Amendment 39–18545; Docket No.
FAA–2015–2958; Directorate Identifier
2014–NM–248–AD.
(a) Effective Date
This AD is effective July 12, 2016.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing
Company Model 787 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 the disclosure
that the inner diameters of some batches of
landing gear pins were not shot peened in
accordance with design specifications, and
need to be replaced. We are issuing this AD
to detect and correct insufficient shot
peening that could lead to stress corrosion
cracking and failure of the landing gear pin,
and cause landing gear collapse and inability
to control the airplane at high speeds on the
ground.
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Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules and Regulations
(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: At
the applicable time specified in paragraph 5,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin B787–81205–SB320022–00, Issue
002, dated April 6, 2016, do a landing gear
pin part number and serial number
inspection, in accordance with the
Accomplishment Instructions of Boeing Alert
Service Bulletin B787–81205–SB320022–00,
Issue 002, dated April 6, 2016. A review of
airplane maintenance or delivery records is
acceptable in lieu of this inspection if the
part number and serial number of the
installed landing gear pins can be
conclusively determined from that review.
(1) If the part number and serial number do
not match the list of affected pin numbers:
No further action is required by this
paragraph at that pin location.
(2) If the part number and serial number
match the list of affected pin numbers: At the
applicable time specified in paragraph 5,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin B787–81205–SB320022–00, Issue
002, dated April 6, 2016, replace the affected
pin with a pin that does not have an affected
part number and serial number, in
accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin
B787–81205–SB320022–00, Issue 002, dated
April 6, 2016.
(h) Credit for Previous Actions
This paragraph provides credit for the
actions specified in paragraph (g) of this AD,
if those actions were performed before the
effective date of this AD, using Boeing Alert
Service Bulletin B787–81205–SB320022–00,
Issue 001, dated November 14, 2014. This
service information is not incorporated by
reference in this AD.
jstallworth on DSK7TPTVN1PROD with RULES
(i) Parts Installation Prohibition
As of the effective date of this AD, no
person may install on any airplane a landing
gear pin having an affected part number and
serial number identified in Boeing Alert
Service Bulletin B787–81205–SB320022–00,
Issue 002, dated April 6, 2016.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle Aircraft
Certification Office (ACO), 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 (k) of this AD. Information may be
emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
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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
paragraphs (j)(4)(i) and (j)(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. 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.
(k) Related Information
For more information about this AD,
contact Melanie Violette, Senior Aerospace
Engineer, Airframe Branch, ANM–120S,
FAA, Seattle ACO, 1601 Lind Avenue SW.,
Renton, WA 98057–3356; phone: 425–917–
6422; fax: 425–917–6590; email:
melanie.violette@faa.gov.
(l) 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–SB320022–00, Issue 002, dated April
6, 2016.
(ii) Reserved.
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, WA 98124–2207; telephone 206–
544–5000, extension 1; fax 206–766–5680;
Internet https://www.myboeingfleet.com.
(4) You may view this service information
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(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: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
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Issued in Renton, Washington, on May 24,
2016.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–12847 Filed 6–6–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–4232; Directorate
Identifier 2015–CE–043–AD; Amendment
39–18538; AD 2016–11–11]
RIN 2120–AA64
Airworthiness Directives; EVEKTOR,
spol. S.r.o. Gliders
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for
EVEKTOR, spol. s.r.o. Models L 13 SEH
VIVAT and L 13 SDM VIVAT gliders
(type certificate previously held by
AEROTECHNIK s.r.o.). This AD results
from mandatory continuing
airworthiness information (MCAI)
issued by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as lack of distinct color
marking of the elevator drive. We are
issuing this AD to require actions to
address the unsafe condition on these
products.
