[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Rules and Regulations]
[Pages 37755-37760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12405]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1055; Project Identifier AD-2023-00583-T; 
Amendment 39-22445; AD 2023-10-09]
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 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 reports of damaged decompression panels from operators. 
This AD requires repetitive inspections for damaged fastener holes on 
the vertical and bottom edges of the inward and outward blowing 
decompression panels installed on the forward and aft cargo compartment 
vertical sidewall linings and applicable on-condition actions. The FAA 
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective June 26, 2023.
    The FAA must receive comments on this AD by July 24, 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 by 
searching for and locating Docket No. FAA-2023-1055; 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 Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Nicole S. Tsang, Aviation Safety 
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone: 
206-231-3959; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA has received a report indicating operators have found 
damaged fastener holes on vertical sidewall decompression panels 
installed in the forward and aft cargo compartments (i.e., cargo liner 
panel). These decompression panels are designed to open only during a 
decompression event and otherwise remain sealed. Damaged fastener holes 
that exceed the allowable damage limits or fastener holes that are 
folded back during installation could result in movement of the 
decompression panel affecting the seal. This could result in possible 
leakage in the cargo compartments, which in the event of a cargo fire, 
could lead to 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. The FAA is issuing 
this AD to address the unsafe condition on these products.

FAA's Determination

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

AD Requirements

    This AD requires gaining access to the fastener holes on the 
vertical and bottom edges of the inward and outward blowing 
decompression panels installed on the forward and aft cargo compartment 
vertical sidewall linings; repetitive general visual inspections of 
those fastener holes for damage (such as a tear, cut, split, puncture, 
or delamination) and applicable on-condition actions; and making sure 
the panel fastener holes are not folded back when installing the 
decompression panel after completing the general visual inspection. On-
condition actions include replacement of any decompression panel having 
damaged fastener holes that exceed the allowable damage limits with a 
serviceable panel. The allowable damage limits are as follows: damage 
on a fastener hole must not extend beyond the width of the fastener 
hole; if the damage is on one side of the fastener hole and the other 
side of the fastener hole has no damage, the damage must not extend 
more than the diameter of the fastener hole; the decompression panel 
must not have more than two adjacent damaged fastener holes with 
damage; and the decompression panel must not have more than four 
damaged fastener holes. For the purposes of this AD, a serviceable 
panel is one that has not exceeded the allowable damage limits. A 
decompression panel repaired using a method approved by The Boeing 
Company Organization Designation Authorization (ODA) is considered 
serviceable.

Minimum Equipment List (MEL) Provision

    Paragraph (j) of this AD specifies that if any decompression panel 
is damaged and the decompression panel is deemed not serviceable, the 
airplane may be operated as specified in the operator's FAA-approved 
MEL, provided provisions that address the damaged decompression panel 
are included in the MEL.

Interim Action

    The FAA considers this AD to be an interim action. If final action 
is later identified, the FAA might consider further rulemaking then.

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

[[Page 37756]]

final rule without providing notice and seeking comment prior to 
issuance. 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 significant leakage in the cargo compartments, in the event of 
a cargo fire, could lead to insufficient Halon concentrations to 
adequately control the fire. This condition, if not addressed, could 
result in loss of continued safe flight and landing of the airplane. 
Since this issue significantly compromises the fire suppression system, 
which is a required safety feature for extended operations (ETOPS) 
flights, the FAA finds this unsafe condition to be an urgent safety 
issue. In addition, the compliance time for the required action is 
shorter than the time necessary for the public to comment and for 
publication of the final rule. 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-2023-1055 and Project Identifier AD-
2023-00583-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 
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 Nicole 
S. Tsang, Aviation Safety Engineer, FAA, 2200 South 216th St., Des 
Moines, WA 98198; telephone: 206-231-3959; 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 152 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
              Action                     Labor cost       Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Repetitive Inspection.............  8 work-hours x $85            $0  $680 per inspection   $103,360 per
                                     per hour = $680 per               cycle.                inspection cycle
                                     inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
replacement 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 this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement...................................  1 work-hour x $85 per hour = $85          \*\ $0             $85
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data for the parts cost on which to base the cost estimate for the on-
  condition replacement specified in this AD. There are 19 panels on each airplane.

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

[[Page 37757]]

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, 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.

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:

2023-10-09 The Boeing Company: Amendment 39-22445; Docket No. FAA-
2023-1055; Project Identifier AD-2023-00583-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 26, 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 operators have found 
damaged fastener holes on vertical sidewall decompression panels 
installed in the forward and aft cargo compartments (i.e., cargo 
liner panel). The FAA is issuing this AD to address the possibility 
of leakage in the cargo compartments, which in the event of a cargo 
fire, could lead to insufficient Halon concentrations to adequately 
control the fire. The unsafe 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) Definitions

    For the purposes of this AD, the following terms are defined as 
follows.
    (1) A ``general visual inspection'' is a visual examination of 
an interior or exterior area, installation, or assembly to detect 
obvious damage, failure, or irregularity. This level of inspection 
is made from within touching distance, unless otherwise specified. A 
mirror may be necessary to enhance visual access to all exposed 
surfaces in the inspection area. This level of inspection is made 
under normally available lighting conditions such as daylight, 
hangar lighting, flashlight, or drop-light and may require removal 
or opening of access panels or doors. Stands, ladders, or platforms 
may be required to gain proximity to the area being checked. Basic 
cleaning may be required to ensure appropriate visibility.
    (2) A ``damaged fastener hole'' is a fastener hole having damage 
such as a tear, cut, split, puncture, or delamination.
    (3) A ``serviceable panel'' is a decompression panel that has 
not exceeded the allowable damage limits specified in paragraphs 
(g)(3)(i) through (iv) of this AD. A decompression panel repaired 
using a method approved by The Boeing Company Organization 
Designation Authorization (ODA) is considered serviceable.
    (i) If the damage is on the fastener hole, the damage must not 
extend beyond the width of the fastener hole. Refer to figure 1 to 
paragraph (g)(3)(i) of this AD. Where figure 1 to paragraph 
(g)(3)(i) of this AD refers to tears or tearing, this includes all 
types of damage as defined in paragraph (g)(2) of this AD.
BILLING CODE 4910-13-P

