[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Proposed Rules]
[Pages 40747-40749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14412]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0799; Project Identifier AD-2022-00611-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 report indicating that foreign 
object debris (FOD) could have been introduced during rework of certain 
engine fire shutoff switches (EFSS). This proposed AD would require 
determining the serial number of the left and right EFSS and replacing 
affected parts. This proposed AD would also limit the installation of 
affected parts under certain conditions. 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 August 22, 
2022.

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.
    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; internet https://www.myboeingfleet.com. You may 
view this referenced 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 https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0799.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0799; 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.

FOR FURTHER INFORMATION CONTACT: Tak Kobayashi, Aerospace Engineer, 
Propulsion Section, FAA Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3553; email 
[email protected].

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-2022-0799; Project Identifier 
AD-2022-00611-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 
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 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 Tak 
Kobayashi, Aerospace Engineer, Propulsion Section, FAA Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3553; 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.

Background

    The FAA has received a report indicating that FOD could have been 
introduced in the left or right EFSS having certain serial numbers 
during rework at a sub-tier supplier. The affected EFSS are part of the 
engine fire control panel part number (P/N) 412600-003, with left EFSS 
P/N 417000-104 and right EFSS P/N 417000-105. FOD in an EFSS, if not 
addressed, could result in a latent failure and loss of intended 
functions, including the inability to pull the engine fire handle and 
uncommanded activation of the engine fuel shutoff function. The 
inability to pull the engine fire handle when an engine fire is 
detected could lead to an uncontrolled engine fire and subsequent wing 
failure, and uncommanded activation of the fuel shutoff function for an 
engine, which if combined with in-flight shutdown of the remaining 
engine, could lead to total loss of engine thrust. Boeing and the parts 
supplier have notified operators who received affected EFSS parts and 
asked operators to return the parts for inspection and rework to 
address the unsafe condition. Any affected EFSS that has undergone this 
inspection and rework has been marked with ``Inspection Record SB

[[Page 40748]]

D533-1X-003,'' and is acceptable for installation on an airplane.

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 Alert Requirements Bulletin B787-81205-
SB260010-00 RB, Issue 001, dated May 2, 2022. This service information 
specifies procedures for determining the serial number of the left EFSS 
having P/N 417000-104 and the right EFSS having P/N 417000-105, and 
replacing any EFSS having an affected serial number with an EFSS that 
does not have an affected serial number, or with an EFSS that has an 
affected serial number but is marked with ``Inspection Record SB D533-
1X-003.''
    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

    This proposed AD would require accomplishing the actions specified 
in the service information already described, except as discussed under 
``Differences 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 limit 
the installation of affected parts under certain conditions. For 
information on the procedures and compliance times, see this service 
information at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0799.

Other Relevant Rulemaking

    The FAA issued AD 2021-02-06, Amendment 39-21389 (86 FR 10790, 
February 23, 2021) (AD 2021-02-06) to address a latent failure of the 
engine fire handle. AD 2021-02-06 requires, among other actions, 
replacing engine fire control panel part number (P/N) 412600-001 with 
P/N 412600-003, or modifying P/N 412600-001 and re-identifying it as P/
N 412600-003. Engine fire control panel part number P/N 412600-003 
includes left EFSS P/N 417000-104 and right EFSS P/N 417000-105, which 
are the EFSS this proposed AD would require inspecting and replacing if 
necessary. AD 2021-02-06 has a compliance time of within 15 months 
after March 30, 2021, for operators to install or modify the engine 
fire control panel, including the right and left EFSS.

Differences Between This Proposed AD and the Service Information

    The effectivity of Boeing Alert Requirements Bulletin B787-81205-
SB260010-00 RB, Issue 001, dated May 2, 2022, is limited to Model 787 
airplanes having certain line numbers. However, the applicability of 
this proposed AD includes all Boeing Model 787 airplanes. Because the 
affected EFSS are rotable parts, the FAA has determined that these 
parts could later be installed on airplanes that were initially 
delivered with acceptable EFSS, thereby subjecting those airplanes to 
the unsafe condition. The FAA has confirmed that the Accomplishment 
Instructions in Boeing Alert Requirements Bulletin B787-81205-SB260010-
00 RB, Issue 001, dated May 2, 2022, are applicable to the expanded 
group of airplanes.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 132 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Determination of EFSS serial number...  1 work-hour x $85 per                 $0             $85         $11,220
                                         hour = $85.
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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 
proposed inspection. The agency has no way of determining the number of 
aircraft that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                 Action                           Labor cost            Parts cost         Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement of EFSS.....................  2 work-hours x $85 per              $9,685  $9,855
                                           hour = $170.                               (for one EFSS).
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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.

[[Page 40749]]

    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-2022-0799; Project Identifier AD-
2022-00611-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 22, 2022.

(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 a report indicating that foreign object 
debris (FOD) could have been introduced during rework of certain 
engine fire shutoff switches (EFSS). The FAA is issuing this AD to 
address FOD in an EFSS, which if not addressed, could result in a 
latent failure and loss of intended functions, including the 
inability to pull the engine fire handle and uncommanded activation 
of the engine fuel shutoff function. The inability to pull the 
engine fire handle when an engine fire is detected could lead to an 
uncontrolled engine fire and subsequent wing failure and uncommanded 
activation of the fuel shutoff function for an engine, which if 
combined with in-flight shutdown of the remaining engine, could lead 
to total loss of engine thrust.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    For airplanes with an original airworthiness certificate or 
original export certificate of airworthiness issued on or before the 
effective date of this AD: Except as specified by paragraph (h) of 
this AD, at the applicable time specified in the ``Compliance'' 
paragraph of Boeing Alert Requirements Bulletin B787-81205-SB260010-
00 RB, Issue 001, dated May 2, 2022, do all applicable actions 
identified in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Requirements Bulletin B787-81205-
SB260010-00 RB, Issue 001, dated May 2, 2022.
    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
B787-81205-SB260010-00, Issue 001, dated May 2, 2022, which is 
referred to in Boeing Alert Requirements Bulletin B787-81205-
SB260010-00 RB, Issue 001, dated May 2, 2022.

(h) Exceptions to Service Information Specifications

    Where the Compliance Time column of the table in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin B787-
81205-SB260010-00 RB, Issue 001, dated May 2, 2022, uses the phrase 
``the Issue 001 date of Requirements Bulletin B787-81205-SB260010-00 
RB,'' this AD requires using ``the effective date of this AD.''

(i) Parts Installation Limitation

    For airplanes with an original airworthiness certificate or 
original export certificate of airworthiness issued after the 
effective date of this AD: As of the effective date of this AD, no 
person may install a left EFSS P/N 417000-104 or a right EFSS P/N 
417000-105, having a serial number specified in Boeing Alert 
Requirements Bulletin B787-81205-SB260010-00 RB, Issue 001, dated 
May 2, 2022, unless that EFSS is marked with ``Inspection Record SB 
D533-1X-003.''

(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 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 (k)(1) 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.

(k) Related Information

    (1) For more information about this AD, contact Tak Kobayashi, 
Aerospace Engineer, Propulsion Section, FAA Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3553; 
email [email protected].
    (2) 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; internet https://www.myboeingfleet.com. You may view this referenced 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.

    Issued on June 16, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-14412 Filed 7-7-22; 8:45 am]
BILLING CODE 4910-13-P