SUMMARY:
This AD is effective July 12,
2016.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of July 12, 2016.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
4232; or in person at Document
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 service information identified in
this AD, contact EVEKTOR, spol. s.r.o,
Letecka 1008, 686 04 Kunovice, Czech
Republic; phone: +420 572 537 428;
email: evektor@evektor.cz; Internet:
https://www.evektor.cz/en/sales-andsupport. You may view this referenced
service information at the FAA, Small
DATES:
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Agencies
[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Rules and Regulations]
[Pages 36433-36436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12847]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2015-2958; Directorate Identifier 2014-NM-248-AD;
Amendment 39-18545; AD 2016-11-18]
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
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Boeing Company Model 787 airplanes. This AD was prompted by the
disclosure that the inner diameters of some batches of landing gear
pins were not shot peened in accordance with design specifications, and
need to be replaced. This AD requires inspection for improperly
manufactured landing gear pins, and replacement if necessary. We are
issuing this AD to detect and correct insufficient shot peening that
could lead to stress corrosion cracking and failure of the landing gear
pin, and cause landing gear collapse and inability to control the
airplane at high speeds on the ground.
DATES: This AD is effective July 12, 2016.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 12,
2016.
ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone
206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call 425-227-1221. It is also available on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2015-
2958.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2015-
2958; 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 AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Document 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: Melanie Violette, Senior Aerospace
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6422; fax: 425-917-6590; email:
melanie.violette@faa.gov.
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 airplanes. The NPRM published in the Federal Register on July
23, 2015 (80 FR 43642) (``the NPRM''). The NPRM was prompted by a
report indicating that the inner diameters of some batches of landing
gear pins were not shot peened and need to be replaced. The NPRM
proposed to require inspection for improperly manufactured landing gear
pins, and replacement if necessary. We are issuing this AD to detect
and correct insufficient shot peening that could lead to stress
corrosion cracking and failure of the landing gear pin, and cause
landing gear collapse and inability to control the airplane at high
speeds on the ground.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.
Request To Use Revised Service Information
One commenter, Junji Miura, found several errors in Boeing Alert
Service Bulletin B787-81205-SB320022-00, Issue 001, dated November 14,
2014, and requested that we include a reference to the upcoming
corrections. The commenter stated that Boeing will correct these errors
in the next revision, and that referencing this revision in this AD
will avoid the need for a global alternative method of compliance
(AMOC).
We agree with the request. Boeing has issued Alert Service Bulletin
B787-81205-SB320022-00, Issue 002, dated April 6, 2016. We have
reviewed this service information, which was issued to correct
typographical errors and part numbers, and to update statements, but
adds no new actions. The changes in Boeing Alert Service Bulletin B787-
81205-SB320022-00, Issue 002, dated April 6, 2016, address the
commenter's concerns. We have revised the service information
references throughout this final rule to refer to Boeing Alert Service
Bulletin B787-81205-SB320022-00, Issue 002, dated April 6, 2016, and we
have added a new paragraph (h) to this AD to provide credit for the
original service information. We have redesignated subsequent
paragraphs accordingly.
Request for Correction to Paragraphs (g) and (h) of This AD
Boeing requested a correction to paragraphs (g) and (h) of the
proposed AD to replace the word ``or'' with the word ``and'' in the
phrase ``part number or serial number.''
We agree to correct the applicable paragraphs of this AD because
the intent was to require replacement of the pin only if both the part
number and serial number are identified in Boeing Alert Service
Bulletin B787-81205-SB320022-00, Issue 002, dated April 6, 2016. In
paragraphs (g) and (i) of this AD, we revised the phrase ``part number
or serial number'' to ``part number and serial number.''
Request for Clarification of Airplanes Affected by Inspection
Requirements
One commenter, Raja Rehman, requested that we clarify the required
actions for airplanes that are covered by this AD, but not listed in
the ``Effectivity'' section of Boeing Alert Service Bulletin B787-
81205-SB320022-00, Issue 001, dated November 14, 2014. The commenter
asked if the inspection requirements of the proposed AD would apply to
all delivered and to-be-delivered Model 787 airplanes, and if Boeing
intends to issue a revision to the service bulletin that will cover the
additional airplanes. The commenter also asked if an airplane that did
not have the affected pins installed at production/delivery, and had
never replaced the pins during service would comply with the AD.
