Airworthiness Directives; The Boeing Company Airplanes, 74524-74527 [2022-26466]
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74524
Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Proposed Rules
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Airbus Canada Limited Partnership (Type
Certificate Previously Held by C Series
Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Docket No. FAA–
2022–1492; Project Identifier MCAI–
2022–01184–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by January 20,
2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Canada Limited
Partnership (Type Certificate previously held
by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Model BD–500–
1A10 airplanes, certificated in any category,
as identified in Transport Canada AD CF–
2022–51, dated September 13, 2022
(Transport Canada AD CF–2022–51).
(d) Subject
Air Transport Association (ATA) of
America Code: 25, Equipment/furnishings.
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(e) Unsafe Condition
This AD was prompted by reports the
overwing emergency exit door (OWEED)
escape line may be incorrectly installed. The
FAA is issuing this AD to ensure the OWEED
escape line is installed correctly. The unsafe
condition, if not addressed, could result in
the OWEED escape line not deploying,
resulting in possible passenger injury
following a ditching event.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, Transport Canada AD CF–
2022–51.
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(h) Exception to Transport Canada AD CF–
2022–51
Where Transport Canada AD CF–2022–51
refers to its effective date, this AD requires
using the effective date of this AD.
(i) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
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 ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
(516) 228–7300. Before using any approved
AMOC, notify your appropriate principal
inspector, or lacking a principal inspector,
the manager of the responsible Flight
Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, New York ACO Branch,
FAA; or Transport Canada; or Airbus Canada
Limited Partnership’s Transport Canada
Design Organization Approval (DOA). If
approved by the DOA, the approval must
include the DOA-authorized signature.
(3) Required for Compliance (RC): Except
as required by paragraph (i)(2) of this AD, if
any service information contains procedures
or tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(j) Additional Information
For more information about this AD,
contact Chirayu Gupta, Aerospace Engineer,
Mechanical Systems and Administrative
Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone (516) 228–
7300; email 9-avs-nyaco-cos@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) 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 this AD specifies otherwise.
(i) Transport Canada AD CF–2022–51,
dated September 13, 2022.
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(ii) [Reserved]
(3) For Transport Canada AD CF–2022–51,
contact Transport Canada National Aircraft
Certification, 159 Cleopatra Drive, Nepean,
Ontario K1A 0N5, Canada; telephone (888)
663–3639; email AD-CN@tc.gc.ca; website
tc.canada.ca/en/aviation.
(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 service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on November 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–26408 Filed 12–5–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1171; Project
Identifier AD–2022–00852–T]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2021–08–19, which applies to all The
Boeing Company Model 787–8, –9, and
–10 airplanes. AD 2021–08–19 requires
repetitive general visual inspections for
disengaged or damaged decompression
panels of the bilge barriers located in
the forward and aft cargo compartments,
reinstallation of disengaged but
undamaged panels, and replacement of
damaged panels. Since the FAA issued
AD 2021–08–19, new procedures for
changing or replacing the bilge barrier
assembly in the forward cargo
compartment have been developed. This
proposed AD would retain the
requirements of AD 2021–08–19 and
require changing or replacing the bilge
barrier assembly in the forward and aft
cargo compartments, which would
terminate the repetitive inspections. The
FAA is proposing this AD to address the
unsafe condition on these products.
SUMMARY:
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Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Proposed Rules
The FAA must receive comments
on this proposed AD by January 20,
2023.
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.
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;
internet 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–2022–1171.
DATES:
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Examining the AD Docket
You may examine the AD docket at
regulations.gov by searching for and
locating Docket No. FAA–2022–1171; 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.
FOR FURTHER INFORMATION CONTACT:
Brandon Lucero, Aerospace Engineer,
Cabin Safety and Environmental
Systems Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3569; email: brandon.lucero@
faa.gov.
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–2022–1171; Project Identifier AD–
2022–00852–T’’ at the beginning of your
comments. The most helpful comments
reference a specific portion of the
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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 the 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 proposed AD.
