[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Rules and Regulations]
[Pages 2437-2441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01244]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0015; Product Identifier 2018-NM-179-AD; Amendment
39-19550; AD 2019-02-03]
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: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 787-8, 787-9, and 787-10 airplanes. This AD
requires revising the existing maintenance or inspection program, as
applicable, to
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incorporate new or more restrictive airworthiness limitations. This AD
was prompted by reports of warpage of internal engine fire handle
components, which can cause binding and prevent proper operation. We
are issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective February 22, 2019.
We must receive comments on this AD by March 25, 2019.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
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.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0015; 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, the regulatory evaluation, any comments received, and
other information. The street address for Docket Operations (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Rebel Nichols, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206-231-3556; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We have received reports from Boeing of warpage of internal engine
fire handle components, which can cause binding and prevent proper
operation. A latently failed engine fire handle could prevent the fire
extinguishing agent from being able to be released. In the event of
certain engine fires, the potential exists for an engine fire to be
uncontrollable. This unsafe condition, if not addressed, could result
in the inability to extinguish an engine fire that, if uncontrollable,
could lead to wing failure.
FAA's Determination
We are issuing this AD because we evaluated all the relevant
information and 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 maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations.
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this AD, the operator may not be able to
accomplish the actions described in the revisions. In this situation,
to comply with 14 CFR 91.403(c), the operator must request approval for
an alternative method of compliance according to paragraph (j) of this
AD.
Interim Action
We consider this AD interim action. The manufacturer is currently
developing a terminating action that will address the unsafe condition
identified in this AD. Once this terminating action is developed,
approved, and available, we might consider additional rulemaking.
FAA's Justification and Determination of the Effective Date
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 waiving notice and comment prior to adoption of this rule
because warpage of internal engine fire handle components can cause
binding and prevent proper operation. A latently failed engine fire
handle could prevent the fire extinguishing agent from being able to be
released. In the event of certain engine fires, the potential exists
for an engine fire to be uncontrollable, which could lead to wing
failure. Additionally, 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. Therefore, we find good cause that
notice and opportunity for prior public comment are impracticable. In
addition, for the reasons stated above, we find that good cause exists
for making this amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2019-
0015 and Product Identifier 2018-NM-179-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this final rule. We will
consider all comments received by the closing date and may amend this
final rule because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this final rule.
Costs of Compliance
We estimate that this AD affects 120 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
We have determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although we recognize that this number may vary from operator to
operator. In the past, we have estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), we have
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, we estimate the total cost per operator
to be $7,650 (90 work-hours x $85 per work-hour).
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.
We are 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
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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.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.
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) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
Adoption of 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 (AD):
2019-02-03 The Boeing Company: Amendment 39-19550; Docket No. FAA-
2019-0015; Product Identifier 2018-NM-179-AD.
(a) Effective Date
This AD is effective February 22, 2019.
(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 reports of warpage of internal fire
handle components, which can cause binding and prevent proper
operation. We are issuing this AD to address a latent failure of the
engine fire handle, which could result in the inability to
extinguish an engine fire that, if uncontrollable, could lead to
wing failure.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Revision of Maintenance or Inspection Program
Within 14 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to add
airworthiness limitation 28-AWL-FIRE, by incorporating the
information specified in figure 1 to paragraph (g) of this AD into
the Airworthiness Limitations Section of the Instructions for
Continued Airworthiness. The initial compliance time for
accomplishing the actions specified in figure 1 to paragraph (g) of
this AD is within 45 days after the effective date of this AD.
[GRAPHIC] [TIFF OMITTED] TR07FE19.000
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[GRAPHIC] [TIFF OMITTED] TR07FE19.001
(h) No Alternative Actions or Intervals
After accomplishment of the existing maintenance or inspection
program revision required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or intervals may be used
unless the actions or intervals are approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (j) of this AD.
(i) Special Flight Permit
Special flight permits, as described in 14 CFR 21.197 and
21.199, are not allowed.
(j) 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 local Flight Standards District
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 (k) 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 local flight standards district office/certificate holding
district office.
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(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 Commercial Airplanes 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.
(k) Related Information
For more information about this AD, contact Rebel Nichols,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3556; email: [email protected].
(l) Material Incorporated by Reference
None.
Issued in Des Moines, Washington, on January 30, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-01244 Filed 2-6-19; 8:45 am]
BILLING CODE 4910-13-P