[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Proposed Rules]
[Pages 8109-8111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02059]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0218; Project Identifier AD-2023-00779-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 determination that the flight deck 
door decompression panel can strike the captain's seat headrest if a 
flight deck decompression event occurs when the seat is in a certain 
position. This proposed AD would require, for certain airplanes, 
replacing the affected captain's seat assembly. This proposed AD would 
also prohibit the installation of affected parts. 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 March 22, 
2024.

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-2024-0218; 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: 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-2024-0218.

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: 

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-2024-0218; Project Identifier 
AD-2023-00779-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 
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.

Background

    The flight deck door decompression panel opens forward if a flight 
deck decompression event occurs. The FAA previously certificated flight 
deck doors to include this functionality. The FAA has since determined 
that the decompression panel could strike the captain's head or face if 
the seat is in the aft track position with full recline and full seat 
pan tilt during a flight deck decompression event. The captain's seat 
headrest is in the path of the decompression panel when the seat is in 
the aft track position with full recline and full seat pan tilt. The 
decompression panel opens in approximately 20 to 50 milliseconds and 
can strike the captain's seat headrest. The FAA is issuing this AD to 
address the possibility that the decompression panel could strike the 
captain's head or face. The unsafe condition, if not addressed, could 
result in serious or potentially fatal injury to the captain after a 
flight deck decompression event.

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 Special Attention Requirements Bulletin 
B787-81205-SB250294-00 RB, Issue 001, dated June 14, 2023. This service

[[Page 8110]]

information specifies procedures for replacing the affected captain's 
seat assembly part number (P/N) S632Z301-21 (Ipeco P/N 3A380-0007-01-7) 
with captain's seat assembly P/N S632Z301-31 (Ipeco P/N 3A380-0007-01-
8).
    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

    For airplanes with affected captain's seat assemblies, this 
proposed AD would require accomplishing the actions specified in the 
service information already described, except as discussed under 
``Difference 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 
prohibit the installation of affected captain's flight deck seats. For 
information on the procedures and compliance times, see this service 
information at regulations.gov under Docket No. FAA-2024-0218.

Related Rulemaking

    AD 2016-19-04, Amendment 18653 (81 FR 65857, September 26, 2016) 
(AD 2016-19-04), requires repetitive inspections of the captain's and 
first officer's seat assemblies on Model 787-8 airplanes, and eventual 
installation of new seat assemblies, which terminates the repetitive 
tests. AD 2016-19-04 was prompted by uncommanded movement by a 
captain's seat during a landing rollout due to a failure in the seat 
horizontal actuator. Since that AD was issued, the FAA learned of the 
possibility of the decompression panel striking the captain's head or 
face when the seat is in the aft track position with full recline and 
full seat pan tilt during a flight deck decompression event. A new 
captain's seat assembly was developed with reduced seat recline and 
seat pan tilt adjustment ranges that preclude interference from the 
flight deck door decompression panel that could open when the seat is 
in aft seat track positions. Although AD 2016-19-04 affects both the 
captain's and first officer's seats, this proposed AD would require 
replacing only the captain's seat assembly with the new seat assembly, 
which would terminate the requirement to replace the captain's seat 
assembly of AD 2016-19-04.

Difference Between This Proposed AD and the Service Information

    The effectivity of Boeing Special Attention Requirements Bulletin 
B787-81205-SB250294-00 RB, Issue 001, dated June 14, 2023, is limited 
to Model 787-8, 787-9, and 787-10 airplanes having certain line 
numbers. However, the applicability of this proposed AD includes all 
Boeing Model 787-8, 787-9, and 787-10 airplanes. The captain's seat 
assembly, Boeing part number (P/N) S632Z301-21 (Ipeco P/N 3A380-0007-
01-7), is a rotable part, so the FAA has determined that these parts 
could later be installed on airplanes that were initially delivered 
with acceptable seat assemblies, thereby subjecting those airplanes to 
the unsafe condition. The FAA has confirmed that the Accomplishment 
Instructions in Boeing Special Attention Requirements Bulletin B787-
81205-SB250294-00 RB, Issue 001, dated June 14, 2023, are applicable to 
the expanded group of airplanes.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 155 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                 Estimated Costs
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            Action                Labor cost        Parts cost       Cost per product     Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Replacement..................  Up to 3 work-             $1,335   Up to $1,590..........  Up to $246,450.
                                hours x $85 per
                                hour = $255.
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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-2024-0218; Project Identifier AD-
2023-00779-T.