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 Brandon Lucero,
Aerospace Engineer, Cabin Safety and
Environmental Systems Section, FAA,
Seattle ACO Branch, 2200 South 216th
St., Des Moines, WA 98198; phone and
fax: 206–231–3569; email:
brandon.lucero@faa.gov. 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 issued AD 2021–08–19,
Amendment 39–21513 (86 FR 20440,
April 20, 2021) (AD 2021–08–19), for all
The Boeing Company Model 787–8, –9,
and –10 airplanes. AD 2021–08–19 was
prompted by reports of multiple
incidents of torn decompression panels
found in the bilge area, and the
determination that additional airplanes
are subject to the unsafe condition. AD
2021–08–19 requires repetitive general
visual inspections for disengaged or
damaged decompression panels of the
bilge barriers located in the forward and
aft cargo compartments, reinstallation of
disengaged but undamaged panels, and
replacement of damaged panels. The
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FAA issued AD 2021–08–19 to address
the possibility of leakage in the bilge
area, which could, in the event of a
cargo fire, result in insufficient Halon
concentrations to adequately control the
fire. This condition, if not addressed,
could result in the loss of continued safe
flight and landing of the airplane.
Actions Since AD 2021–08–19 Was
Issued
The preamble to AD 2021–08–19
specifies that the FAA considers that
AD ‘‘interim action’’ and that the FAA
might consider further rulemaking if a
modification is developed, approved,
and available. The manufacturer has
since developed such a modification
(procedures for changing or replacing
the bilge barrier assembly in the forward
cargo compartment), which would
terminate the repetitive inspections
required by AD 2021–08–19. The FAA
has determined that this modification
should be required.
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–
SB500011–00 RB, Issue 001, dated May
10, 2022. This service information
specifies procedures for changing or
replacing the bilge barrier assembly in
the forward cargo compartments at
stations (STA) 345 and 825 and aft cargo
compartment at STA 1304. 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 the ADDRESSES section.
Proposed AD Requirements in This
NPRM
This proposed AD would retain all of
the requirements of AD 2021–08–19.
This proposed AD would also require
accomplishing the actions identified in
Boeing Alert Requirements Bulletin
B787–81205–SB500011–00 RB, Issue
001, dated May 10, 2022, described
previously, 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 by
searching for and locating Docket No.
FAA–2022–1171.
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Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Proposed Rules
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 135
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS
Action
Repetitive inspections (retained actions).
Change or replace bilge
barrier (new proposed
action).
Labor cost
Parts cost
3 work-hours × $85 per
hour = $255 per inspection cycle.
Up to 7 work-hours × $85
per hour = $595.
$0 ......................................
$255 per inspection cycle
$34,425 per inspection
cycle.
Up to $12,100 ...................
Up to $12,695 ...................
Up to $1,713,825.
The FAA estimates the following
costs to do any necessary replacements
that would be required based on the
Cost per product
results of the proposed inspection. The
agency has no way of determining the
Cost on U.S. operators
number of aircraft that might need these
replacements:
ON-CONDITION COSTS
Action
Labor cost
Parts cost
Cost per
product
Replacement (retained requirement)
1 work-hour × $85 per hour = $85 ............................................................
$*
$85
* The FAA has received no definitive data on which to base the parts costs estimates for the replacements.
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.
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Regulatory Findings
The FAA has 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 that the proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
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(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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2021–08–19, Amendment 39–
21513 (86 FR 20440, April 20, 2021),
and
■ b. Adding the following new AD:
■
■
The Boeing Company: Docket No. FAA–
2022–1171; Project Identifier AD–2022–
00852–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) action by
January 20, 2023.
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(b) Affected ADs
This AD replaces AD 2021–08–19,
Amendment 39–21513 (86 FR 20440, April
20, 2021) (AD 2021–08–19).
(c) Applicability
This AD applies to all The Boeing
Company Model 787–8, –9, and –10
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 50, Cargo and accessory
compartments.
(e) Unsafe Condition
This AD was prompted by reports of
multiple incidents of torn decompression
panels being found in the bilge area, and the
development of new procedures for changing
or replacing the bilge barrier assembly in the
forward cargo compartment. The FAA is
issuing this AD to address the possibility of
leakage in the bilge area, which could, in the
event of a cargo fire, result in insufficient
Halon concentrations to adequately control
the fire. This condition, if not addressed,
could result in the loss of continued safe
flight and landing of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Retained Repetitive Inspections and
Corrective Action With No Changes
This paragraph restates the requirements of
paragraph (g) of AD 2021–08–19 with no
changes. At the applicable times specified in
paragraph (g)(1) or (2) of this AD: Do a
general visual inspection for disengaged or
damaged (torn) decompression panels of the
bilge barriers located in the forward and aft
cargo compartments. If any disengaged but
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Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Proposed Rules
undamaged panel is found: Before further
flight, reinstall the panel. If any damaged
panel is found: Before further flight, replace
the panel with a new or serviceable panel.
