[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Rules and Regulations]
[Pages 31166-31169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10330]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1171; Project Identifier AD-2022-00852-T;
Amendment 39-22417; AD 2023-08-02]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-05-06
and AD 2021-08-19, which both applied to certain The Boeing Company
Model 787-8, -9, and -10 airplanes. AD 2018-05-06 required repetitive
inspections of the bilge barriers located in the forward and aft cargo
compartments for disengaged decompression panels, and reinstalling any
disengaged panels; and required replacing the existing decompression
panels with new panels and straps, which terminated the repetitive
inspections. AD 2021-08-19 required repetitive general visual
inspections for disengaged or damaged decompression panels of the bilge
barriers located in the forward and aft cargo compartments,
reinstallation of disengaged but undamaged panels, and replacement of
damaged panels. This AD was prompted by reports of multiple incidents
of torn decompression panels found in the bilge area, and the
development of new procedures for changing or replacing the bilge
barrier assembly in the forward and aft cargo compartments. This AD
retains the requirements of AD 2021-08-19 and requires changing or
replacing the bilge barrier assembly in the forward and aft cargo
compartments, which terminates the repetitive inspections. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective June 20, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 20,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1171; 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, any comments received, and other
information. The address for Docket Operations 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.
Material Incorporated by Reference:
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; website myboeingfleet.com.
You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety 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 at
regulations.gov under Docket No. FAA-2022-1171.
FOR FURTHER INFORMATION CONTACT: Brandon Lucero, Aerospace Engineer,
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3569; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-08-19, Amendment 39-21513 (86 FR
20440, April 20, 2021) (AD 2021-08-19). AD 2021-08-19 applied to all
The Boeing Company Model 787-8, -9, and -10 airplanes. The NPRM
published in the Federal Register on December 6, 2022 (87 FR 74524).
The NPRM was prompted by reports of multiple incidents of torn
decompression panels being found in the bilge area, and the development
of new procedures for changing or replacing the bilge barrier assembly
in the forward cargo compartment. In the NPRM, the FAA proposed to
retain the requirements of AD 2021-08-19 and require changing or
replacing the bilge barrier assembly in the forward and aft cargo
compartments, which would terminate the repetitive inspections. The FAA
is issuing this AD to address the possibility of leakage in the bilge
area, which could, in the event of a cargo fire, result in insufficient
Halon concentrations to adequately control the fire. This condition, if
not addressed, could result in the loss of continued safe flight and
landing of the airplane.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from Air Line Pilots Association,
International (ALPA) and United Airlines (UAL), who supported the NPRM
without change.
The FAA received additional comments from three commenters,
including American Airlines (AAL), Boeing, and JAL Engineering Co.,
Ltd. (JAL). The following presents the comments received on the NPRM
and the FAA's response to each comment.
Request To Change Applicability
AAL, Boeing, and JAL requested that the applicability be limited to
airplanes identified in Boeing Alert Requirements Bulletin B787-81205-
SB500011-00 RB, Issue 001, dated May 10, 2022. The commenters stated
that the required actions had already been accomplished in-production
via Boeing Change Notice (CN) AA85484 Part A for the airplanes not
identified in Boeing Alert Requirements Bulletin B787-81205-SB500011-00
RB, Issue 001, dated May 10, 2022. JAL added that CN AA85484 Part A was
approved as an alternative method of compliance (AMOC) to the
[[Page 31167]]
repetitive inspections required by paragraph (g) of AD 2021-08-19.
The FAA agrees to the requested change for the reasons provided.
Paragraph (c) of this AD has been changed accordingly.
Request To Correct Certain Preamble Wording
AAL and Boeing requested that two sentences in the proposed AD
specifying ``procedures for changing or replacing the bilge barrier
assembly in the forward cargo compartment'' be revised to specify the
``forward and aft cargo compartments.'' Boeing requested the wording be
changed in the SUMMARY, while AAL requested the wording be changed in
the ``Actions Since AD 2021-08-19'' paragraph of the proposed AD. Both
commenters pointed out that the modification referenced in the
paragraph also applies to the aft cargo compartment.
The FAA agrees to change the wording as requested in the SUMMARY,
but notes that this final rule does not contain the ``Actions Since AD
2021-08-19'' paragraph.