[[Page 37758]]

Figure 1 to paragraph (g)(3)(i)--Allowable damage not extending 
beyond fastener hole width
[GRAPHIC] [TIFF OMITTED] TR09JN23.000

    (ii) If the damage is on one side of the fastener hole and the 
other side of the fastener hole has no damage, the damage must not 
extend more than the diameter of the fastener hole. Refer to figure 
2 to paragraph (g)(3)(ii) of this AD. Where figure 2 to paragraph 
(g)(3)(ii) of this AD refers to tears, tearing, or tearing damage, 
this includes all types of damage as defined in paragraph (g)(2) of 
this AD.


[[Page 37759]]


Figure 2 to paragraph (g)(3)(ii)--Allowable damage not extending 
more than fastener hole diameter
[GRAPHIC] [TIFF OMITTED] TR09JN23.001

    (iii) The decompression panel must not have more than two 
adjacent damaged fastener holes.
    Note 1 to paragraph (g)(3)(iii): The limits in paragraphs 
(g)(3)(iii) and (iv) of this AD refer only to the fastener holes 
found on the vertical and bottom edges of the decompression panel. 
These limits do not refer to the fastener holes found on the top 
edge of the decompression panel.
    (iv) The decompression panel must not have more than four 
damaged fastener holes.

(h) Repetitive Inspections

    Within 90 days after the effective date of this AD, or within 90 
days since the date of issuance of the original airworthiness 
certificate or date of issuance of the original export certificate 
of airworthiness, whichever occurs later, accomplish the actions 
specified in paragraphs (h)(1) and (2) of this AD. Repeat the 
actions thereafter at intervals not to exceed 90 days.
    (1) Gain access to the fastener holes on the vertical and bottom 
edges of the inward and outward blowing decompression panels 
installed on the forward and aft cargo compartment vertical sidewall 
linings.
    Note 2 to paragraph (h)(1): Additional guidance for gaining 
access to the fastener holes required by paragraph (h)(1) of this AD 
and performing the general visual inspection required by paragraph 
(h)(2) of this AD can be found in Boeing 787 Aircraft Maintenance 
Manual (AMM) Task B787-A-50-11-08-02A-280A-A, Lower Cargo 
Compartment Decompression Panel Inspection.
    (2) Do a general visual inspection for any damaged fastener 
holes.

(i) Reinstallation or Replacement

    (1) If, during any inspection required by paragraph (h) of this 
AD, no damaged fastener holes are found or any damaged fastener is 
found but the decompression panel is deemed serviceable, before 
further flight, reinstall the decompression panel and make sure the 
panel fastener holes are not folded back.
    Note 3 to paragraph (i)(1): Additional guidance for reinstalling 
the decompression panel required by paragraph (i)(1) of this AD or 
replacing any damaged panel required by paragraph (i)(2) of this AD 
can be found in Boeing 787 AMM Task B787-A-50-11-06-03A-520A-A, 
Forward and Aft Cargo Compartment Vertical Sidewall Lining Removal; 
and Boeing 787 AMM Task B787-A-50-11-06-03A-720A-A, Forward and Aft 
Cargo Compartment Vertical Sidewall Lining Installation.
    Note 4 to paragraph (i)(1): This note applies to paragraphs 
(i)(1) and (2) of this AD. A folded back panel edge could contribute 
to inadvertent movement of the decompression panel.
    (2) If, during any inspection required by paragraph (h) of this 
AD, any damaged fastener hole is found and the decompression panel 
is deemed not serviceable, before further flight, replace the panel 
with a serviceable panel, except as provided by paragraph (j) of 
this AD. Replacement must be done in accordance with the operator's 
maintenance or inspection program, as applicable. Make sure the 
panel fastener holes are not folded back when installing the 
decompression panel.

(j) Minimum Equipment List (MEL) Provisions

    If any decompression panel inspected as required by paragraph 
(h)(2) of this AD is damaged and the decompression panel is deemed 
not serviceable, the airplane may be operated as specified in the 
operator's FAA-approved MEL, provided provisions that address the 
damaged decompression panel are included in the MEL.

(k) Relief for Maintenance Review Board Report (MRBR) Task

    Doing the inspection required by paragraph (h) of this AD is 
acceptable for compliance to Boeing 787 MRBR Task 50-005-00 (general 
visual inspection of cargo compartment liners) for inspecting the 
panel fastener holes required by the existing maintenance or 
inspection program.

[[Page 37760]]

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520 Continued Operational Safety 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 Continued Operational 
Safety Branch, send it to the attention of the person identified in 
paragraph (m)(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 ODA that has been authorized 
by the Manager, AIR-520 Continued Operational Safety 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.

(m) Related Information

    (1) For more information about this AD, contact Nicole S. Tsang, 
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 
98198; telephone: 206-231-3959; email: [email protected].
    (2) For Boeing service information identified in this AD that is 
not incorporated by reference, 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.

(n) Material Incorporated by Reference

    None.

    Issued on May 24, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-12405 Filed 6-7-23; 8:45 am]
BILLING CODE 4910-13-C