[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Proposed Rules]
[Pages 74524-74527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26466]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1171; Project Identifier AD-2022-00852-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 supersede Airworthiness Directive (AD) 
2021-08-19, which applies to all The Boeing Company Model 787-8, -9, 
and -10 airplanes. AD 2021-08-19 requires 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. Since the FAA issued AD 2021-08-19, new procedures for 
changing or replacing the bilge barrier assembly in the forward cargo 
compartment have been developed. This proposed AD would retain the 
requirements of AD 2021-08-19 and require changing or replacing the 
bilge barrier assembly in the forward and aft cargo compartments, which 
would terminate the repetitive inspections. The FAA is proposing this 
AD to address the unsafe condition on these products.

[[Page 74525]]


DATES: The FAA must receive comments on this proposed AD by January 20, 
2023.

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 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 myboeingfleet.com. 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 regulations.gov by searching for and 
locating Docket No. FAA-2022-1171.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and locating Docket No. FAA-2022-1171; 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: 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:

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-2022-1171; Project Identifier 
AD-2022-00852-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 
the 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this proposed AD.

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 
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.

Background

    The FAA issued AD 2021-08-19, Amendment 39-21513 (86 FR 20440, 
April 20, 2021) (AD 2021-08-19), for all The Boeing Company Model 787-
8, -9, and -10 airplanes. AD 2021-08-19 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. AD 2021-08-19 requires 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. The FAA issued AD 2021-08-19 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 2021-08-19 Was Issued

    The preamble to AD 2021-08-19 specifies that the FAA considers that 
AD ``interim action'' and that the FAA might consider further 
rulemaking if a modification is developed, approved, and available. The 
manufacturer has since developed such a modification (procedures for 
changing or replacing the bilge barrier assembly in the forward cargo 
compartment), which would terminate the repetitive inspections required 
by AD 2021-08-19. The FAA has determined that this modification should 
be required.

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-
SB500011-00 RB, Issue 001, dated May 10, 2022. This service information 
specifies procedures for changing or replacing the bilge barrier 
assembly in the forward cargo compartments at stations (STA) 345 and 
825 and aft cargo compartment at STA 1304. 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 
the ADDRESSES section.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all of the requirements of AD 2021-
08-19. This proposed AD would also require accomplishing the actions 
identified in Boeing Alert Requirements Bulletin B787-81205-SB500011-00 
RB, Issue 001, dated May 10, 2022, described previously, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD.
    For information on the procedures and compliance times, see this 
service information at regulations.gov by searching for and locating 
Docket No. FAA-2022-1171.

[[Page 74526]]

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 135 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
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Repetitive inspections (retained  3 work-hours x $85  $0................  $255 per            $34,425 per
 actions).                         per hour = $255                         inspection cycle.   inspection cycle.
                                   per inspection
                                   cycle.
Change or replace bilge barrier   Up to 7 work-hours  Up to $12,100.....  Up to $12,695.....  Up to $1,713,825.
 (new proposed action).            x $85 per hour =
                                   $595.
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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
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                  Action                                Labor cost                 Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement (retained requirement)........  1 work-hour x $85 per hour = $85..             $ *              $85
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the parts costs estimates for the replacements.

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 has 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 that the 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:
0
a. Removing Airworthiness Directive (AD) 2021-08-19, Amendment 39-21513 
(86 FR 20440, April 20, 2021), and
0
b. Adding the following new AD:

The Boeing Company: Docket No. FAA-2022-1171; Project Identifier AD-
2022-00852-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) action by January 20, 2023.

(b) Affected ADs

    This AD replaces AD 2021-08-19, Amendment 39-21513 (86 FR 20440, 
April 20, 2021) (AD 2021-08-19).

(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 50, Cargo and 
accessory compartments.

(e) Unsafe Condition

    This AD was prompted by reports of multiple incidents of torn 
decompression panels being found in the bilge area, and the 
development of new procedures for changing or replacing the bilge 
barrier assembly in the forward cargo compartment. 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) Retained Repetitive Inspections and Corrective Action With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2021-08-19 with no changes. 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

[[Page 74527]]

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 
May 5, 2021 (the effective date of AD 2021-08-19): 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 May 5, 2021 (the effective date of AD 2021-08-19): Do the 
initial inspection within 30 days after May 5, 2021. Repeat the 
inspection thereafter at intervals not to exceed 4 calendar months.

(h) Retained MEL Provisions With No Changes

    This paragraph restates the provisions of paragraph (h) of AD 
2021-08-19 with no changes. 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) New Required Actions

    Except as specified by paragraph (j) of this AD: At the 
applicable times specified in the ``Compliance,'' paragraph of 
Boeing Alert Requirements Bulletin B787-81205-SB500011-00 RB, Issue 
001, dated May 10, 2022, do all applicable actions identified in, 
and in accordance with, the Accomplishment Instructions of Boeing 
Alert Requirements Bulletin B787-81205-SB500011-00 RB, Issue 001, 
dated May 10, 2022. Accomplishing the actions required by this 
paragraph terminates the repetitive inspections required by 
paragraph (g) of this AD.
    Note 1 to paragraph (i): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
B787-81205-SB500011-00, Issue 001, dated May 10, 2022, which is 
referred to in Boeing Alert Requirements Bulletin B787-81205-
SB500011-00 RB, Issue 001, dated May 10, 2022.

(j) Exceptions to Service Information Specifications

    Where the Compliance Time column of the table in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin B787-
81205-SB500011-00 RB, Issue 001, dated May 10, 2022, uses the phrase 
``the Issue 001 date of Requirements Bulletin B787-81205-SB500011-00 
RB,'' this AD requires using ``the effective date of this AD.''

(k) 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 (l)(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.
    (4) AMOCs approved for AD 2021-08-19 are approved as AMOCs for 
the corresponding provisions of Boeing Alert Requirements Bulletin 
B787-81205-SB500011-00 RB, Issue 001, dated May 10, 2022, that are 
required by paragraph (i) of this AD.

(l) Related Information

    (1) 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].
    (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 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 September 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-26466 Filed 12-5-22; 8:45 am]
BILLING CODE 4910-13-P