[Federal Register Volume 89, Number 34 (Tuesday, February 20, 2024)]
[Proposed Rules]
[Pages 12785-12788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03254]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0231; Project Identifier AD-2023-01037-T]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all The Boeing Company Model 787-8,
[[Page 12786]]
787-9, and 787-10 airplanes. This proposed AD was prompted by a report
of heat damage on multiple engine inlets around the engine anti-ice
(EAI) duct within the inlet aft compartment. This proposed AD would
require doing a records check and updating the operator's existing
minimum equipment list (MEL), inspecting the left and right engine
inlet cowl assembly for signs of heat damage around the EAI duct,
installing or replacing the EAI duct seals, repairing any damage, and
replacing the engine inlet if necessary. This proposed AD would also
prohibit the installation of engine inlets under certain conditions.
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 April 5,
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-2024-0231; 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-2024-0231.
FOR FURTHER INFORMATION CONTACT: Tak Kobayashi, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
206-231-3553; 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-2024-0231; Project Identifier
AD-2023-01037-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 Tak
Kobayashi, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone 206-231-3553; 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 has received a report indicating that damage was found
during overhaul on multiple inlets around the EAI duct within the inlet
aft compartment. After investigation, it was found that the seals
between the inner and outer ducts and between the outer duct and the
aft compartment were missing. This led to EAI air leaking into the aft
compartment exposing inlet components to high temperatures. This
condition, if not addressed, could cause damage around the EAI duct,
leading to reduced structural strength and departure of the inlet from
the airplane, resulting in subsequent loss of continued safe flight and
landing or injury to occupants from a departed inlet contacting the
airplane.
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-
SB540023-00 RB, Issue 001, dated September 22, 2023; and Boeing Alert
Requirements Bulletin B787-81205-SB540024-00 RB, Issue 001, dated
September 22, 2023. This service information specifies procedures for
incorporating (or verifying incorporation of) an updated dispatch
deviation guide (DDG) for item 30-21-01-02 into the operator's existing
MEL, checking records to determine whether the inlet has been
dispatched under MEL item 30-21-01-02 or 30-21-01-07 before
incorporation of the DDG 30-21-01-02 update, and applicable related
investigative and corrective actions, including general visual
inspection for signs of heat damage around the EAI duct, conductivity
measurement and hardness test of areas with heat damage, replacement/
installation of the periseal and aft seal, and repair or replacement of
the engine inlet. These documents are distinct since they apply to
different airplane configurations. 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 as specified 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
[[Page 12787]]
also prohibit the installation of affected parts under certain
conditions. For information on the procedures and compliance times, see
this service information at regulations.gov under Docket No. FAA-2024-
0231.
Difference Between This Proposed AD and the Service Information
The applicability in this proposed AD is not limited to the
airplanes identified in paragraph A., ``Effectivity,'' of Boeing Alert
Requirements Bulletin B787-81205-SB540023-00 RB or Boeing Alert
Requirements Bulletin B787-81205-SB540024-00 RB, both Issue 001 and
both dated September 22, 2023. This service information does not
contain a complete list of all airplanes that may be affected by the
identified unsafe condition. Therefore, the applicability of this
proposed AD is all Model 787-8, 787-9, and 787-10 airplanes.
Interim Action
The FAA considers that this proposed AD would be an interim action.
An investigation is ongoing. If final action is later identified, the
FAA might consider further rulemaking then.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 110 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
MEL update and records check........ 5 work-hours x $85 per $0 $425 $46,750
hour = $425.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any investigative
actions or repairs/replacements that would be required based on the
results of the records check. The agency has no way of determining the
number of airplanes that might need these actions:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Inspection................................... 3 work-hours x $85 per hour = $0 $255
$255.
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the conductivity measurement, the hardness test, inlet
replacement, and installation of a new periseal and aft seal, as
specified in this proposed AD.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
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-2024-0231; Project Identifier AD-
2023-01037-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 5, 2024.
(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 54, Nacelles/
pylons.
