Proposed Rule2022-26466
Airworthiness Directives; The Boeing Company Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 6, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2021-08-19, which applies to all The Boeing Company Model 787-8, -9, and -10 airplanes. AD 2021-08-19 requires 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. Since the FAA issued AD 2021-08-19, new procedures for changing or replacing the bilge barrier assembly in the forward cargo compartment have been developed. This proposed AD would 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 proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 233 (Tuesday, December 6, 2022)</title>
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[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Proposed Rules]
[Pages 74524-74527]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26466]
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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]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2021-08-19, which applies to all The Boeing Company Model 787-8, -9,
and -10 airplanes. AD 2021-08-19 requires 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. Since the FAA issued AD 2021-08-19, new procedures for
changing or replacing the bilge barrier assembly in the forward cargo
compartment have been developed. This proposed AD would 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 proposing this
AD to address the unsafe condition on these products.
[[Page 74525]]
DATES: The FAA must receive comments on this proposed AD by January 20,
2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, 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 <a href="http://myboeingfleet.com">myboeingfleet.com</a>. 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 <a href="http://regulations.gov">regulations.gov</a> by searching for and
locating Docket No. FAA-2022-1171.
Examining the AD Docket
You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> by searching for
and locating 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 NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.
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: <a href="/cdn-cgi/l/email-protection#4a28382b242e252464263f292f38250a2c2b2b642d253c"><span class="__cf_email__" data-cfemail="751707141b111a1b5b19001610071a351314145b121a03">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1171; Project Identifier
AD-2022-00852-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this proposed AD.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
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:
<a href="/cdn-cgi/l/email-protection#6e0c1c0f000a010040021b0d0b1c012e080f0f40090118"><span class="__cf_email__" data-cfemail="e98b9b88878d8687c7859c8a8c9b86a98f8888c78e869f">[email protected]</span></a>. Any commentary that the FAA receives that is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
Background
The FAA issued AD 2021-08-19, Amendment 39-21513 (86 FR 20440,
April 20, 2021) (AD 2021-08-19), for all The Boeing Company Model 787-
8, -9, and -10 airplanes. AD 2021-08-19 was prompted by reports of
multiple incidents of torn decompression panels found in the bilge
area, and the determination that additional airplanes are subject to
the unsafe condition. AD 2021-08-19 requires 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. The FAA issued AD 2021-08-19 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.
Actions Since AD 2021-08-19 Was Issued
The preamble to AD 2021-08-19 specifies that the FAA considers that
AD ``interim action'' and that the FAA might consider further
rulemaking if a modification is developed, approved, and available. The
manufacturer has since developed such a modification (procedures for
changing or replacing the bilge barrier assembly in the forward cargo
compartment), which would terminate the repetitive inspections required
by AD 2021-08-19. The FAA has determined that this modification should
be required.
FAA's Determination
The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.
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
the ADDRESSES section.
Proposed AD Requirements in This NPRM
This proposed AD would retain all of the requirements of AD 2021-
08-19. This proposed AD would also require accomplishing the actions
identified in Boeing Alert Requirements Bulletin B787-81205-SB500011-00
RB, Issue 001, dated May 10, 2022, described previously, except for any
differences identified as exceptions in the regulatory text of this
proposed AD.
For information on the procedures and compliance times, see this
service information at <a href="http://regulations.gov">regulations.gov</a> by searching for and locating
Docket No. FAA-2022-1171.
[[Page 74526]]
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 135 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed 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 (retained 3 work-hours x $85 $0................ $255 per $34,425 per
actions). per hour = $255 inspection cycle. inspection cycle.
per inspection
cycle.
Change or replace bilge barrier Up to 7 work-hours Up to $12,100..... Up to $12,695..... Up to $1,713,825.
(new proposed action). 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
proposed 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.
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
The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would 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 the proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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 Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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) 2021-08-19, Amendment 39-21513
(86 FR 20440, April 20, 2021), and
0
b. Adding the following new AD:
The Boeing Company: Docket No. FAA-2022-1171; Project Identifier AD-
2022-00852-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) action by January 20, 2023.
(b) Affected ADs
This AD replaces AD 2021-08-19, Amendment 39-21513 (86 FR 20440,
April 20, 2021) (AD 2021-08-19).
(c) Applicability
This AD applies to all The Boeing Company Model 787-8, -9, and -
10 airplanes, certificated in any category.
(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
[[Page 74527]]
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: <a href="/cdn-cgi/l/email-protection#576e7a16191a7a04323623233b327a1614187a161a18147a05322622322423241731363679303821"><span class="__cf_email__" data-cfemail="360f1b77787b1b65535742425a531b7775791b777b79751b64534743534542457650575718515940">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards 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 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: <a href="/cdn-cgi/l/email-protection#7f1d0d1e111b101151130a1c1a0d103f191e1e51181009"><span class="__cf_email__" data-cfemail="f09282919e949f9ede9c859395829fb0969191de979f86">[email protected]</span></a>.
(2) 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 <a href="http://myboeingfleet.com">myboeingfleet.com</a>. You may
view this referenced 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.
Issued on September 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-26466 Filed 12-5-22; 8:45 am]
BILLING CODE 4910-13-P
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