Airworthiness Directives; The Boeing Company Airplanes, 12785-12788 [2024-03254]

Download as PDF 12785 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules TABLE 2 TO PARAGRAPH (d)—SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued [See footnotes at end of table] Annual fees 1 2 3 Category of materials licenses 18. Department of Energy: A. Certificates of Compliance ................................................................................................................................................. B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities [Program Code(s): 03237, 03238] ............................ 10 2,174,000 271,000 1 Annual fees will be assessed based on whether a licensee held a valid license with the NRC authorizing possession and use of radioactive material during the current FY. The annual fee is waived for those materials licenses and holders of certificates, registrations, and approvals who either filed for termination of their licenses or approvals or filed for possession only/storage licenses before October 1 of the current FY, and permanently ceased licensed activities entirely before this date. Annual fees for licensees who filed for termination of a license, downgrade of a license, or for a possession-only license during the FY and for new licenses issued during the FY will be prorated in accordance with the provisions of § 171.17. If a person holds more than one license, certificate, registration, or approval, the annual fee(s) will be assessed for each license, certificate, registration, or approval held by that person. For licenses that authorize more than one activity on a single license (e.g., human use and irradiator activities), annual fees will be assessed for each category applicable to the license. 2 Payment of the prescribed annual fee does not automatically renew the license, certificate, registration, or approval for which the fee is paid. Renewal applications must be filed in accordance with the requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter. 3 Each FY, fees for these materials licenses will be calculated and assessed in accordance with § 171.13 and will be published in the FEDERAL REGISTER for notice and comment. 4 Other facilities include licenses for extraction of metals, heavy metals, and rare earths. 5 There are no existing NRC licenses in these fee categories. If NRC issues a license for these categories, the Commission will consider establishing an annual fee for this type of license. 6 Standardized spent fuel facilities, 10 CFR parts 71 and 72 Certificates of Compliance and related Quality Assurance program approvals, and special reviews, such as topical reports, are not assessed an annual fee because the generic costs of regulating these activities are primarily attributable to users of the designs, certificates, and topical reports. 7 Licensees in this category are not assessed an annual fee because they are charged an annual fee in other categories while they are licensed to operate. 8 No annual fee is charged because it is not practical to administer due to the relatively short life or temporary nature of the license. 9 Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions that also hold nuclear medicine licenses under fee categories 7.A, 7.A.1, 7.A.2, 7.B., 7.B.1, 7.B.2, 7.C, 7.C.1, or 7.C.2. 10 This includes Certificates of Compliance issued to the DOE that are not funded from the Nuclear Waste Fund. 11 See § 171.15(c). 12 See § 171.15(c). 13 No annual fee is charged for this category because the cost of the general license registration program applicable to licenses in this category will be recovered through 10 CFR part 170 fees. 14 Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this category. (This exception does not apply if the radium sources are possessed for storage only.) 15 Licensees subject to fees under categories 1.A., 1.B., 1.E., 2.A., and licensees paying fees under fee category 17 must pay the largest applicable fee and are not subject to additional fees listed in this table. 16 Licensees paying fees under 3.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. 17 Licensees paying fees under 7.A, 7.A.1, 7.A.2, 7.B, 7.B.1, 7.B.2, 7.C, 7.C.1, or 7.C.2 are not subject to fees under 2.B. for possession and shielding authorized on the same license. 18 Licensees paying fees under 3.N. are not subject to paying fees under 3.P., 3.P.1, or 3.P.2 for calibration or leak testing services authorized on the same license. 19 Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject to paying fees under 7.C., 7.C.1, or 7.C.2 for broad scope license licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices authorized on the same license. 20 No annual fee is charged for a materials license (or part of a materials license) that has transitioned to this fee category because the decommissioning costs will be recovered through 10 CFR part 170 fees, but annual fees may be charged for other activities authorized under the license that are not in decommissioning status. 21 Licensees paying fees under 4.A., 4.B. or 4.C. are not subject to paying fees under 3.N. licenses that authorize services for other licensees authorized on the same license. * * * * * 21. In § 171.19, revise paragraph (a) to read as follows. ■ § 171.19 Payment. ddrumheller on DSK120RN23PROD with PROPOSALS1 * * * * * (a) Method of payment. All annual fee payments under this part are to be made payable to the U.S. Nuclear Regulatory Commission. The payments are to be made in U.S. funds using the electronic payment methods accepted at www.Pay.gov. Federal agencies may also make payment by IntraGovernmental Payment and Collection (IPAC). Specific instructions for making payments may be obtained by contacting the Office of the Chief Financial Officer at 301–415– 7554. In accordance with Department of the Treasury requirements, refunds will VerDate Sep<11>2014 19:30 Feb 16, 2024 Jkt 262001 only be made upon receipt of information on the payee’s financial institution and bank accounts. * * * * * Dated: February 5, 2024. For the Nuclear Regulatory Commission. Jennifer M. Golder, Acting Chief Financial Officer. PO 00000 Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–0231; Project Identifier AD–2023–01037–T] RIN 2120–AA64 [FR Doc. 2024–03231 Filed 2–16–24; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Airworthiness Directives; The Boeing Company 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 The Boeing Company Model 787–8, SUMMARY: Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1 ddrumheller on DSK120RN23PROD with PROPOSALS1 12786 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 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, VerDate Sep<11>2014 16:27 Feb 16, 2024 Jkt 262001 FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231–3553; email takahisa.kobayashi@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–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 takahisa.kobayashi@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 has received a report indicating that damage was found during overhaul on multiple inlets around the EAI duct within the inlet aft PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 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 E:\FR\FM\20FEP1.SGM 20FEP1 12787 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 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 Action Labor cost Parts cost Cost per product Cost on U.S. operators MEL update and records check ...................... 5 work-hours × $85 per hour = $425 ............. $0 $425 $46,750 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 Action Labor cost Parts cost Cost per product Inspection ..................................................................... 3 work-hours × $85 per hour = $255 ........................... $0 $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. ddrumheller on DSK120RN23PROD with PROPOSALS1 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 VerDate Sep<11>2014 16:27 Feb 16, 2024 Jkt 262001 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. 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: ■ 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. List of Subjects in 14 CFR Part 39 (c) Applicability This AD applies to all The Boeing Company Model 787–8, 787–9, and 787–10 airplanes, certificated in any category. Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. (d) Subject Air Transport Association (ATA) of America Code 54, Nacelles/pylons. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 (e) Unsafe Condition This AD was prompted by a report of heat damage on multiple engine inlets around the E:\FR\FM\20FEP1.SGM 20FEP1 12788 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 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. ddrumheller on DSK120RN23PROD with PROPOSALS1 (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 VerDate Sep<11>2014 16:27 Feb 16, 2024 Jkt 262001 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: 9-ANMSeattle-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, 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 takahisa.kobayashi@faa.gov. PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 (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 fr.inspection@nara.gov. 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 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–1650; Project Identifier MCAI–2022–00210–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: Supplemental notice of proposed rulemaking (SNPRM). AGENCY: The FAA is revising a notice of proposed rulemaking (NPRM) and an SNPRM that would have applied to certain Airbus Canada Limited Partnership Model BD–500–1A11 airplanes. This action revises the SNPRM by adding airplanes. The FAA is proposing this airworthiness directive (AD) to address the unsafe condition on SUMMARY: E:\FR\FM\20FEP1.SGM 20FEP1

Agencies

[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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