[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Proposed Rules]
[Pages 43794-43797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10507]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1303; Project Identifier AD-2023-01252-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 report of operators receiving No. 1 
flight compartment windows that may not meet type design requirements 
for withstanding a bird impact. This proposed AD would require 
replacing affected No. 1 flight compartment windows and would prohibit 
the installation of affected windows. 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 July 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-2024-1303; 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

[[Page 43795]]

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-2024-1303.

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-2024-1303; Project Identifier 
AD-2023-01252-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 a report that certain No. 1 flight compartment 
windows may not meet type design requirements for withstanding a bird 
impact due to the elimination of a witness test specimen and process 
changes that affect main bondline strength. A number of these windows 
were delivered to operators of Boeing Model 787-8, 787-9, and 787-10 
airplanes.
    In the event of a high-energy bird impact, these windows may spall. 
This condition, if not addressed, could result in injuries to crew that 
may affect continued safe flight and landing.

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-
SB560010-00 RB, Issue 001, dated December 13, 2023. This service 
information specifies procedures for determining whether a left or 
right No. 1 flight compartment window with certain part numbers and 
serial numbers is installed and for replacing any window that has an 
affected part number and serial number.
    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. This proposed AD would also prohibit the installation of 
affected parts. For information on the procedures, see this service 
information at regulations.gov under Docket No. FAA-2024-1303.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 152 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       airplane        operators
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Inspect right and left No. 1 windows..  0.25 work-hour x $85 per              $0          $21.25          $3,230
                                         hour = $21.25.
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    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 airplanes that might 
need these replacements or how many replacements each airplane may 
require:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                 Action                           Labor cost            Parts cost         Cost per airplane
----------------------------------------------------------------------------------------------------------------
Replace No. 1 window....................  16 work-hours x $85 per           $104,060  $105,420 per window.
                                           hour = $1,360.
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[[Page 43796]]

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-2024-1303; Project Identifier AD-
2023-01252-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 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 56, Windows.

(e) Unsafe Condition

    This AD was prompted by a report that certain No.1 flight 
compartment windows may not meet type design requirements for 
withstanding a bird impact due to the elimination of a witness test 
specimen and process changes that affect main bondline strength. The 
FAA is issuing this AD to prevent a window from spalling in the 
event of a high-energy bird impact. The unsafe condition, if not 
addressed, could result in injuries to crew that may affect 
continued safe flight and landing.

(f) Compliance

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

(g) Required Actions

    For airplanes identified in Boeing Alert Requirements Bulletin 
B787-81205-SB560010-00 RB, Issue 001, dated December 13, 2023: 
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-SB560010-00 RB, Issue 001, dated 
December 13, 2023, do all applicable actions identified in, and in 
accordance with, the Accomplishment Instructions of Boeing Alert 
Requirements Bulletin B787-81205-SB560010-00 RB, Issue 001, dated 
December 13, 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-SB560010-00, Issue 001, dated December 13, 2023, which is 
referred to in Boeing Alert Requirements Bulletin B787-81205-
SB560010-00 RB, Issue 001, dated December 13, 2023.

(h) Exceptions to Service Information Specifications

    Where the ``Boeing Recommended Compliance Time'' column in the 
tables under the ``Compliance'' paragraph of Boeing Alert 
Requirements Bulletin B787-81205-SB560010-00 RB, Issue 001, dated 
December 13, 2023, uses the phrase ``the Issue 001 date of the 
Requirements Bulletin B787-81205-SB560010-00 RB,'' this AD requires 
using the effective date of this AD.

(i) Parts Installation Prohibition

    As of the effective date of this AD, do not install on any 
airplane a No. 1 flight compartment window part number 190800-11, -
12, -13, -14, -15, -16, -19, or -20, with a serial number listed in 
Appendix A of Boeing Alert Requirements Bulletin B787-SB560010-00 
RB, Issue 001, dated December 13, 2023.

(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)(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.

(k) 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) Service information identified in this AD that is not 
incorporated by reference is available at the address specified in 
paragraph (l)(3) of this AD.

(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-SB560010-00 
RB, Issue 001, dated December 13, 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.

[[Page 43797]]

    (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 8, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-10507 Filed 5-17-24; 8:45 am]
BILLING CODE 4910-13-P