[[Page 8111]]

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 22, 2024.

(b) Affected ADs

    This AD affects AD 2016-19-04, Amendment 18653 (81 FR 65857, 
September 26, 2016) (AD 2016-19-04).

(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 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by a determination that the flight deck 
door decompression panel can strike the captain's seat headrest if a 
flight deck decompression event occurs when the seat is in a certain 
position. The FAA is issuing this AD to address the possibility that 
the decompression panel could strike the captain's head or face. The 
unsafe condition, if not addressed, could result in serious or 
potentially fatal injury to the captain after a flight deck 
decompression event.

(f) Compliance

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

(g) Required Actions

    For airplanes with an original certificate of airworthiness or 
original export certificate of airworthiness issued on or before the 
effective date of this AD, with a seat assembly having Boeing part 
number S632Z301-21 (Ipeco part number 3A380-0007-01-7) installed on 
the captain's side: Except as specified by paragraph (h) of this AD, 
at the applicable times specified in the ``Compliance'' paragraph of 
Boeing Special Attention Requirements Bulletin B787-81205-SB250294-
00 RB, Issue 001, dated June 14, 2023, do all applicable actions 
identified in, and in accordance with, the Accomplishment 
Instructions of Boeing Special Attention Requirements Bulletin B787-
81205-SB250294-00 RB, Issue 001, dated June 14, 2023.
    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Special Attention Service 
Bulletin B787-81205-SB250294-00 RB, Issue 001, dated June 14, 2023, 
which is referred to in Boeing Special Attention Requirements 
Bulletin B787-81205-SB250294-00 RB, Issue 001, dated June 14, 2023.

(h) Exceptions to Service Information Specifications

    (1) Where the Boeing Recommended Compliance Time column of the 
table in the ``Compliance'' paragraph of Boeing Special Attention 
Requirements Bulletin B787-81205-SB250294-00 RB, Issue 001, dated 
June 14, 2023, uses the phrase ``the Issue 001 date of Requirements 
Bulletin B787-81205-SB250294-00 RB,'' this AD requires using ``the 
effective date of this AD.''
    (2) Where Boeing Special Attention Requirements Bulletin B787-
81205-SB250294-00 RB, Issue 001, dated June 14, 2023, specifies 
replacement with captain's seat assemblies having P/N S632Z301-31 
(Ipeco P/N 3A380-0007-01-8), this AD requires installing that part 
number or a later-approved part number. Later-approved part numbers 
are only those that are approved as a replacement for the applicable 
captain's seat assembly, and are approved as part of the type design 
by the FAA or The Boeing Company Organization Designation 
Authorization (ODA) after June 14, 2023 (the issuance date of Boeing 
Special Attention Requirements Bulletin B787-81205-SB250294-00 RB, 
Issue 001).

(i) Terminating Action for Certain Requirements of AD 2016-19-04

    Replacement of the captain's seat assembly as required by 
paragraph (g) of this AD terminates the requirements of paragraph 
(h)(1) of AD 2016-19-04, for that captain's seat assembly only.

(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a 
captain's seat assembly, Boeing part number (P/N) S632Z301-21 (Ipeco 
P/N 3A380-0007-01-7), on any airplane.

(k) 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 certification office, 
send it to the attention of the person identified in paragraph (l) 
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, 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.

(l) Related Information

    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].

(m) 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 Special Attention Requirements Bulletin B787-81205-
SB250294-00 RB, Issue 001, dated June 14, 2023.
    (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 material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on January 29, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-02059 Filed 2-5-24; 8:45 am]
BILLING CODE 4910-13-P