[Federal Register Volume 86, Number 74 (Tuesday, April 20, 2021)]
[Rules and Regulations]
[Pages 20440-20442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08225]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0307; Project Identifier AD-2021-00407-T; 
Amendment 39-21513; AD 2021-08-19]
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 superseding Airworthiness Directive (AD) 2021-02-
19, which applied to certain The Boeing Company Model 787-8, -9, and -
10 airplanes. AD 2021-02-19 required repetitive general visual 
inspections for disengaged or damaged decompression panels of the bilge 
barriers located in the forward and aft cargo compartments, 
reinstallation of disengaged but undamaged panels, and replacement of 
damaged panels. This AD was prompted by reports of multiple incidents 
of torn decompression panels found in the bilge area, and the 
determination that additional airplanes are subject to the unsafe 
condition. This AD retains the requirements of AD 2021-02-19 and 
revises the applicability by including additional airplanes. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 5, 2021.
    The FAA must receive comments on this AD by June 4, 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 at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0307; 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 the 
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 issued AD 2021-02-19, Amendment 39-21402 (86 FR 10171, 
February 19, 2021) (AD 2021-02-19), for certain Boeing Model 787-8, -9, 
and -10 airplanes. AD 2021-02-19 required repetitive general visual 
inspections for disengaged or damaged decompression panels of the bilge 
barriers located in the forward and aft cargo compartments, 
reinstallation of disengaged but undamaged panels, and replacement of 
damaged panels. AD 2021-02-19 was prompted by reports of multiple 
incidents of torn decompression panels found in the bilge area. The FAA 
issued AD 2021-02-19 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.

Actions Since AD 2021-02-19 Was Issued

    Since the FAA issued AD 2021-02-19, the agency received new 
information indicating that additional airplanes may be subject to the 
unsafe condition. The applicability of AD 2021-02-19 was limited to 
airplanes having bilge assemblies with certain decompression panels. 
Certain other decompression panels were inadvertently omitted from the 
applicability. The FAA determined that all of the decompression panel 
part numbers may be subject to damage (tearing) or becoming disengaged.

FAA's Determination

    The FAA is issuing this AD because the agency determined the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type design.

AD Requirements

    This AD retains all requirements of AD 2021-02-19 and revises the 
applicability to include all Model 787-8, -9, and -10 airplanes.

Explanation of Serviceable Part

    This AD requires replacing damaged decompression panels with new or 
serviceable parts. For purposes of this AD, a serviceable part is 
airworthy and eligible for installation. While the part does not need 
to be new, it must conform to type design and be in condition for safe 
operation. A decompression panel repaired using an approved maintenance 
program is considered serviceable.

MEL Provision

    Paragraph (h) of this AD specifies that if any decompression panel 
is disengaged or damaged, the airplane may be operated as specified in 
the operator's existing FAA-approved minimum equipment list (MEL), 
provided provisions that address the damaged or disengaged 
decompression panels are included in the MEL.

Explanation of Revised Repetitive Interval

    The repetitive inspection interval required by AD 2021-02-19 was 
120 days. This repetitive interval has been changed in this AD to 4 
calendar months to better align the interval with routine operator 
maintenance scheduling. This change will continue to provide an 
adequate level of safety.

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.

[[Page 20441]]

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 leakage in the bilge area could, in the event of a cargo fire, 
result in insufficient Halon concentrations to adequately control the 
fire, and possible loss of continued safe flight and landing of the 
airplane. 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-2021-0307 and Project Identifier 
AD-2021-00407-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

    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 222 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 inspections.........  3 work-hours x $85 per               $0  $85 per inspection  $56,610 per
                                  hour = $255 per                          cycle.              inspection cycle.
                                  inspection cycle.
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    The FAA estimates the following costs to do any necessary 
replacements 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 these replacements:

                                               On-Condition Costs
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement...................................  1 work-hour x $85 per hour = $85             (*)           * $85
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* 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:

[[Page 20442]]

    (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:

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:
0
a. Removing Airworthiness Directive (AD) 2021-02-19, Amendment 39-21402 
(86 FR 10171, February 19, 2021); and
0
b. Adding the following new AD:

2021-08-19 The Boeing Company: Amendment 39-21513 ; Docket No. FAA-
2021-0307; Project Identifier AD-2021-00407-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 5, 2021.

(b) Affected ADs

    This AD replaces AD 2021-02-19, Amendment 39-21402 (86 FR 10171, 
February 19, 2021) (AD 2021-02-19).

(c) Applicability

    This AD applies to all The Boeing Company Model 787-8, -9, and -
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 multiple incidents of torn 
decompression panels being found in the bilge area and the 
determination that additional airplanes are subject to the unsafe 
condition. 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) Repetitive Inspections and Corrective Action

    At the applicable times specified in paragraph (g)(1) or (2) of 
this AD: Do a general visual inspection for disengaged or damaged 
(torn) decompression panels of the bilge barriers located in the 
forward and aft cargo compartments. 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.
    (1) If a general visual inspection for disengaged or damaged 
(torn) decompression panels of the bilge barriers was done before 
the effective date of this AD: Do the next inspection within 4 
calendar months after the most recent inspection. Repeat the 
inspection thereafter at intervals not to exceed 4 calendar months.
    (2) If a general visual inspection for disengaged or damaged 
(torn) decompression panels of the bilge barriers was not done 
before the effective date of this AD: Do the initial inspection 
within 30 days after the effective date of this AD. Repeat the 
inspection thereafter at intervals not to exceed 4 calendar months.

(h) MEL Provisions

    If any decompression panel inspected as required by this AD is 
disengaged or damaged, the airplane may be operated as specified in 
the operator's existing FAA-approved minimum equipment list (MEL), 
provided provisions that address the disengaged or damaged 
decompression panels are included in the MEL.

(i) 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 Related Information. 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.

(j) 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].

(k) Material Incorporated by Reference

    None.

    Issued on April 9, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-08225 Filed 4-16-21; 4:15 pm]
BILLING CODE 4910-13-P