(e) Unsafe Condition
This AD was prompted by a report of heat damage on multiple
engine inlets around the
[[Page 12788]]
engine anti-ice (EAI) duct within the inlet aft compartment due to
missing seals between the inner and outer ducts and between the
outer duct and the aft compartment. The FAA is issuing this AD to
address EAI air leaking into aft compartment exposing inlet
components to high temperatures, which could result in damage around
the EAI duct. This condition, if not addressed, could lead to
reduced structural strength and departure of the inlet from the
airplane, resulting in subsequent loss of continued safe flight and
landing or injury to occupants from a departed inlet contacting the
airplane.
(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-SB540023-00 RB or B787-81205-
SB540024-00 RB, both Issue 001 and both dated September 22, 2023, as
applicable, do all applicable actions identified in, and in
accordance with, the Accomplishment Instructions of Boeing Alert
Requirements Bulletin B787-81205-SB540023-00 RB or B787-81205-
SB540024-00 RB, both Issue 001 and both dated September 22, 2023, as
applicable.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
B787-81205-SB540023-00, dated September 22, 2023, which is referred
to in Boeing Alert Requirements Bulletin B787-81205-SB540023-00 RB,
Issue 001, dated September 22, 2023.
Note 2 to paragraph (g): Guidance for accomplishing the actions
required by this AD can also be found in Boeing Alert Service
Bulletin B787-81205-SB540024-00, dated September 22, 2023, which is
referred to in Boeing Alert Requirements Bulletin B787-81205-
SB540024-00 RB, Issue 001, dated September 22, 2023.
(h) Exceptions to Service Information Specifications
(1) Where the ``Boeing Recommended Compliance Time'' column in
the tables under the ``Compliance'' paragraph of Boeing Alert
Requirements Bulletin B787-81205-SB540023-00 RB, Issue 001, dated
September 22, 2023, use the phrase ``the Issue 001 date of
Requirements Bulletin B787-81205-SB540023 RB,'' this AD requires
using the effective date of this AD.
(2) Where the ``Boeing Recommended Compliance Time'' columns in
the tables under the ``Compliance'' paragraph of Boeing Alert
Requirements Bulletin B787-81205-SB540024-00 RB, Issue 001, dated
September 22, 2023, use the phrase ``the Issue 001 date of
Requirements Bulletin B787-81205-SB540024 RB,'' this AD requires
using the effective date of this AD.
(3) Where Boeing Alert Requirements Bulletin B787-81205-
SB540023-00 RB, Issue 001, dated September 22, 2023, and Boeing
Alert Requirements Bulletin B787-81205-SB540024-00 RB, Issue 001,
dated September 22, 2023, specify contacting Boeing for repair
instructions, this AD requires doing the repair before further
flight, using a method approved in accordance with the procedures
specified in paragraph (k) of this AD.
(i) Parts Installation Prohibition
After accomplishment of all applicable actions required by
paragraph (g) of this AD on an airplane, no person may install on
that airplane any engine inlet that meets a condition specified in
paragraph (i)(1) or (2) of this AD, unless the engine inlet has been
inspected and applicable corrective actions taken as specified in
Boeing Alert Requirements Bulletin B787-81205-SB540023-00 RB, Issue
001, dated September 22, 2023; or Boeing Alert Requirements Bulletin
B787-81205-SB540024-00 RB, Issue 001, dated September 22, 2023.
(1) If the engine inlet was installed on an airplane that was
dispatched under a dispatch deviation for the operator's existing
minimum equipment list (MEL) item 30-21-01-02 or 30-21-01-07 prior
to incorporation of Boeing 787 Dispatch Deviation Guide (DDG) 30-21-
01-02, as required by this AD.
(2) If the engine inlet was installed on an airplane for which
dispatch under a dispatch deviation for the operator's existing MEL
item 30-21-01-02 or 30-21-01-07 prior to incorporation of Boeing 787
DDG 30-21-01-02, as required by this AD, cannot be determined.
(j) 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 (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, 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.
(k) Related Information
For more information about this AD, contact Tak Kobayashi,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; telephone 206-231-3553; email [email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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-SB540023-00
RB, Issue 001, dated September 22, 2023.
(ii) Boeing Alert Requirements Bulletin B787-81205-SB540024-00
RB, Issue 001, dated September 22, 2023.
(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 February 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-03254 Filed 2-16-24; 8:45 am]
BILLING CODE 4910-13-P