We agree that clarification is necessary. The landing gear pin is a
removable structural component (rotable part). Through maintenance
action, the affected (discrepant) pins could be installed on airplanes
that were initially delivered with acceptable pins. Therefore, the
applicability of this AD is all Model 787 airplanes--both those that
are currently delivered and future deliveries--because the affected
pins could be installed on any Model 787 airplane. It is not necessary
for the applicability of the AD to match the effectivity of Boeing
Alert Service Bulletin B787-81205-SB320022-00, Issue 001, dated
November 14, 2014, or Issue 002, dated April 6, 2016. This difference
has been coordinated with Boeing.
We have modified paragraph (g) to require the inspections only for
airplanes that received their original airworthiness certificate or
original export certificate of airworthiness on or before the effective
date of this AD. These are the airplanes that either had the affected
(discrepant) pins installed
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in production, or may have had them installed through maintenance
action. Paragraph (i), which remains applicable to all Model 787
airplanes, prohibits installation of the affected pins in the future.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
[Agr]re 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 AD.
Related Service Information Under 1 CFR Part 51
We reviewed Boeing Alert Service Bulletin B787-81205-SB320022-00,
Issue 002, dated April 6, 2016. The service information describes
procedures to inspect and replace certain landing gear pins. 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 13 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Inspection........................ 3 work-hours x $85 per $0 $255 $3,315
hour = $255.
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We estimate the following costs to do any necessary replacements
that would be required based on the results of the inspection. We have
no way of determining the number of aircraft that might need these
replacements:
On-Condition Costs
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Action Labor cost Parts cost Cost per product
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Replacement.......................... Up to 19 work[dash]hours x $35,569 Up to $37,184
$85 per hour = $1,615.
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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.
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):
2016-11-18 The Boeing Company: Amendment 39-18545; Docket No. FAA-
2015-2958; Directorate Identifier 2014-NM-248-AD.
(a) Effective Date
This AD is effective July 12, 2016.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 787 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 the disclosure that the inner diameters
of some batches of landing gear pins were not shot peened in
accordance with design specifications, and need to be replaced. We
are issuing this AD to detect and correct insufficient shot peening
that could lead to stress corrosion cracking and failure of the
landing gear pin, and cause landing gear collapse and inability to
control the airplane at high speeds on the ground.
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(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: At the applicable time
specified in paragraph 5, ``Compliance,'' of Boeing Alert Service
Bulletin B787-81205-SB320022-00, Issue 002, dated April 6, 2016, do
a landing gear pin part number and serial number inspection, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin B787-81205-SB320022-00, Issue 002, dated April 6,
2016. A review of airplane maintenance or delivery records is
acceptable in lieu of this inspection if the part number and serial
number of the installed landing gear pins can be conclusively
determined from that review.
(1) If the part number and serial number do not match the list
of affected pin numbers: No further action is required by this
paragraph at that pin location.
(2) If the part number and serial number match the list of
affected pin numbers: At the applicable time specified in paragraph
5, ``Compliance,'' of Boeing Alert Service Bulletin B787-81205-
SB320022-00, Issue 002, dated April 6, 2016, replace the affected
pin with a pin that does not have an affected part number and serial
number, in accordance with the Accomplishment Instructions of Boeing
Alert Service Bulletin B787-81205-SB320022-00, Issue 002, dated
April 6, 2016.
(h) Credit for Previous Actions
This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD, using Boeing Alert Service Bulletin B787-
81205-SB320022-00, Issue 001, dated November 14, 2014. This service
information is not incorporated by reference in this AD.
(i) Parts Installation Prohibition
As of the effective date of this AD, no person may install on
any airplane a landing gear pin having an affected part number and
serial number identified in Boeing Alert Service Bulletin B787-
81205-SB320022-00, Issue 002, dated April 6, 2016.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle Aircraft Certification Office (ACO),
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 (k) of this AD.
Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(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 paragraphs
(j)(4)(i) and (j)(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. 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.
(k) Related Information
For more information about this AD, contact Melanie Violette,
Senior Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle
ACO, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6422; fax: 425-917-6590; email: melanie.violette@faa.gov.
(l) 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-SB320022-00, Issue
002, dated April 6, 2016.
(ii) Reserved.
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
(4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
(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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on May 24, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-12847 Filed 6-6-16; 8:45 am]
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