Proposed Rule2024-02059
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
February 6, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. This proposed AD was prompted by a determination that the flight deck door decompression panel can strike the captain's seat headrest if a flight deck decompression event occurs when the seat is in a certain position. This proposed AD would require, for certain airplanes, replacing the affected captain's seat assembly. This proposed AD would also prohibit the installation of affected parts. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 25 (Tuesday, February 6, 2024)</title>
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[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Proposed Rules]
[Pages 8109-8111]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02059]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0218; Project Identifier AD-2023-00779-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 adopt a new airworthiness directive (AD)
for all The Boeing Company Model 787-8, 787-9, and 787-10 airplanes.
This proposed AD was prompted by a determination that the flight deck
door decompression panel can strike the captain's seat headrest if a
flight deck decompression event occurs when the seat is in a certain
position. This proposed AD would require, for certain airplanes,
replacing the affected captain's seat assembly. This proposed AD would
also prohibit the installation of affected parts. The FAA is proposing
this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by March 22,
2024.
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> under
Docket No. FAA-2024-0218; 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.
Material Incorporated by Reference:
<bullet> 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; website <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
<bullet> 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-2024-0218.
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#17597e74787b7239443943647679705771767639707861"><span class="__cf_email__" data-cfemail="2967404a46454c077a077d5a48474e694f4848074e465f">[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-2024-0218; Project Identifier
AD-2023-00779-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
this 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 NPRM.
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
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#da94b3b9b5b6bff489f48ea9bbb4bd9abcbbbbf4bdb5ac"><span class="__cf_email__" data-cfemail="9cd2f5fff3f0f9b2cfb2c8effdf2fbdcfafdfdb2fbf3ea">[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 flight deck door decompression panel opens forward if a flight
deck decompression event occurs. The FAA previously certificated flight
deck doors to include this functionality. The FAA has since determined
that the decompression panel could strike the captain's head or face if
the seat is in the aft track position with full recline and full seat
pan tilt during a flight deck decompression event. The captain's seat
headrest is in the path of the decompression panel when the seat is in
the aft track position with full recline and full seat pan tilt. The
decompression panel opens in approximately 20 to 50 milliseconds and
can strike the captain's seat headrest. The FAA is issuing this AD to
address the possibility that the decompression panel could strike the
captain's head or face. The unsafe condition, if not addressed, could
result in serious or potentially fatal injury to the captain after a
flight deck decompression event.
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 Special Attention Requirements Bulletin
B787-81205-SB250294-00 RB, Issue 001, dated June 14, 2023. This service
[[Page 8110]]
information specifies procedures for replacing the affected captain's
seat assembly part number (P/N) S632Z301-21 (Ipeco P/N 3A380-0007-01-7)
with captain's seat assembly P/N S632Z301-31 (Ipeco P/N 3A380-0007-01-
8).
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.
Proposed AD Requirements in This NPRM
For airplanes with affected captain's seat assemblies, this
proposed AD would require accomplishing the actions specified in the
service information already described, except as discussed under
``Difference Between this Proposed AD and the Service Information,''
and except for any differences identified as exceptions in the
regulatory text of this proposed AD. This proposed AD would also
prohibit the installation of affected captain's flight deck seats. For
information on the procedures and compliance times, see this service
information at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-0218.
Related Rulemaking
AD 2016-19-04, Amendment 18653 (81 FR 65857, September 26, 2016)
(AD 2016-19-04), requires repetitive inspections of the captain's and
first officer's seat assemblies on Model 787-8 airplanes, and eventual
installation of new seat assemblies, which terminates the repetitive
tests. AD 2016-19-04 was prompted by uncommanded movement by a
captain's seat during a landing rollout due to a failure in the seat
horizontal actuator. Since that AD was issued, the FAA learned of the
possibility of the decompression panel striking the captain's head or
face when the seat is in the aft track position with full recline and
full seat pan tilt during a flight deck decompression event. A new
captain's seat assembly was developed with reduced seat recline and
seat pan tilt adjustment ranges that preclude interference from the
flight deck door decompression panel that could open when the seat is
in aft seat track positions. Although AD 2016-19-04 affects both the
captain's and first officer's seats, this proposed AD would require
replacing only the captain's seat assembly with the new seat assembly,
which would terminate the requirement to replace the captain's seat
assembly of AD 2016-19-04.
Difference Between This Proposed AD and the Service Information
The effectivity of Boeing Special Attention Requirements Bulletin
B787-81205-SB250294-00 RB, Issue 001, dated June 14, 2023, is limited
to Model 787-8, 787-9, and 787-10 airplanes having certain line
numbers. However, the applicability of this proposed AD includes all
Boeing Model 787-8, 787-9, and 787-10 airplanes. The captain's seat
assembly, Boeing part number (P/N) S632Z301-21 (Ipeco P/N 3A380-0007-
01-7), is a rotable part, so the FAA has determined that these parts
could later be installed on airplanes that were initially delivered
with acceptable seat assemblies, thereby subjecting those airplanes to
the unsafe condition. The FAA has confirmed that the Accomplishment
Instructions in Boeing Special Attention Requirements Bulletin B787-
81205-SB250294-00 RB, Issue 001, dated June 14, 2023, are applicable to
the expanded group of airplanes.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 155 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs
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Action Labor cost Parts cost Cost per product Cost on U.S. operators
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Replacement.................. Up to 3 work- $1,335 Up to $1,590.......... Up to $246,450.
hours x $85 per
hour = $255.
