[Federal Register Volume 89, Number 57 (Friday, March 22, 2024)]
[Proposed Rules]
[Pages 20363-20364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05913]



[[Page 20363]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0876; Project Identifier AD-2021-00999-T]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The FAA is withdrawing a notice of proposed rulemaking (NPRM) 
that proposed to adopt a new airworthiness directive (AD) that would 
have applied to certain The Boeing Company Model 787-8, 787-9, and 787-
10 airplanes. The NPRM was prompted by a report indicating that during 
regular pre-flight checks, multiple door assist handles failed by 
pulling loose from their lower attachment point in the doorway support 
bracket. The NPRM would have required, depending on airplane 
configuration, inspecting the forward and aft door assist handles for 
correct installation, installing a new retainer above the lower keyway 
of the support bracket assembly at certain locations, installing a 
placard on certain support bracket assemblies, re-identifying the 
support bracket assembly, and replacing the upper spring clip. Since 
issuance of the NPRM, the FAA has determined that the intended 
corrective actions do not address the unsafe condition. Accordingly, 
the NPRM is withdrawn.

DATES: As of March 22, 2024, the proposed rule, which was published in 
the Federal Register on September 22, 2022 (87 FR 57850), is withdrawn.

ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov 
under Docket No. +FAA-2022-0876; 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 AD action, any comments received, 
and other information. The street address for Docket Operations is 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Brandon Lucero, Aviation Safety 
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3569; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued an NPRM that proposed to amend 14 CFR part 39 by 
adding an AD that would apply to certain The Boeing Company Model 787-
8, 787-9, and 787-10 airplanes. The NPRM was published in the Federal 
Register on September 22, 2022 (87 FR 57850). The NPRM was prompted by 
a report that during regular pre-flight checks, multiple door assist 
handles failed by pulling loose from their lower attachment point in 
the doorway support bracket. The NPRM proposed to require, depending on 
airplane configuration, inspecting the forward and aft door assist 
handles for correct installation, installing a new retainer above the 
lower keyway of the support bracket assembly at certain locations, 
installing a placard on certain support bracket assemblies, 
reidentifying the support bracket assembly, and replacing the upper 
spring clip.
    The proposed actions were intended to address loose or detached 
door assist handles, which could result in injury to passengers, crew, 
or maintenance personnel due to falling out of the airplane when 
opening the door, and could limit exit from the airplane during a time-
limited emergency evacuation.

Actions Since the NPRM Was Issued

    Since issuance of the NPRM, the FAA has determined that the 
proposed corrective actions do not mitigate the unsafe condition. The 
FAA continues to work with Boeing to develop an acceptable corrective 
action and corresponding service information, and is considering 
further rulemaking to address the identified unsafe condition.
    Withdrawal of the NPRM constitutes only such action and does not 
preclude the FAA from further rulemaking on this issue, nor does it 
commit the FAA to any course of action in the future.

Comments

    The FAA received a comment from the Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.
    The FAA received additional comments from Avianca Airlines and 
United Airlines. The following presents the comments received on the 
NPRM and the FAA's response to each comment.

Request To Change the Air Transport Association (ATA) of America Code

    Avianca Airlines requested that paragraph (d), Subject, of the 
proposed AD be changed to ``Code 25, Equipment and furnishings.'' 
Avianca Airlines suggested the proposed AD should be consistent with 
the ATA chapter as classified by the service information. Boeing 
Requirements Bulletin B787-81205-SB250253-00 RB, Issue 001, dated June 
18, 2021; and Boeing Requirements Bulletin B787-81205-SB250254-00 RB, 
Issue 001, dated February 22, 2021; are under the scope of ATA 25.
    The FAA agrees with the change requested by the commenter, but 
because the FAA is withdrawing the NPRM, the request is no longer 
necessary.

Request To Include the Later Revisions for a Safran Service Bulletin

    United Airlines Engineering concurred with the work scope and 
compliance time of the NPRM, but requested that the proposed AD include 
later revisions of Safran SB C355101-25-02 since it has been revised to 
Revision 3, dated July 16, 2021. Paragraph (h)(3) of the proposed AD 
covers only SAFRAN Service Bulletin C355101-25-02, Revision 2, dated 
February 24, 2021. The commenter requested that paragraph (h)(3) of the 
proposed AD be changed to ``SAFRAN Service Bulletin C355101-25-02, 
Revision 2, dated February 24, 2021 or later.''
    The FAA acknowledges the comment. However, because the NPRM is 
being withdrawn, the commenter's request is no longer necessary.

FAA's Conclusions

    Upon further consideration, the FAA has determined that the NPRM 
does not adequately address the identified unsafe condition. 
Accordingly, the NPRM is withdrawn.

Regulatory Findings

    Since this action only withdraws an NPRM, it is neither a proposed 
nor a final rule. This action therefore is not covered under Executive 
Order 12866, the Regulatory Flexibility Act, or DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Withdrawal

    Accordingly, the notice of proposed rulemaking (Docket No. FAA-
2022-0876), which was published in the Federal Register on September 
22, 2022 (87 FR 57850), is withdrawn.


[[Page 20364]]


    Issued on March 15, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-05913 Filed 3-21-24; 8:45 am]
BILLING CODE 4910-13-P