Request To Supersede Additional AD
AAL and Boeing requested that the proposed AD replace (supersede)
AD 2018-05-06, Amendment 39-19215 (83 FR 9688, March 7, 2018)(AD 2018-
05-06) as well as AD 2021-08-19. AAL stated that Boeing Alert
Requirements Bulletin B787-81205-SB500011-00 RB, Issue 001, dated May
10, 2022, refers to both AD 2018-05-06 and AD 2021-08-19. Boeing added
that Boeing Alert Requirements Bulletin B787-81205-SB500011-00 RB,
Issue 001, dated May 10, 2022, states that it is an alternative method
of compliance (AMOC) to AD 2018-05-06.
The FAA agrees that AD 2018-05-06 should also be superseded by this
AD, and notes that AD 2018-05-06 required replacing decompression
panels with panels having part numbers that are now obsolete. This AD
has been revised to specify that it also supersedes AD 2018-05-06.
Request To Allow Certain AMOCs
AAL requested that the AMOCs approved for AD 2018-05-06 be approved
as AMOCs for the proposed AD. AAL stated that it understands that
paragraph D., ``Approval'' of Boeing Alert Requirements Bulletin B787-
81205-SB500011-00 RB, Issue 001, dated May 10, 2022, contains a global
AMOC for AD 2018-05-06 and AD 2021-08-19.
The FAA agrees to clarify. The FAA acknowledges that the AMOC in
FAA approval letter 785-22-5682 grants approval of Boeing Alert
Requirements Bulletin B787-81205-SB500011-00 RB, Issue 001, dated May
10, 2022, as an AMOC to the requirements of paragraph (i) of AD 2018-
05-06. However, that AMOC does not apply to this AD because this AD
requires accomplishing the actions in Boeing Alert Requirements
Bulletin B787-81205-SB500011-00 RB, Issue 001, dated May 10, 2022. The
only other AMOC for AD 2018-05-06 (FAA approval letter 785-21-4492a)
allows installing now obsolete part numbers for the decompression
panels, and would therefore not be appropriate to apply to this AD.
Also, as previously discussed, this AD has been revised to specify that
it now supersedes AD 2018-05-06. The FAA has not changed this AD
regarding this issue.
Conclusion
The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for minor editorial changes, and
any other changes described previously, this AD is adopted as proposed
in the NPRM. None of the changes will increase the economic burden on
any operator.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Requirements Bulletin B787-81205-
SB500011-00 RB, Issue 001, dated May 10, 2022. This service information
specifies procedures for changing or replacing the bilge barrier
assembly in the forward cargo compartments at stations (STA) 345 and
825 and aft cargo compartment at STA 1304. 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
ADDRESSES.
Costs of Compliance
The FAA estimates that this AD affects 135 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Repetitive inspections 3 work-hours x $0.................... $255 per $34,425 per
(retained actions). $85 per hour = inspection cycle. inspection
$255 per cycle.
inspection cycle.
Change or replace bilge barrier Up to 7 work- Up to $12,100......... Up to $12,695.... Up to $1,713,825.
(new proposed action). hours x $85 per
hour = $595.
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The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The agency has no way of determining the number of aircraft
that might need these replacements:
On-Condition Costs
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Cost per
Action Labor cost Parts cost product
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Replacement (retained requirement)............ 1 work-hour x $85 per hour = $85 (*) $85
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* The FAA has received no definitive data on which to base the parts costs estimates for the replacements.
[[Page 31168]]
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.
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) Will not affect intrastate aviation in Alaska, and
(3) 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.
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:
0
a. Removing Airworthiness Directive (AD) 2018-05-06, Amendment 39-19215
(83 FR 9688, March 7, 2018); and AD 2021-08-19, Amendment 39-21513 (86
FR 20440, April 20, 2021); and
0
b. Adding the following new AD:
2023-08-02 The Boeing Company: Amendment 39-22417; Docket No. FAA-
2022-1171; Project Identifier AD-2022-00852-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 20, 2023.
(b) Affected ADs
This AD replaces AD 2018-05-06, Amendment 39-19215 (83 FR 9688,
March 7, 2018) (AD 2018-05-06); and AD 2021-08-19, Amendment 39-
21513 (86 FR 20440, April 20, 2021) (AD 2021-08-19).
