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[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Proposed Rules]
[Pages 88544-88546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28153]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2398; Project Identifier AD-2023-00423-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. 
This proposed AD was prompted by a report indicating that the oxygen 
supply tubing can become kinked when certain passenger service unit 
(PSU) oxygen panel assemblies are installed in the forward-most 
position of a center stow bin. This proposed AD would require a one-
time inspection of the affected PSU oxygen panel assemblies and 
applicable on-condition actions. This proposed AD would also prohibit 
the installation of affected parts. 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 February 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-2023-2398; 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-2023-2398.

FOR FURTHER INFORMATION CONTACT: Samuel Nalbandian, Aviation Safety 
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone 206-
231-3993; 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-2023-2398; Project Identifier 
AD-2023-00423-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 
Samuel Nalbandian, Aviation Safety Engineer, FAA, 2200 South 216th St., 
Des Moines, WA 98198; phone: 206-231-3993; 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 a pinching condition 
may exist between the oxygen supply tube on the PSU oxygen panel and 
the stowage bin end blade on affected PSU oxygen panel assemblies and 
may result in the inability of the oxygen system to provide oxygen to 
the airplane's passengers in a cabin depressurization event. The PSU 
reverse bottle oxygen panel assembly drawing restructure introduced a 
conflict between lower- and upper-level assembly drawings. After the 
drawing restructure, the upper-level assembly drawings had corrected 
routing design intent, but the lower-level assembly drawings had 
incorrect routing definition. Installation of a PSU reverse bottle 
oxygen panel assembly with incorrect routing can lead to a condition 
where the oxygen supply tubing becomes kinked in the forward-most 
position of a center stowage bin. Incorrect routing of the tubing, if 
not addressed, could result in kinked tubing and consequent passengers' 
injury because of a lack of supplemental oxygen during a cabin 
depressurization event.

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 Bulletins B787-81205-
SB250277-00 RB and B787-81205-SB250278-00 RB, both Issue 001, both 
dated February 15, 2023. This service information specifies procedures 
for verifying the identification label of the

[[Page 88545]]

oxygen panel assembly, doing a general visual inspection of the oxygen 
supply tube and initiator cable assembly for correct installation, and 
doing a general visual inspection for damage of the oxygen supply 
tubing. The service information also specifies procedures for on-
condition actions: replacing the oxygen supply tubing, re-routing of 
the oxygen supply tubing and initiator cable assembly, and re-
identifying equipment. These documents are distinct since they apply to 
different airplanes. 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 discussed 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 also 
prohibit the installation of affected parts. For information on the 
procedures and compliance times, see this service information at 
regulations.gov by searching for and locating Docket No. FAA-2023-2398.

Difference Between This Proposed AD and the Service Information

    The effectivity of Boeing Alert Requirements Bulletins B787-81205-
SB250277-00 RB and B787-81205-SB250278-00 RB, both Issue 001, both 
dated February 15, 2023, is limited to Model 787-8, 787-9, and 787-10 
airplanes having certain line numbers. However, the applicability of 
this proposed AD includes all Model 787-8, 787-9, and 787-10 airplanes. 
Because the affected PSU oxygen panel assemblies are rotatable parts, 
the FAA has determined that these parts could later be installed on 
airplanes that were initially delivered with acceptable parts, thereby 
subjecting those airplanes to the unsafe condition. Therefore, Model 
787-8, -9, and -10 airplanes not listed in the service information 
would be subject only to the parts installation prohibition of this 
proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 19 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost     Cost per product         operators
----------------------------------------------------------------------------------------------------------------
Inspections and rerouting........  Up to 25 work-hours            $0   Up to $2,125........  Up to $40,375.
                                    x $85 per hour = Up
                                    to $2,125.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions 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 the on-condition actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement of oxygen supply tube............  Up to 9 work-hours x $85 per                $30             $795
                                                hour = Up to $765.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all 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.

[[Page 88546]]

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-2023-2398; Project Identifier AD-
2023-00423-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by February 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 35, Oxygen.

(e) Unsafe Condition

    This AD was prompted by a report indicating that the oxygen 
supply tubing can become kinked when certain passenger service unit 
(PSU) oxygen panel assemblies are installed in the forward-most 
position of a center stow bin. The FAA is issuing this AD to address 
incorrect installation of the oxygen supply tubing in the PSU oxygen 
panel assemblies. The unsafe condition, if not addressed, could 
result in kinked tubing and consequent injury of the airplane's 
passengers because of a lack of supplemental oxygen during a cabin 
depressurization event.

(f) Compliance

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

(g) Inspection of the Affected Parts

    For airplanes identified in Boeing Alert Requirements Bulletins 
B787-81205-SB250277-00 RB, Issue 001, dated February 15, 2023, and 
B787-81205-SB250278-00 RB, Issue 001, dated February 15, 2023: 
Except as specified by paragraph (h) of this AD: At the applicable 
times specified in the ``Compliance'' paragraph of Boeing Alert 
Requirements Bulletins B787-81205-SB250277-00 RB, Issue 001, dated 
February 15, 2023, or B787-81205-SB250278-00 RB, Issue 001, dated 
February 15, 2023, as applicable, do all applicable actions 
identified in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Requirements Bulletin B787-81205-
SB250277-00 RB, Issue 001, dated February 15, 2023, or B787-81205-
SB250278-00 RB, Issue 001, dated February 15, 2023, as applicable.

(h) Exceptions to Service Information Specifications

    (1) Where the Compliance Time columns of the tables in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin B787-
81205-SB250277-00 RB, Issue 001, dated February 15, 2023, use the 
phrase ``the Issue 001 date of the Requirements Bulletin B787-81205-
SB250277-00 RB,'' this AD requires using ``the effective date of 
this AD.''
    (2) Where the Compliance Time columns of the tables in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin B787-
81205-SB250278-00 RB, Issue 001, dated February 15, 2023, use the 
phrase ``the Issue 001 date of the Requirements Bulletin B787-81205-
SB250278-00 RB'' this AD requires using ``the effective date of this 
AD.''
    (3) Where Boeing Alert Requirements Bulletin B787-81205-
SB250277-00 RB, Issue 001, dated February 15, 2023, and Boeing Alert 
Requirements Bulletin B787-81205-SB250278-00 RB, Issue 001, dated 
February 15, 2023, specify that the corrective actions for 
Conditions 2, 2.2, 2.2.2, and 3 must be done before further flight, 
this AD requires that the corrective actions for those conditions 
must be done within 24 months after the effective date of this AD.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install, on 
any airplane, a PSU oxygen panel assembly part number 4572105-XXX-
0D0, or 4572175-XXX-0D0, or 4572185-XXX-0D0, where the ``XXX'' in 
the affected PSU oxygen panel assembly part numbers is any 
combination of numerals, that was manufactured in May 2020 or 
before, and does not have a supplier service bulletin modification 
label marked with an applicable supplier service bulletin number and 
date.

(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 Samuel Nalbandian, 
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 
98198; phone: 206-231-3993; email: [email protected].

(l) 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 the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin B787-81205-SB250277-00 
RB, Issue 001, dated February 15, 2023.
    (ii) Boeing Alert Requirements Bulletin B787-81205-SB250278-00 
RB, Issue 001, dated February 15, 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/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

    Issued on December 18, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-28153 Filed 12-21-23; 8:45 am]
BILLING CODE 4910-13-P
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