Rule2023-17197
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
August 10, 2023
Effective
August 25, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all The Boeing Company Model 737 airplanes equipped with CFM International, S.A. (CFM) Model LEAP-1B series turbofan engines. This AD was prompted by a report indicating that use of engine anti-ice (EAI) in dry air for more than five minutes during certain environmental and operational conditions can cause overheating of the engine inlet inner barrel beyond the material design limit, resulting in failure of the engine inlet inner barrel and severe engine inlet cowl damage. This AD requires revising the existing airplane flight manual (AFM) to limit the use of EAI in certain conditions and revising the operator's existing minimum equipment list to prohibit dispatch under a certain item. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 153 (Thursday, August 10, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Rules and Regulations]
[Pages 54223-54225]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17197]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 88, No. 153 / Thursday, August 10, 2023 /
Rules and Regulations
[[Page 54223]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1650; Project Identifier AD-2023-00795-T;
Amendment 39-22517; AD 2023-15-05]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 737 airplanes equipped with CFM International,
S.A. (CFM) Model LEAP-1B series turbofan engines. This AD was prompted
by a report indicating that use of engine anti-ice (EAI) in dry air for
more than five minutes during certain environmental and operational
conditions can cause overheating of the engine inlet inner barrel
beyond the material design limit, resulting in failure of the engine
inlet inner barrel and severe engine inlet cowl damage. This AD
requires revising the existing airplane flight manual (AFM) to limit
the use of EAI in certain conditions and revising the operator's
existing minimum equipment list to prohibit dispatch under a certain
item. The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective August 25, 2023.
The FAA must receive comments on this AD by September 25, 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-2023-1650; 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: James Laubaugh, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3622; email: <a href="/cdn-cgi/l/email-protection#0369626e66702d6f6276616276646b436562622d646c75"><span class="__cf_email__" data-cfemail="8ce6ede1e9ffa2e0edf9eeedf9ebe4cceaededa2ebe3fa">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
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-2023-1650 and Project Identifier AD-
2023-00795-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 James
Laubaugh, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone: 206-231-3622; email: <a href="/cdn-cgi/l/email-protection#f09a919d9583de9c91859291859798b0969191de979f86"><span class="__cf_email__" data-cfemail="dbb1bab6bea8f5b7baaeb9baaebcb39bbdbabaf5bcb4ad">[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 has received a report in June 2023 indicating that flight
testing and analysis revealed that the use of EAI in dry air for more
than five minutes during certain combinations of altitude, total air
temperature, and N1 settings can result in engine inlet cowl
temperatures exceeding design limits when not in visible moisture.
Excessive heat buildup can cause overheat of the engine inlet inner
barrel beyond the material design limit, resulting in failure of the
engine inlet inner barrel and severe engine inlet cowl damage. There
have been no reports of in-service failures of the engine inlet inner
barrel to date.
This condition as previously described, if not addressed, could
result in departure of the inlet and potential fan cowl failure and
departure from the airplane. The departure of the inlet may cause
fuselage and/or window damage, potentially resulting in decompression
and hazard to window-seated passengers aft of the wing and/or impact
damage to the wing, flight control surfaces, and/or empennage, which
could result in loss of control of the airplane. Inlet loss also causes
significantly increased aerodynamic drag and asymmetric lift due to
wing blanking, which risks fuel exhaustion on certain flights,
resulting in a forced off-airport landing and injury to passengers. The
FAA is issuing this AD to address the unsafe condition on these
products.
[[Page 54224]]
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 revising the existing AFM to limit the use of
engine anti-ice in certain conditions. This AD also requires revising
the operator's existing minimum equipment list (MEL) to prohibit
dispatch under Master Minimum Equipment List (MMEL) Item 30-21-01B (EAI
valve locked open). Further analysis of this item is necessary to
determine whether continued use will cause failure of the engine inlet
inner barrel.
Compliance With AFM Revision
Section 91.9 prohibits any person from operating a civil aircraft
without complying with the operating limitations specified in the AFM.
FAA regulations also require operators to furnish pilots with any
changes to the AFM (14 CFR 121.137) and pilots in command to be
familiar with the AFM (14 CFR 91.505).
MMEL Revision
This AD refers to Item 30-21-01B (Engine (Cowl) Anti-Ice Valves),
Boeing 737 MAX (B-737-7/-8/-8200/-9) MMEL, Revision 5, dated June 3,
2022; this item is also included in an operator's FAA-approved minimum
equipment list (MEL). This AD prohibits dispatch or release of the
airplane under conditions currently allowed by that item in the MMEL.