(c) Applicability
This AD applies to The Boeing Company Model 787-8, -9, and -10
airplanes, certificated in any category, as identified in Boeing
Alert Requirements Bulletin B787-81205-SB500011-00 RB, Issue 001,
dated May 10, 2022.
(d) Subject
Air Transport Association (ATA) of America Code 50, Cargo and
accessory compartments.
(e) Unsafe Condition
This AD was prompted by reports of multiple incidents of torn
decompression panels being found in the bilge area, and the
development of new procedures for changing or replacing the bilge
barrier assembly in the forward cargo compartment. The FAA is
issuing this AD to address the possibility of leakage in the bilge
area, which could, in the event of a cargo fire, result in
insufficient Halon concentrations to adequately control the fire.
This condition, if not addressed, could result in the loss of
continued safe flight and landing of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Repetitive Inspections and Corrective Action With No
Changes
This paragraph restates the requirements of paragraph (g) of AD
2021-08-19 with no changes. At the applicable times specified in
paragraph (g)(1) or (2) of this AD: Do a general visual inspection
for disengaged or damaged (torn) decompression panels of the bilge
barriers located in the forward and aft cargo compartments. If any
disengaged but undamaged panel is found: Before further flight,
reinstall the panel. If any damaged panel is found: Before further
flight, replace the panel with a new or serviceable panel.
Reinstallations and replacements must be done in accordance with the
operator's maintenance or inspection program, as applicable.
(1) If a general visual inspection for disengaged or damaged
(torn) decompression panels of the bilge barriers was done before
May 5, 2021 (the effective date of AD 2021-08-19): Do the next
inspection within 4 calendar months after the most recent
inspection. Repeat the inspection thereafter at intervals not to
exceed 4 calendar months.
(2) If a general visual inspection for disengaged or damaged
(torn) decompression panels of the bilge barriers was not done
before May 5, 2021 (the effective date of AD 2021-08-19): Do the
initial inspection within 30 days after May 5, 2021. Repeat the
inspection thereafter at intervals not to exceed 4 calendar months.
(h) Retained MEL Provisions With No Changes
This paragraph restates the provisions of paragraph (h) of AD
2021-08-19 with no changes. If any decompression panel inspected as
required by this AD is disengaged or damaged, the airplane may be
operated as specified in the operator's existing FAA-approved
minimum equipment list (MEL), provided provisions that address the
disengaged or damaged decompression panels are included in the MEL.
(i) New Required Actions
Except as specified by paragraph (j) of this AD: At the
applicable times specified in the ``Compliance,'' paragraph of
Boeing Alert Requirements Bulletin B787-81205-SB500011-00 RB, Issue
001, dated May 10, 2022, do all applicable actions identified in,
and in accordance with, the Accomplishment Instructions of Boeing
Alert Requirements Bulletin B787-81205-SB500011-00 RB, Issue 001,
dated May 10, 2022. Accomplishing the actions required by this
paragraph terminates the repetitive inspections required by
paragraph (g) of this AD.
Note 1 to paragraph (i): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
B787-81205-SB500011-00, Issue 001, dated May 10, 2022, which is
referred to in Boeing Alert Requirements Bulletin B787-81205-
SB500011-00 RB, Issue 001, dated May 10, 2022.
(j) Exceptions to Service Information Specifications
Where the Compliance Time column of the table in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin B787-
81205-SB500011-00 RB, Issue 001, dated May 10, 2022, uses the phrase
``the Issue 001 date of Requirements Bulletin B787-81205-SB500011-00
RB,'' this AD requires using ``the effective date of this AD.''
(k) 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 responsible Flight Standards 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 (l)(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 responsible Flight Standards Office.
[[Page 31169]]
(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 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.
(4) AMOCs approved for AD 2021-08-19 are approved as AMOCs for
the corresponding provisions of Boeing Alert Requirements Bulletin
B787-81205-SB500011-00 RB, Issue 001, dated May 10, 2022, that are
required by paragraph (i) of this AD.
(l) Related Information
(1) For more information about this AD, contact Brandon Lucero,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3569; email: [email protected].
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (m)(3) and (4) of this AD.
(m) 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-SB500011-00
RB, Issue 001, dated May 10, 2022.
(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; website myboeingfleet.com.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety 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: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on April 11, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-10330 Filed 5-15-23; 8:45 am]
BILLING CODE 4910-13-P