[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Proposed Rules]
[Pages 43344-43347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10299]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1301; Project Identifier AD-2024-00035-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 certain The Boeing Company Model 787-9 and 787-10 airplanes. This 
proposed AD was prompted by reports that some floor beam side-of-body 
fittings have been manufactured with an incorrect material type. This 
proposed AD would require replacing the incorrectly manufactured floor 
beam side-of-body fittings, inspecting the fuselage frame and fastener 
holes for damage, and repairing any damage. The FAA is proposing this 
AD to address the unsafe condition on these products.

[[Page 43345]]


DATES: The FAA must receive comments on this proposed AD by July 1, 
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-2024-1301; 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, 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 under Docket No. FAA-2024-1301.

FOR FURTHER INFORMATION CONTACT: Joseph Hodgin, Aviation Safety 
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3962; 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-2024-1301; Project Identifier 
AD-2024-00035-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 
Joseph Hodgin, Aviation Safety Engineer, FAA, 2200 South 216th St., Des 
Moines, WA 98198; phone: 206-231-3962; 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 reports that some floor beam side-of-body 
fittings have been manufactured with an incorrect material type between 
station 1233 and station 1593. The incorrect material type is a grade 1 
or 2 commercially pure unalloyed titanium, which has significantly 
reduced strength, fatigue, and damage-tolerance properties compared to 
the type design grade 5 Ti-6AI-4V material. The discrepant floor beam 
side-of-body fitting part numbers are installed on Model 787-9 and -10 
airplanes.
    This condition, if not addressed, could result in failure of the 
fittings. The failure of multiple adjacent fittings may lead to 
inability of the surrounding principal structure elements to sustain 
limit loads and damage to critical systems under the floor; these 
conditions could cause loss of control of the airplane. Additionally, 
in the event of an emergency landing or full certified rapid 
decompression, failure of multiple adjacent fittings could result in 
the inability of the passenger floor grid to maintain the loads and 
could result in serious injury or impeded egress for passengers.

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-
SB530084-00 RB, Issue 001, dated December 8, 2023. This service 
information specifies performing an X-ray fluorescence spectrometer 
inspection of the floor beam side-of-body fittings between station 1233 
and station 1593 to determine whether the fitting was manufactured with 
type design grade 5 Ti-6AI-4V material. Alternatively, operators may 
replace all floor beam side-of-body fittings between station 1233 and 
station 1593 with fittings made of the correct material without 
performing an X-ray fluorescence spectrometer inspection. For any floor 
beam side-of-body fitting that needs replacement, this service 
information specifies inspecting the fuselage frame and fastener holes 
for damage, repairing any damage, and installing a floor beam side-of-
body fitting made of the correct material.
    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. For information on the procedures and compliance times, 
see this service information at regulations.gov under Docket No. FAA-
2024-1301.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 60 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

[[Page 43346]]



                                            Estimated Costs--Option 1
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                                                                              Cost per          Cost on U.S.
              Action                      Labor cost         Parts cost       airplane           operators
----------------------------------------------------------------------------------------------------------------
X-ray fluorescence spectrometer     77 work-hours x $85                $0          $6,545  Up to $392,700.
 inspection to determine material    per hour = $6,545.
 type.
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                                            Estimated Costs--Option 2
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost       airplane
----------------------------------------------------------------------------------------------------------------
Replace all affected floor beam side-of-body    527 work-hours x $85 per hour =         $218,250        $263,045
 fittings and inspect for damage.                $44,795.
----------------------------------------------------------------------------------------------------------------

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

                                         On-Condition Costs for Option 1
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                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        fitting
----------------------------------------------------------------------------------------------------------------
Replace floor beam side-of-body fitting and    18 work-hours x $85 per hour =           $8,730          $10,260
 inspect for damage (per fitting).              $1,530.
----------------------------------------------------------------------------------------------------------------

    The extent of damage found during the inspection done when the 
fittings are replaced could vary significantly from airplane to 
airplane. The FAA has no way of determining how much damage may be 
found on each airplane, the cost to repair damaged parts on each 
airplane, or the number of airplanes that may require repair.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some 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-2024-1301; Project Identifier AD-
2024-00035-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 1, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 787-9 and 787-10 
airplanes, certificated in any category, as identified in Boeing 
Alert Requirements Bulletin B787-81205-SB530084-00 RB, Issue 001, 
dated December 8, 2023.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports that some floor beam side-of-
body fittings have been manufactured with an incorrect material type 
between station 1233 and station 1593. The FAA is issuing this AD to 
address the floor beam side-of-body fittings that do not meet type 
design and prevent

[[Page 43347]]

failure of the fittings. The unsafe condition, if not addressed, 
could result in the inability of the surrounding principal structure 
elements to sustain limit loads and in damage to critical systems 
under the floor; these conditions could cause loss of control of the 
airplane. Additionally, in the event of an emergency landing or full 
certified rapid decompression, failure of multiple adjacent fittings 
could result in the inability of the passenger floor grid to 
maintain the loads and could result in serious injury or impeded 
egress for passengers.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraph (h) of this AD: At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Alert Requirements Bulletin B787-81205-SB530084-00 RB, Issue 001, 
dated December 8, 2023, do all applicable actions identified in, and 
in accordance with, the Accomplishment Instructions of Boeing Alert 
Requirements Bulletin B787-81205-SB530084-00 RB, Issue 001, dated 
December 8, 2023.
    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
B787-81205-SB530084-00, Issue 001, dated December 8, 2023, which is 
referred to in Boeing Alert Requirements Bulletin B787-81205-
SB530084-00 RB, Issue 001, dated December 8, 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-SB530084-00 RB, Issue 001, dated 
December 8, 2023, refers to ``the Issue 001 date of Requirements 
Bulletin B787-81205-SB530084-00 RB,'' this AD requires using the 
effective date of this AD.
    (2) Where Boeing Alert Requirements Bulletin B787-81205-
SB530084-00 RB, Issue 001, dated December 8, 2023, specifies 
contacting Boeing for repair instructions, this AD requires doing 
the repair before further flight using a method approved in 
accordance with the procedures in paragraph (i) of this AD.

(i) 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 
(j)(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 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.

(j) Related Information

    (1) For more information about this AD, contact Joseph Hodgin, 
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 
98198; phone: 206-231-3962; email: [email protected].
    (2) For 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.

(k) 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-SB530084-00 
RB, Issue 001, dated December 8, 2023.
    (ii) [Reserved]
    (3) For service information, 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 May 7, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-10299 Filed 5-16-24; 8:45 am]
BILLING CODE 4910-13-P