[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Proposed Rules]
[Pages 21120-21123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07368]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0657; Project Identifier AD-2022-01351-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 reports of undetected water leaks from 
the faucet control module (FCM) migrating below the passenger floor in 
multiple lavatory locations during flight, and into the electronic 
equipment bay(s). This proposed AD would require repetitive general 
visual inspections of the area under all lavatory washbasins for 
evidence of intermittent and active leaks at the FCM and applicable on-
condition actions. 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 May 25, 
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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0657; 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.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact 
Boeing Commercial Airplanes, Attention:

[[Page 21121]]

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 by searching for and locating Docket No. FAA-2023-0657.

FOR FURTHER INFORMATION CONTACT: Courtney Tuck, Aerospace Engineer, 
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-
3986; 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-2023-0657; Project Identifier 
AD-2022-01351-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 
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 
Courtney Tuck, Aerospace Engineer, Cabin Safety and Environmental 
Systems Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone: 206-231-3986; 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 received reports of undetected water leaks from the faucet 
control module (FCM) migrating below the passenger floor in multiple 
lavatory locations during flight, and into the electronic equipment 
bay(s), which could damage flight critical equipment. One operator 
found wet carpet around the flight deck which led to an inspection of 
their fleet. After inspecting their fleet, multiple airplanes had water 
leaking from the FCMs.
    The FCMs are located under the sinks in each lavatory and have an 
O-ring seal at the top of the FCM mixing chamber, which has been 
identified as the source of the leak. When the FCM is activated and the 
lavatory faucet is in use, a small amount of water can leak past the O-
ring. The leak path is out of the lavatory module and through the 
airplane floor. Intermittent leakage will have a slow leak rate 
(approximately 8 ounces per hour) but a long latency period because it 
is difficult to detect.
    This condition, if not addressed, could result in loss of multiple 
line replaceable units (LRUs) and subsequent loss of continued safe 
flight and landing.

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-
SB250290-00 RB, Issue 001, dated November 1, 2022. This service 
information specifies procedures for a repetitive general visual 
inspection of the area under all lavatory washbasins for evidence of 
intermittent and active leaks at the FCM and applicable on-condition 
actions. On-condition actions include replacing the affected FCM with 
new or serviceable FCM at affected lavatory washbasin(s), and do a leak 
test. If a leak is found, do applicable corrective action. Repeat the 
leak test and make sure no leak is found.
    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 for any differences 
identified as exceptions in the regulatory text of this proposed AD, 
and except as discussed under ``Differences Between this Proposed AD 
and the Service Information.'' For information on the procedures and 
compliance times, see this service information at regulations.gov by 
searching for and locating Docket No. FAA-2023-0657.

Interim Action

    The FAA considers that this proposed AD would be an interim action. 
The manufacturer is currently developing a redesigned FCM that will 
address the unsafe condition identified in this AD. Once this FCM is 
developed, approved, and available, the FAA might consider additional 
rulemaking.

Differences Between This Proposed AD and the Service Information

    The effectivity of Boeing Alert Requirements Bulletin B787-81205-
SB250290-00 RB, Issue 001, dated November 1, 2022, is limited to Model 
787-8, -9, and -10 airplanes, line numbers 6 through 9996. However, the 
applicability of this proposed AD includes all Boeing Model 787-8, 787-
9, and 787-10 airplanes. The FAA has determined that until the 
redesigned FCM is developed, approved, and available, the interim 
solution provided in this proposed AD must be required for all Model 
787-8, -9, and -10 airplanes. If an airplane has a redesigned FCM 
installed in production that would eliminate the need for the interim 
solution, the operator may request an alternative method of compliance 
(AMOC) in accordance with the procedures specified in the AD. Further, 
if the FAA later obtains updated information from Boeing regarding new 
production airplanes that have the redesigned FCM, the agency may 
consider revising the applicability of the final rule to exclude 
airplanes with the redesigned FCM.

[[Page 21122]]

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 140 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
----------------------------------------------------------------------------------------------------------------
Inspection........................  1 work-hour x $85                 $0   $85 per inspection           $11,900
                                     per hour = $85 per                     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 
proposed inspection. The agency 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 =             $6,021           $6,106
                                                $85.
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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.
    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-2023-0657; Project Identifier AD-
2022-01351-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 25, 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 38, Water/waste.

(e) Unsafe Condition

    This AD was prompted by reports of undetected water leaks from 
the faucet control module (FCM) migrating below the passenger floor 
in multiple lavatory locations during flight, and into the 
electronic equipment bay(s). The FAA is issuing this AD to address 
undetected water leaks, which could damage flight critical 
equipment. The unsafe condition, if not addressed, could result in 
loss of multiple line replaceable units (LRUs) and subsequent loss 
of continued safe flight and landing.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Alert Requirements Bulletin B787-81205-SB250290-00 RB, Issue 001, 
dated November 1, 2022, do all applicable actions identified in, and 
in accordance with, the Accomplishment Instructions of Boeing Alert 
Requirements Bulletin B787-81205-SB250290-00 RB, Issue 001, dated 
November 1, 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-SB250290-00, Issue 001, dated November 1, 2022, which is 
referred to in Boeing Alert Requirements Bulletin B787-81205-
SB250290-00, Issue 001, dated November 1, 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-SB250290-00 RB, Issue 001, dated November 1, 2022, uses the 
phrase ``the Issue 001 date of the Requirements Bulletin B787-

[[Page 21123]]

81205-SB250290-00 RB,'' this AD requires using ``the effective date 
of this AD.''

(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 paragraph (j) 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.

(j) Related Information

    For more information about this AD, contact Courtney Tuck, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone: 206-231-3986; email: [email protected].

(k) 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-SB250290-00 
RB, Issue 001, dated November 1, 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.
    (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 March 24, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07368 Filed 4-7-23; 8:45 am]
BILLING CODE 4910-13-P