Airworthiness Directives; The Boeing Company Airplanes

Published date20 February 2024
Record Number2024-03254
Citation89 FR 12785
CourtFederal Aviation Administration
SectionProposed rules
Federal Register, Volume 89 Issue 34 (Tuesday, February 20, 2024)
[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]
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                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
                

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