[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Rules and Regulations]
[Pages 76413-76416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27020]


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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; 
Amendment 39-22251; AD 2022-24-11]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. 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 (EFSSs). This AD requires determining the serial number of the 
left and right EFSS and replacing affected parts. This AD also limits 
the installation of affected parts under certain conditions. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 18, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 18, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
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 final rule, any comments received, and other 
information. The address for Docket Operations is U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
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; website 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 under Docket No. FAA-2022-0799.

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

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all The Boeing Company 
Model 787-8, 787-9, and 787-10 airplanes. The NPRM published in the 
Federal Register on July 8, 2022 (87 FR 40747). The NPRM was prompted 
by a report indicating that FOD could have been introduced during 
rework of certain EFSSs. In the NPRM, the FAA proposed to require 
determining the serial number of the left and right EFSSs and replacing 
affected parts. The FAA also proposed to limit the installation of 
affected parts under certain conditions. 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, combined with in-flight shutdown 
of the remaining engine, could lead to total loss of engine thrust.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from The Airline Pilots Association, 
International (ALPA) and United Airlines who both supported the NPRM 
without change.
    The FAA received additional comments from Qatar Airways and Boeing. 
The following presents the comments received on the NPRM and the FAA's 
response.

[[Page 76414]]

Request for Guidance if an EFSS Has Two Labels

    Qatar Airways requested the FAA's guidance regarding how to handle 
an EFSS having two identification labels. The commenter explained that 
it has done ``spot checks'' of EFSS spares and discovered parts with 
both ``pre-modification'' and ``post-modification'' nameplates/labels. 
The commenter stated that having two identification labels on the EFSS 
could create confusion and lead to erroneous updating of airplane 
records, leading to a possible non-compliance with the final AD. The 
commenter indicated that the EFSS manufacturer should be able to 
provide the list of EFSS parts that have both ``pre-modification'' and 
``post-modification'' labels.
    The FAA acknowledges that some EFSSs could have both ``pre-
modification'' and ``post-modification'' labels, which could be 
confusing. However, having both labels on a part would not affect an 
operator's ability to comply with the requirements of this AD. This AD 
requires 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 that has 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.'' The 
``post-modification'' label on an EFSS specifies the part number, 
either P/N 417000-104 or PN 417000-105. The serial number remains the 
same regardless of modification.
    The modification referred to on the EFSS labels addresses the 
requirements of AD 2021-02-06, Amendment 39-21389 (86 FR 10790, 
February 23, 2021), which required replacement of EFSSs having P/Ns 
417000-101 and 417000-102 with EFSSs having P/Ns 417000-104 and 417000-
105, respectively. This modification was made to EFSSs having P/Ns 
417000-101 and 417000-102, followed by re-identification of those part 
numbers as P/Ns 417000-104 and 417000-105. It addresses a design issue 
that caused a latent failure of the EFSS and is not the subject of this 
AD. When this modification was accomplished at a sub-tier supplier, 
however, FOD could have been introduced inside the EFSS, and this FOD 
issue is the subject of this AD. The FAA has not changed this AD in 
response to this comment.

Request To Clarify Affected Airplanes

    Boeing requested a revision to the FAA's Determination section in 
the NPRM, which stated that the unsafe condition is ``likely to exist 
or develop on other products of the same type design.'' Boeing 
recommends that the NPRM instead clarify that the unsafe condition is 
``contained to only 787-8, 787-9, and 787-10 airplanes having certain 
line numbers identified to be impacted by the unsafe condition.'' 
Boeing asserted that the nonconformance applies only to a specific 
group of EFSS serial numbers that were affected at the rework site, and 
is not endemic to the type design.
    The FAA acknowledges that FOD inside the EFSS is not endemic to the 
type design since it was introduced during rework at a sub-tier 
supplier. However, because the Determination section in the preamble of 
the NPRM is not repeated in this AD, the FAA cannot provide the 
clarification requested by the commenter. Furthermore, the affected 
EFSS serial numbers can be installed on any Model 787 airplane, 
therefore the unsafe condition is not limited to certain Model 787-8, 
787-9, and 787-10 airplane line numbers. The FAA has not changed this 
AD in response to this comment.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety requires adopting this AD as 
proposed. Except for minor editorial changes, this AD is adopted as 
proposed in the NPRM. None of the changes will increase the economic 
burden on any operator.

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.

Costs of Compliance

    The FAA estimates that this AD affects 132 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     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.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
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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[[Page 76415]]

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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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.

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:

2022-24-11 The Boeing Company: Amendment 39-22251; Docket No. FAA-
2022-0799; Project Identifier AD-2022-00611-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 18, 2023.

(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 (EFSSs). 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, 
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) 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

    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: 206-231-3553; email 
[email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin B787-81205-SB260010-00 
RB, Issue 001, dated May 2, 2022.
    (ii) [Reserved]
    (3) 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; website myboeingfleet.com.

[[Page 76416]]

    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 16, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-27020 Filed 12-13-22; 8:45 am]
BILLING CODE 4910-13-P