Reinstallations and replacements must be
done in accordance with the operator’s
maintenance or inspection program, as
applicable.
(1) If a general visual inspection for
disengaged or damaged (torn) decompression
panels of the bilge barriers was done before
May 5, 2021 (the effective date of AD 2021–
08–19): Do the next inspection within 4
calendar months after the most recent
inspection. Repeat the inspection thereafter
at intervals not to exceed 4 calendar months.
(2) If a general visual inspection for
disengaged or damaged (torn) decompression
panels of the bilge barriers was not done
before May 5, 2021 (the effective date of AD
2021–08–19): Do the initial inspection within
30 days after May 5, 2021. Repeat the
inspection thereafter at intervals not to
exceed 4 calendar months.
(h) Retained MEL Provisions With No
Changes
This paragraph restates the provisions of
paragraph (h) of AD 2021–08–19 with no
changes. If any decompression panel
inspected as required by this AD is
disengaged or damaged, the airplane may be
operated as specified in the operator’s
existing FAA-approved minimum equipment
list (MEL), provided provisions that address
the disengaged or damaged decompression
panels are included in the MEL.
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(i) New Required Actions
Except as specified by paragraph (j) of this
AD: At the applicable times specified in the
‘‘Compliance,’’ paragraph of Boeing Alert
Requirements Bulletin B787–81205–
SB500011–00 RB, Issue 001, dated May 10,
2022, do all applicable actions identified in,
and in accordance with, the Accomplishment
Instructions of Boeing Alert Requirements
Bulletin B787–81205–SB500011–00 RB, Issue
001, dated May 10, 2022. Accomplishing the
actions required by this paragraph terminates
the repetitive inspections required by
paragraph (g) of this AD.
Note 1 to paragraph (i): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin B787–81205–SB500011–00, Issue
001, dated May 10, 2022, which is referred
to in Boeing Alert Requirements Bulletin
B787–81205–SB500011–00 RB, Issue 001,
dated May 10, 2022.
(j) Exceptions to Service Information
Specifications
Where the Compliance Time column of the
table in the ‘‘Compliance’’ paragraph of
Boeing Alert Requirements Bulletin B787–
81205–SB500011–00 RB, Issue 001, dated
May 10, 2022, uses the phrase ‘‘the Issue 001
date of Requirements Bulletin B787–81205–
SB500011–00 RB,’’ this AD requires using
‘‘the effective date of this AD.’’
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 (l)(1) of
this AD. Information may be emailed to: 9ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(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, Seattle ACO 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.
(4) AMOCs approved for AD 2021–08–19
are approved as AMOCs for the
corresponding provisions of Boeing Alert
Requirements Bulletin B787–81205–
SB500011–00 RB, Issue 001, dated May 10,
2022, that are required by paragraph (i) of
this AD.
(l) Related Information
(1) For more information about this AD,
contact Brandon Lucero, Aerospace Engineer,
Cabin Safety and Environmental Systems
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3569; email:
brandon.lucero@faa.gov.
(2) 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; internet
myboeingfleet.com. You may view this
referenced 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.
Issued on September 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–26466 Filed 12–5–22; 8:45 am]
BILLING CODE 4910–13–P
(k) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
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74527
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1566; Project
Identifier MCAI–2022–00290–T]
RIN 2120–AA64
Airworthiness Directives; Airbus
Canada Limited Partnership (Type
Certificate Previously Held by C Series
Aircraft Limited Partnership (CSALP);
Bombardier, Inc.) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus Canada Limited Partnership
Model BD–500–1A10 and BD–500–
1A11 airplanes. This proposed AD was
prompted by reports of mechanical wear
damage found on the engine fuel feed
system tubes and fuel tube connections.
This proposed AD would require
repetitive inspections of the fuel feed
system for damage and replacement if
necessary, as specified in a Transport
Canada AD, which is proposed for
incorporation by reference (IBR). 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 January 20,
2023.
