Rule2023-12405
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
June 9, 2023
Effective
June 26, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. This AD was prompted by reports of damaged decompression panels from operators. This AD requires repetitive inspections for damaged fastener holes on the vertical and bottom edges of the inward and outward blowing decompression panels installed on the forward and aft cargo compartment vertical sidewall linings and applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 111 (Friday, June 9, 2023)</title>
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[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Rules and Regulations]
[Pages 37755-37760]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12405]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1055; Project Identifier AD-2023-00583-T;
Amendment 39-22445; AD 2023-10-09]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. This AD
was prompted by reports of damaged decompression panels from operators.
This AD requires repetitive inspections for damaged fastener holes on
the vertical and bottom edges of the inward and outward blowing
decompression panels installed on the forward and aft cargo compartment
vertical sidewall linings and applicable on-condition actions. The FAA
is issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective June 26, 2023.
The FAA must receive comments on this AD by July 24, 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.
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-2023-1055; 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 street address for Docket
Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Nicole S. Tsang, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone:
206-231-3959; email: <a href="/cdn-cgi/l/email-protection#632d0a000c0f064d304d3710020d04230502024d040c15"><span class="__cf_email__" data-cfemail="baf4d3d9d5d6df94e994eec9dbd4ddfadcdbdb94ddd5cc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA has received a report indicating operators have found
damaged fastener holes on vertical sidewall decompression panels
installed in the forward and aft cargo compartments (i.e., cargo liner
panel). These decompression panels are designed to open only during a
decompression event and otherwise remain sealed. Damaged fastener holes
that exceed the allowable damage limits or fastener holes that are
folded back during installation could result in movement of the
decompression panel affecting the seal. This could result in possible
leakage in the cargo compartments, which in the event of a cargo fire,
could lead to 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. The FAA is issuing
this AD to address the unsafe condition on these products.
FAA's Determination
The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.
AD Requirements
This AD requires gaining access to the fastener holes on the
vertical and bottom edges of the inward and outward blowing
decompression panels installed on the forward and aft cargo compartment
vertical sidewall linings; repetitive general visual inspections of
those fastener holes for damage (such as a tear, cut, split, puncture,
or delamination) and applicable on-condition actions; and making sure
the panel fastener holes are not folded back when installing the
decompression panel after completing the general visual inspection. On-
condition actions include replacement of any decompression panel having
damaged fastener holes that exceed the allowable damage limits with a
serviceable panel. The allowable damage limits are as follows: damage
on a fastener hole must not extend beyond the width of the fastener
hole; if the damage is on one side of the fastener hole and the other
side of the fastener hole has no damage, the damage must not extend
more than the diameter of the fastener hole; the decompression panel
must not have more than two adjacent damaged fastener holes with
damage; and the decompression panel must not have more than four
damaged fastener holes. For the purposes of this AD, a serviceable
panel is one that has not exceeded the allowable damage limits. A
decompression panel repaired using a method approved by The Boeing
Company Organization Designation Authorization (ODA) is considered
serviceable.
Minimum Equipment List (MEL) Provision
Paragraph (j) of this AD specifies that if any decompression panel
is damaged and the decompression panel is deemed not serviceable, the
airplane may be operated as specified in the operator's FAA-approved
MEL, provided provisions that address the damaged decompression panel
are included in the MEL.
Interim Action
The FAA considers this AD to be an interim action. If final action
is later identified, the FAA might consider further rulemaking then.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a
[[Page 37756]]
final rule without providing notice and seeking comment prior to
issuance. Further, section 553(d) of the APA authorizes agencies to
make rules effective in less than thirty days, upon a finding of good
cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because significant leakage in the cargo compartments, in the event of
a cargo fire, could lead to insufficient Halon concentrations to
adequately control the fire. This condition, if not addressed, could
result in loss of continued safe flight and landing of the airplane.
Since this issue significantly compromises the fire suppression system,
which is a required safety feature for extended operations (ETOPS)
flights, the FAA finds this unsafe condition to be an urgent safety
issue. In addition, the compliance time for the required action is
shorter than the time necessary for the public to comment and for
publication of the final rule. Accordingly, notice and opportunity for
prior public comment are impracticable and contrary to the public
interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include Docket No. FAA-2023-1055 and Project Identifier AD-
2023-00583-T at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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
this final rule 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 final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Nicole
S. Tsang, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone: 206-231-3959; email:
<a href="/cdn-cgi/l/email-protection#2d63444e424148037e03795e4c434a6d4b4c4c034a425b"><span class="__cf_email__" data-cfemail="b9f7d0dad6d5dc97ea97edcad8d7def9dfd8d897ded6cf">[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.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 152 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 Inspection............. 8 work-hours x $85 $0 $680 per inspection $103,360 per
per hour = $680 per cycle. inspection cycle
inspection cycle.