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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.
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 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 this 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 adding the following new airworthiness
directive:
The Boeing Company: Docket No. FAA-2024-0218; Project Identifier AD-
2023-00779-T.
[[Page 8111]]
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by March 22, 2024.
(b) Affected ADs
This AD affects AD 2016-19-04, Amendment 18653 (81 FR 65857,
September 26, 2016) (AD 2016-19-04).
(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 25, Equipment/
furnishings.
(e) Unsafe Condition
This AD was prompted by a determination that the flight deck
door decompression panel can strike the captain's seat headrest if a
flight deck decompression event occurs when the seat is in a certain
position. The FAA is issuing this AD to address the possibility that
the decompression panel could strike the captain's head or face. The
unsafe condition, if not addressed, could result in serious or
potentially fatal injury to the captain after a flight deck
decompression event.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
For airplanes with an original certificate of airworthiness or
original export certificate of airworthiness issued on or before the
effective date of this AD, with a seat assembly having Boeing part
number S632Z301-21 (Ipeco part number 3A380-0007-01-7) installed on
the captain's side: Except as specified by paragraph (h) of this AD,
at the applicable times specified in the ``Compliance'' paragraph of
Boeing Special Attention Requirements Bulletin B787-81205-SB250294-
00 RB, Issue 001, dated June 14, 2023, do all applicable actions
identified in, and in accordance with, the Accomplishment
Instructions of Boeing Special Attention Requirements Bulletin B787-
81205-SB250294-00 RB, Issue 001, dated June 14, 2023.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Special Attention Service
Bulletin B787-81205-SB250294-00 RB, Issue 001, dated June 14, 2023,
which is referred to in Boeing Special Attention Requirements
Bulletin B787-81205-SB250294-00 RB, Issue 001, dated June 14, 2023.
(h) Exceptions to Service Information Specifications
(1) Where the Boeing Recommended Compliance Time column of the
table in the ``Compliance'' paragraph of Boeing Special Attention
Requirements Bulletin B787-81205-SB250294-00 RB, Issue 001, dated
June 14, 2023, uses the phrase ``the Issue 001 date of Requirements
Bulletin B787-81205-SB250294-00 RB,'' this AD requires using ``the
effective date of this AD.''
(2) Where Boeing Special Attention Requirements Bulletin B787-
81205-SB250294-00 RB, Issue 001, dated June 14, 2023, specifies
replacement with captain's seat assemblies having P/N S632Z301-31
(Ipeco P/N 3A380-0007-01-8), this AD requires installing that part
number or a later-approved part number. Later-approved part numbers
are only those that are approved as a replacement for the applicable
captain's seat assembly, and are approved as part of the type design
by the FAA or The Boeing Company Organization Designation
Authorization (ODA) after June 14, 2023 (the issuance date of Boeing
Special Attention Requirements Bulletin B787-81205-SB250294-00 RB,
Issue 001).
(i) Terminating Action for Certain Requirements of AD 2016-19-04
Replacement of the captain's seat assembly as required by
paragraph (g) of this AD terminates the requirements of paragraph
(h)(1) of AD 2016-19-04, for that captain's seat assembly only.
(j) Parts Installation Prohibition
As of the effective date of this AD, no person may install a
captain's seat assembly, Boeing part number (P/N) S632Z301-21 (Ipeco
P/N 3A380-0007-01-7), on any airplane.
(k) 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 (l)
of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#c4fde9858a89e997a1a5b0b0a8a1e985878be985898b87e996a1b5b1a1b7b0b784a2a5a5eaa3abb2"><span class="__cf_email__" data-cfemail="d6effb97989bfb85b3b7a2a2bab3fb979599fb979b9995fb84b3a7a3b3a5a2a596b0b7b7f8b1b9a0">[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.
(l) Related Information
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#b0fed9d3dfdcd59ee39ee4c3d1ded7f0d6d1d19ed7dfc6"><span class="__cf_email__" data-cfemail="f2bc9b919d9e97dca1dca681939c95b2949393dc959d84">[email protected]</span></a>.
(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 Special Attention Requirements Bulletin B787-81205-
SB250294-00 RB, Issue 001, dated June 14, 2023.
(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 <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
(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 material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#86e0f4a8efe8f5f6e3e5f2efe9e8c6e8e7f4e7a8e1e9f0"><span class="__cf_email__" data-cfemail="7214005c1b1c01021711061b1d1c321c1300135c151d04">[email protected]</span></a>.
Issued on January 29, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-02059 Filed 2-5-24; 8:45 am]
BILLING CODE 4910-13-P
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