SUMMARY:
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–2022–1566; 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, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
ADDRESSES:
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Agencies
[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Proposed Rules]
[Pages 74524-74527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26466]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1171; Project Identifier AD-2022-00852-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 supersede Airworthiness Directive (AD)
2021-08-19, which applies to all The Boeing Company Model 787-8, -9,
and -10 airplanes. AD 2021-08-19 requires repetitive general visual
inspections for disengaged or damaged decompression panels of the bilge
barriers located in the forward and aft cargo compartments,
reinstallation of disengaged but undamaged panels, and replacement of
damaged panels. Since the FAA issued AD 2021-08-19, new procedures for
changing or replacing the bilge barrier assembly in the forward cargo
compartment have been developed. This proposed AD would retain the
requirements of AD 2021-08-19 and require changing or replacing the
bilge barrier assembly in the forward and aft cargo compartments, which
would terminate the repetitive inspections. The FAA is proposing this
AD to address the unsafe condition on these products.
[[Page 74525]]
DATES: The FAA must receive comments on this proposed AD by January 20,
2023.
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.
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; internet 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-2022-1171.
Examining the AD Docket
You may examine the AD docket at regulations.gov by searching for
and locating Docket No. FAA-2022-1171; 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.
FOR FURTHER INFORMATION CONTACT: Brandon Lucero, Aerospace Engineer,
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3569; 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-2022-1171; Project Identifier
AD-2022-00852-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
the 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 proposed AD.
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
Brandon Lucero, Aerospace Engineer, Cabin Safety and Environmental
Systems Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206-231-3569; 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 issued AD 2021-08-19, Amendment 39-21513 (86 FR 20440,
April 20, 2021) (AD 2021-08-19), for all The Boeing Company Model 787-
8, -9, and -10 airplanes. AD 2021-08-19 was prompted by reports of
multiple incidents of torn decompression panels found in the bilge
area, and the determination that additional airplanes are subject to
the unsafe condition. AD 2021-08-19 requires repetitive general visual
inspections for disengaged or damaged decompression panels of the bilge
barriers located in the forward and aft cargo compartments,
reinstallation of disengaged but undamaged panels, and replacement of
damaged panels. The FAA issued AD 2021-08-19 to address the possibility
of leakage in the bilge area, which could, in the event of a cargo
fire, result in insufficient Halon concentrations to adequately control
the fire. This condition, if not addressed, could result in the loss of
continued safe flight and landing of the airplane.
Actions Since AD 2021-08-19 Was Issued
The preamble to AD 2021-08-19 specifies that the FAA considers that
AD ``interim action'' and that the FAA might consider further
rulemaking if a modification is developed, approved, and available. The
manufacturer has since developed such a modification (procedures for
changing or replacing the bilge barrier assembly in the forward cargo
compartment), which would terminate the repetitive inspections required
by AD 2021-08-19. The FAA has determined that this modification should
be required.
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-
SB500011-00 RB, Issue 001, dated May 10, 2022. This service information
specifies procedures for changing or replacing the bilge barrier
assembly in the forward cargo compartments at stations (STA) 345 and
825 and aft cargo compartment at STA 1304. 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
the ADDRESSES section.
Proposed AD Requirements in This NPRM
This proposed AD would retain all of the requirements of AD 2021-
08-19. This proposed AD would also require accomplishing the actions
identified in Boeing Alert Requirements Bulletin B787-81205-SB500011-00
RB, Issue 001, dated May 10, 2022, described previously, 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 by searching for and locating
Docket No. FAA-2022-1171.
[[Page 74526]]
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 135 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Repetitive inspections (retained 3 work-hours x $85 $0................ $255 per $34,425 per
actions). per hour = $255 inspection cycle. inspection cycle.
per inspection
cycle.
Change or replace bilge barrier Up to 7 work-hours Up to $12,100..... Up to $12,695..... Up to $1,713,825.
(new proposed action). x $85 per hour =
$595.
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The FAA estimates the following costs to do any necessary
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 these replacements:
On-Condition Costs
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Cost per
Action Labor cost Parts cost product
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Replacement (retained requirement)........ 1 work-hour x $85 per hour = $85.. $ * $85
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* The FAA has received no definitive data on which to base the parts costs estimates for the replacements.
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 has 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 that the 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:
0
a. Removing Airworthiness Directive (AD) 2021-08-19, Amendment 39-21513
(86 FR 20440, April 20, 2021), and
0
b. Adding the following new AD:
The Boeing Company: Docket No. FAA-2022-1171; Project Identifier AD-
2022-00852-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) action by January 20, 2023.