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The FAA estimates the following costs to do any necessary
replacement that would be required based on the results of the
inspection. The FAA has no way of determining the number of aircraft
that might need this replacement:
On-Condition Costs
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Cost per
Action Labor cost Parts cost product
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Replacement................................... 1 work-hour x $85 per hour = $85 \*\ $0 $85
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* The FAA has received no definitive data for the parts cost on which to base the cost estimate for the on-
condition replacement specified in this AD. There are 19 panels on each airplane.
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
[[Page 37757]]
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, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
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:
2023-10-09 The Boeing Company: Amendment 39-22445; Docket No. FAA-
2023-1055; Project Identifier AD-2023-00583-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 26, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 787-8, 787-9,
and 787-10 airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 26, Fire
Protection.
(e) Unsafe Condition
This AD was prompted by a report indicating operators have found
damaged fastener holes on vertical sidewall decompression panels
installed in the forward and aft cargo compartments (i.e., cargo
liner panel). The FAA is issuing this AD to address the possibility
of leakage in the cargo compartments, which in the event of a cargo
fire, could lead to insufficient Halon concentrations to adequately
control the fire. The unsafe 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) Definitions
For the purposes of this AD, the following terms are defined as
follows.
(1) A ``general visual inspection'' is a visual examination of
an interior or exterior area, installation, or assembly to detect
obvious damage, failure, or irregularity. This level of inspection
is made from within touching distance, unless otherwise specified. A
mirror may be necessary to enhance visual access to all exposed
surfaces in the inspection area. This level of inspection is made
under normally available lighting conditions such as daylight,
hangar lighting, flashlight, or drop-light and may require removal
or opening of access panels or doors. Stands, ladders, or platforms
may be required to gain proximity to the area being checked. Basic
cleaning may be required to ensure appropriate visibility.
(2) A ``damaged fastener hole'' is a fastener hole having damage
such as a tear, cut, split, puncture, or delamination.
(3) A ``serviceable panel'' is a decompression panel that has
not exceeded the allowable damage limits specified in paragraphs
(g)(3)(i) through (iv) of this AD. A decompression panel repaired
using a method approved by The Boeing Company Organization
Designation Authorization (ODA) is considered serviceable.
(i) If the damage is on the fastener hole, the damage must not
extend beyond the width of the fastener hole. Refer to figure 1 to
paragraph (g)(3)(i) of this AD. Where figure 1 to paragraph
(g)(3)(i) of this AD refers to tears or tearing, this includes all
types of damage as defined in paragraph (g)(2) of this AD.
BILLING CODE 4910-13-P
[[Page 37758]]
Figure 1 to paragraph (g)(3)(i)--Allowable damage not extending
beyond fastener hole width
[GRAPHIC] [TIFF OMITTED] TR09JN23.000
(ii) If the damage is on one side of the fastener hole and the
other side of the fastener hole has no damage, the damage must not
extend more than the diameter of the fastener hole. Refer to figure
2 to paragraph (g)(3)(ii) of this AD. Where figure 2 to paragraph
(g)(3)(ii) of this AD refers to tears, tearing, or tearing damage,
this includes all types of damage as defined in paragraph (g)(2) of
this AD.
[[Page 37759]]
Figure 2 to paragraph (g)(3)(ii)--Allowable damage not extending
more than fastener hole diameter
[GRAPHIC] [TIFF OMITTED] TR09JN23.001
(iii) The decompression panel must not have more than two
adjacent damaged fastener holes.
Note 1 to paragraph (g)(3)(iii): The limits in paragraphs
(g)(3)(iii) and (iv) of this AD refer only to the fastener holes
found on the vertical and bottom edges of the decompression panel.
These limits do not refer to the fastener holes found on the top
edge of the decompression panel.
(iv) The decompression panel must not have more than four
damaged fastener holes.