The FAA plans to revise the MMEL to remove that item in a future
revision; operators would then be required to also remove that item
from their existing FAA-approved MEL.
Interim Action
The FAA considers this AD to be an interim action. The manufacturer
is currently developing a modification that will address the unsafe
condition identified in this AD. Once this modification is developed,
approved, and available, the FAA might consider additional rulemaking.
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 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 operating EAI in dry air for more than five minutes during
certain environmental and operational conditions can cause overheating
of the engine inlet inner barrel beyond the material design limit,
resulting in failure of the engine inlet inner barrel and severe engine
inlet cowl damage. If not addressed, this could result in departure of
the inlet and potential fan cowl failure and departure from the
airplane. The departure of the inlet may cause fuselage and/or window
damage, potentially resulting in decompression and hazard to window-
seated passengers aft of the wing and/or impact damage to the wing,
flight control surfaces, and/or empennage, which could result in loss
of control of the airplane. Further, inlet loss causes significantly
increased aerodynamic drag and asymmetric lift due to wing blanking,
which risks fuel exhaustion on certain flights, resulting in a forced
off-airport landing and injury to passengers. 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.
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 402 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
AFM/MEL revision.................... 1 work-hour x $85 per $0 $85 $34,170
hour = $85.
----------------------------------------------------------------------------------------------------------------
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, and
(2) Will not affect intrastate aviation in Alaska.
[[Page 54225]]
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:
2023-15-05 The Boeing Company: Amendment 39-22517; Docket No. FAA-
2023-1650; Project Identifier AD-2023-00795-T.
(a) Effective Date
This airworthiness directive (AD) is effective August 25, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 737 airplanes
equipped with CFM International, S.A. (CFM) Model LEAP-1B series
turbofan engines, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 30, Ice and Rain
Protection; 71, Powerplant.
(e) Unsafe Condition
This AD was prompted by a report indicating that use of engine
anti-ice (EAI) in dry air for more than five minutes during certain
environmental and operational conditions can cause overheating of
the engine inlet inner barrel beyond the material design limit,
resulting in failure of the engine inlet inner barrel and severe
engine inlet cowl damage. The FAA is issuing this AD to address use
of EAI in certain environmental and operational conditions. The
unsafe condition, if not addressed, could result in departure of the
inlet and potential fan cowl failure and departure from the
airplane. The departure of the inlet may cause fuselage and/or
window damage, potentially resulting in decompression and hazard to
window-seated passengers aft of the wing and/or impact damage to the
wing, flight control surfaces, and/or empennage, which could result
in loss of control of the airplane. Inlet loss also causes
significantly increased aerodynamic drag and asymmetric lift due to
wing blanking, which risks fuel exhaustion on certain flights,
resulting in a forced off-airport landing and injury to passengers.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Airplane Flight Manual (AFM) Revision
Within 15 days after the effective date of this AD: Revise the
Limitations Section of the existing AFM to include the information
specified in figure 1 to paragraph (g) of this AD. This may be done
by inserting a copy of figure 1 to paragraph (g) of this AD into the
existing AFM.
[GRAPHIC] [TIFF OMITTED] TR10AU23.010
(h) Minimum Equipment List (MEL) Revision
Within 15 days after the effective date of this AD or upon
completion of the AFM revision required by paragraph (g) of this AD,
whichever occurs first: Revise the operator's existing FAA-approved
MEL to prohibit dispatch under the MEL item corresponding with
Master Minimum Equipment List (MMEL) Item 30-21-01B (Engine (Cowl)
Anti-Ice Valves).
(i) 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 certification office,
send it to the attention of the person identified in paragraph (j)
of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#f9c0d4b8b7b4d4aa9c988d8d959cd4b8bab6d4b8b4b6bad4ab9c888c9c8a8d8ab99f9898d79e968f"><span class="__cf_email__" data-cfemail="a79e8ae6e9ea8af4c2c6d3d3cbc28ae6e4e88ae6eae8e48af5c2d6d2c2d4d3d4e7c1c6c689c0c8d1">[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, 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.
(j) Related Information
For more information about this AD, contact James Laubaugh,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 206-231-3622; email: <a href="/cdn-cgi/l/email-protection#254f444840560b494450474450424d654344440b424a53"><span class="__cf_email__" data-cfemail="85efe4e8e0f6abe9e4f0e7e4f0e2edc5e3e4e4abe2eaf3">[email protected]</span></a>.
(k) Material Incorporated by Reference
None.
Issued on July 31, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-17197 Filed 8-7-23; 4:15 pm]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 10, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.