(b) Affected ADs
This AD replaces AD 2021-08-19, Amendment 39-21513 (86 FR 20440,
April 20, 2021) (AD 2021-08-19).
(c) Applicability
This AD applies to all The Boeing Company Model 787-8, -9, and -
10 airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 50, Cargo and
accessory compartments.
(e) Unsafe Condition
This AD was prompted by reports of multiple incidents of torn
decompression panels being found in the bilge area, and the
development of new procedures for changing or replacing the bilge
barrier assembly in the forward cargo compartment. The FAA is
issuing this AD to address the possibility of leakage in the bilge
area, which could, in the event of a cargo fire, result in
insufficient Halon concentrations to adequately control the fire.
This condition, if not addressed, could result in the loss of
continued safe flight and landing of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Repetitive Inspections and Corrective Action With No
Changes
This paragraph restates the requirements of paragraph (g) of AD
2021-08-19 with no changes. At the applicable times specified in
paragraph (g)(1) or (2) of this AD: Do a general visual inspection
for disengaged or damaged (torn) decompression panels of the bilge
barriers located in the forward and aft cargo compartments. If any
disengaged but
[[Page 74527]]
undamaged panel is found: Before further flight, reinstall the
panel. If any damaged panel is found: Before further flight, replace
the panel with a new or serviceable panel. Reinstallations and
replacements must be done in accordance with the operator's
maintenance or inspection program, as applicable.
(1) If a general visual inspection for disengaged or damaged
(torn) decompression panels of the bilge barriers was done before
May 5, 2021 (the effective date of AD 2021-08-19): Do the next
inspection within 4 calendar months after the most recent
inspection. Repeat the inspection thereafter at intervals not to
exceed 4 calendar months.
(2) If a general visual inspection for disengaged or damaged
(torn) decompression panels of the bilge barriers was not done
before May 5, 2021 (the effective date of AD 2021-08-19): Do the
initial inspection within 30 days after May 5, 2021. Repeat the
inspection thereafter at intervals not to exceed 4 calendar months.
(h) Retained MEL Provisions With No Changes
This paragraph restates the provisions of paragraph (h) of AD
2021-08-19 with no changes. If any decompression panel inspected as
required by this AD is disengaged or damaged, the airplane may be
operated as specified in the operator's existing FAA-approved
minimum equipment list (MEL), provided provisions that address the
disengaged or damaged decompression panels are included in the MEL.
(i) New Required Actions
Except as specified by paragraph (j) of this AD: At the
applicable times specified in the ``Compliance,'' paragraph of
Boeing Alert Requirements Bulletin B787-81205-SB500011-00 RB, Issue
001, dated May 10, 2022, do all applicable actions identified in,
and in accordance with, the Accomplishment Instructions of Boeing
Alert Requirements Bulletin B787-81205-SB500011-00 RB, Issue 001,
dated May 10, 2022. Accomplishing the actions required by this
paragraph terminates the repetitive inspections required by
paragraph (g) of this AD.
Note 1 to paragraph (i): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
B787-81205-SB500011-00, Issue 001, dated May 10, 2022, which is
referred to in Boeing Alert Requirements Bulletin B787-81205-
SB500011-00 RB, Issue 001, dated May 10, 2022.
(j) Exceptions to Service Information Specifications
Where the Compliance Time column of the table in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin B787-
81205-SB500011-00 RB, Issue 001, dated May 10, 2022, uses the phrase
``the Issue 001 date of Requirements Bulletin B787-81205-SB500011-00
RB,'' this AD requires using ``the effective date of this AD.''
(k) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle ACO 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 (l)(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, Seattle
ACO 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.
(4) AMOCs approved for AD 2021-08-19 are approved as AMOCs for
the corresponding provisions of Boeing Alert Requirements Bulletin
B787-81205-SB500011-00 RB, Issue 001, dated May 10, 2022, that are
required by paragraph (i) of this AD.
(l) Related Information
(1) For more information about this AD, contact Brandon Lucero,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3569; email: [email protected].
(2) 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; internet myboeingfleet.com. You may
view this referenced 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.
Issued on September 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-26466 Filed 12-5-22; 8:45 am]
BILLING CODE 4910-13-P