[Federal Register Volume 86, Number 32 (Friday, February 19, 2021)]
[Rules and Regulations]
[Pages 10171-10173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03462]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / 
Rules and Regulations  

[[Page 10171]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1176; Project Identifier AD-2020-01231-T; 
Amendment 39-21402; AD 2021-02-19]
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 
certain The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. 
This AD requires repetitive general visual inspections of the bilge 
barriers located in the forward and aft cargo compartments for 
disengaged or damaged decompression panels, reinstallation of 
disengaged but undamaged decompression panels, and replacement of 
damaged decompression panels. This AD was prompted by reports of 
multiple incidents of torn decompression panels being found in the 
bilge area. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective March 8, 2021.
    The FAA must receive comments on this AD by April 5, 2021.

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 https://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 https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1176; 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: 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: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA has received reports of multiple incidents of torn 
decompression panels being found in the bilge area. These torn 
decompression panels were found after accomplishment of the actions 
required by AD 2018-05-06, Amendment 39-19215 (83 FR 9688, March 7, 
2018) (AD 2018-05-06), which requires repetitive inspections of the 
bilge barriers in the forward and aft cargo compartments for disengaged 
decompression panels; reinstalling any disengaged panels; and replacing 
the decompression panels with new panels and straps. The torn 
decompression panels present a different unsafe condition than that 
addressed by AD 2018-05-06, so the FAA is issuing this AD to address 
the new unsafe condition. In the event of a cargo fire, significant 
leakage in the bilge area could 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.
    In addition to this AD addressing a different unsafe condition than 
the one specified in AD 2018-05-06, this AD also includes models that 
are not affected by the unsafe condition specified in AD 2018-05-06. 
Both ADs include reinstallation and replacement actions as part of the 
required on-condition actions. AD 2018-05-06 requires certain service 
information for the reinstallation and replacement instructions, which 
refer to airplane maintenance manual (AMM) procedures. However, this AD 
requires using the operator's maintenance or inspection program, as 
applicable, for the reinstallation and replacement instructions.

FAA's Determination

    The FAA is issuing this AD because the agency 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 repetitive inspections of the bilge barriers 
located in the forward and aft cargo compartments for disengaged or 
damaged (torn) decompression panels, reinstalling panels that are 
disengaged but undamaged, and replacing damaged panels.

Interim Action

    The FAA considers this AD 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.

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, in the event of a cargo fire, significant leakage in the bilge 
area could 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. 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. Therefore, the 
FAA finds good cause that notice and opportunity for prior public 
comment are impracticable. In addition, for the

[[Page 10172]]

reasons stated above, the FAA finds that good cause exists for making 
this amendment effective in less than 30 days.

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 the docket number FAA-2020-1176 and Project 
Identifier AD-2020-01231-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 
https://www.regulations.gov, 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 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: [email protected]. 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 (RFA)

    The requirements of the 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 222 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per  product       operators
----------------------------------------------------------------------------------------------------------------
Repetitive inspections.........  3 work-hours x $85 per               $0  $255 per            $56,610 per
                                  hour = $255 per                          inspection cycle.   inspection cycle.
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
inspections. The FAA has no way of determining the number of aircraft 
that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement................................  1 work-hour x $85 per hour = $85...             * $           * $85
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the parts cost estimates for the replacements
  specified in this AD.

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.

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:

[[Page 10173]]

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:

2021-02-19 The Boeing Company: Amendment 39-21402 ; Docket No. FAA-
2020-1176; Project Identifier AD-2020-01231-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 8, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company airplanes identified in 
paragraphs (c)(1) through (3) of this AD, certificated in any 
category.
    (1) Model 787-8 airplanes equipped with bilge assemblies with 
decompression panels having part number (p/n) C412707-107, C412705-
117, C412705-119, or C412705-121.
    (2) Model 787-9 airplanes equipped with bilge assemblies with 
decompression panels having p/n C419701-123, C419701-125, C419701-
127, or C419701-129.
    (3) Model 787-10 airplanes equipped with bilge assemblies with 
decompression panels having p/n 852Z0151-100, 852Z0153-101, or 
852Z0156-103.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
protection.

(e) Unsafe Condition

    This AD was prompted by reports of multiple incidents of torn 
decompression panels being found in the bilge area. 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) Requirements

    Within 30 days after the effective date of this AD, do a general 
visual inspection of the bilge barriers located in the forward and 
aft cargo compartments for disengaged or damaged (torn) 
decompression panels. If any disengaged but 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. Repeat the inspections thereafter at intervals not to 
exceed 120 days.

(h) 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 (i) 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 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.

(i) Related Information

    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: [email protected].

(j) Material Incorporated by Reference

    None.

    Issued on January 19, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-03462 Filed 2-17-21; 11:15 am]
BILLING CODE 4910-13-P