(h) Repetitive Inspections
Within 90 days after the effective date of this AD, or within 90
days since the date of issuance of the original airworthiness
certificate or date of issuance of the original export certificate
of airworthiness, whichever occurs later, accomplish the actions
specified in paragraphs (h)(1) and (2) of this AD. Repeat the
actions thereafter at intervals not to exceed 90 days.
(1) Gain access to the fastener holes on the vertical and bottom
edges of the inward and outward blowing decompression panels
installed on the forward and aft cargo compartment vertical sidewall
linings.
Note 2 to paragraph (h)(1): Additional guidance for gaining
access to the fastener holes required by paragraph (h)(1) of this AD
and performing the general visual inspection required by paragraph
(h)(2) of this AD can be found in Boeing 787 Aircraft Maintenance
Manual (AMM) Task B787-A-50-11-08-02A-280A-A, Lower Cargo
Compartment Decompression Panel Inspection.
(2) Do a general visual inspection for any damaged fastener
holes.
(i) Reinstallation or Replacement
(1) If, during any inspection required by paragraph (h) of this
AD, no damaged fastener holes are found or any damaged fastener is
found but the decompression panel is deemed serviceable, before
further flight, reinstall the decompression panel and make sure the
panel fastener holes are not folded back.
Note 3 to paragraph (i)(1): Additional guidance for reinstalling
the decompression panel required by paragraph (i)(1) of this AD or
replacing any damaged panel required by paragraph (i)(2) of this AD
can be found in Boeing 787 AMM Task B787-A-50-11-06-03A-520A-A,
Forward and Aft Cargo Compartment Vertical Sidewall Lining Removal;
and Boeing 787 AMM Task B787-A-50-11-06-03A-720A-A, Forward and Aft
Cargo Compartment Vertical Sidewall Lining Installation.
Note 4 to paragraph (i)(1): This note applies to paragraphs
(i)(1) and (2) of this AD. A folded back panel edge could contribute
to inadvertent movement of the decompression panel.
(2) If, during any inspection required by paragraph (h) of this
AD, any damaged fastener hole is found and the decompression panel
is deemed not serviceable, before further flight, replace the panel
with a serviceable panel, except as provided by paragraph (j) of
this AD. Replacement must be done in accordance with the operator's
maintenance or inspection program, as applicable. Make sure the
panel fastener holes are not folded back when installing the
decompression panel.
(j) Minimum Equipment List (MEL) Provisions
If any decompression panel inspected as required by paragraph
(h)(2) of this AD is damaged and the decompression panel is deemed
not serviceable, the airplane may be operated as specified in the
operator's FAA-approved MEL, provided provisions that address the
damaged decompression panel are included in the MEL.
(k) Relief for Maintenance Review Board Report (MRBR) Task
Doing the inspection required by paragraph (h) of this AD is
acceptable for compliance to Boeing 787 MRBR Task 50-005-00 (general
visual inspection of cargo compartment liners) for inspecting the
panel fastener holes required by the existing maintenance or
inspection program.
[[Page 37760]]
(l) Alternative Methods of Compliance (AMOCs)
(1) The Manager, AIR-520 Continued Operational Safety 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 Continued Operational
Safety Branch, send it to the attention of the person identified in
paragraph (m)(1) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#dee7f39f9093f38dbbbfaaaab2bbf39f9d91f39f93919df38cbbafabbbadaaad9eb8bfbff0b9b1a8"><span class="__cf_email__" data-cfemail="2c15016d6261017f494d58584049016d6f63016d61636f017e495d59495f585f6c4a4d4d024b435a">[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 ODA that has been authorized
by the Manager, AIR-520 Continued Operational Safety Branch, FAA, to
make those findings. To be approved, the repair method, modification
deviation, or alteration deviation must meet the certification basis
of the airplane, and the approval must specifically refer to this
AD.
(m) Related Information
(1) For more information about this AD, contact Nicole S. Tsang,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; telephone: 206-231-3959; email: <a href="/cdn-cgi/l/email-protection#f1bf98929e9d94dfa2dfa582909f96b1979090df969e87"><span class="__cf_email__" data-cfemail="6b25020804070e4538453f180a050c2b0d0a0a450c041d">[email protected]</span></a>.
(2) For Boeing service information identified in this AD that is
not incorporated by reference, 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 <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.
(n) Material Incorporated by Reference
None.
Issued on May 24, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-12405 Filed 6-7-23; 8:45 am]
BILLING CODE 4910-13-C
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