Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Proposed Rules 8109 

Michael J. Hsu, 

Acting Comptroller of the Currency. 

By order of the Board of Governors of the 

Federal Reserve System. 

Ann E. Misback, 

Secretary of the Board. 

Federal Deposit Insurance Corporation. 

By order of the Board of Directors. 

Dated at Washington, DC, on January 16, 

2024. 

James P. Sheesley, 

Assistant Executive Secretary. 

[FR Doc. 2024–02016 Filed 2–5–24; 8:45 am] 

BILLING CODE 4810–33–; 6210–01; 6714–01–C 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–0218; Project 

Identifier AD–2023–00779–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, 

787–9, and 787–10 airplanes. This 

proposed AD was prompted by a 

determination that the flight deck door 

decompression panel can strike the 

captain’s seat headrest if a flight deck 

decompression event occurs when the 

seat is in a certain position. This 

proposed AD would require, for certain 

airplanes, replacing the affected 

captain’s seat assembly. 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 March 22, 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–2024–0218; 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–2024–0218. 

FOR FURTHER INFORMATION CONTACT: 

Nicole S. Tsang, Aviation Safety 

Engineer, FAA, 2200 South 216th St., 

Des Moines, WA 98198; telephone 206– 

231–3959; email Nicole.S.Tsang@

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–2024–0218; Project Identifier AD– 

2023–00779–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 Nicole S. Tsang, 

Aviation Safety Engineer, FAA, 2200 

South 216th St., Des Moines, WA 98198; 

telephone 206–231–3959; email 

Nicole.S.Tsang@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 flight deck door decompression 

panel opens forward if a flight deck 

decompression event occurs. The FAA 

previously certificated flight deck doors 

to include this functionality. The FAA 

has since determined that the 

decompression panel could strike the 

captain’s head or face if the seat is in the 

aft track position with full recline and 

full seat pan tilt during a flight deck 

decompression event. The captain’s seat 

headrest is in the path of the 

decompression panel when the seat is in 

the aft track position with full recline 

and full seat pan tilt. The 

decompression panel opens in 

approximately 20 to 50 milliseconds 

and can strike the captain’s seat 

headrest. The FAA is issuing this AD to 

address the possibility that the 

decompression panel could strike the 

captain’s head or face. The unsafe 

condition, if not addressed, could result 

in serious or potentially fatal injury to 

the captain after a flight deck 

decompression 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 Special 

Attention Requirements Bulletin B787– 

81205–SB250294–00 RB, Issue 001, 

dated June 14, 2023. This service 


ddrumheller on DSK120RN23PROD with PROPOSALS1
8110 Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Proposed Rules 

information specifies procedures for 

replacing the affected captain’s seat 

assembly part number (P/N) S632Z301– 

21 (Ipeco P/N 3A380–0007–01–7) with 

captain’s seat assembly P/N S632Z301– 

31 (Ipeco P/N 3A380–0007–01–8). 

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 

For airplanes with affected captain’s 

seat assemblies, 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 captain’s 

flight deck seats. For information on the 

procedures and compliance times, see 

this service information at 

regulations.gov under Docket No. FAA– 

2024–0218. 

Related Rulemaking 

AD 2016–19–04, Amendment 18653 

(81 FR 65857, September 26, 2016) (AD 

2016–19–04), requires repetitive 

inspections of the captain’s and first 

officer’s seat assemblies on Model 787– 

8 airplanes, and eventual installation of 

new seat assemblies, which terminates 

the repetitive tests. AD 2016–19–04 was 

prompted by uncommanded movement 

by a captain’s seat during a landing 

rollout due to a failure in the seat 

horizontal actuator. Since that AD was 

issued, the FAA learned of the 

possibility of the decompression panel 

striking the captain’s head or face when 

the seat is in the aft track position with 

full recline and full seat pan tilt during 

a flight deck decompression event. A 

new captain’s seat assembly was 

developed with reduced seat recline and 

seat pan tilt adjustment ranges that 

preclude interference from the flight 

deck door decompression panel that 

could open when the seat is in aft seat 

track positions. Although AD 2016–19– 

04 affects both the captain’s and first 

officer’s seats, this proposed AD would 

require replacing only the captain’s seat 

assembly with the new seat assembly, 

which would terminate the requirement 

to replace the captain’s seat assembly of 

AD 2016–19–04. 

Difference Between This Proposed AD 

and the Service Information 

The effectivity of Boeing Special 

Attention Requirements Bulletin B787– 

81205–SB250294–00 RB, Issue 001, 

dated June 14, 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 Boeing Model 787–8, 787– 

9, and 787–10 airplanes. The captain’s 

seat assembly, Boeing part number (P/N) 

S632Z301–21 (Ipeco P/N 3A380–0007– 

01–7), is a rotable part, so the FAA has 

determined that these parts could later 

be installed on airplanes that were 

initially delivered with acceptable seat 

assemblies, thereby subjecting those 

airplanes to the unsafe condition. The 

FAA has confirmed that the 

Accomplishment Instructions in Boeing 

Special Attention Requirements Bulletin 

B787–81205–SB250294–00 RB, Issue 

001, dated June 14, 2023, are applicable 

to the expanded group of airplanes. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 155 

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 

Replacement ................................ Up to 3 work-hours × $85 per hour = $255 ........... $1,335 Up to $1,590 ....... Up to $246,450. 

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 

■ 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– 

2024–0218; Project Identifier AD–2023– 

00779–T. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Proposed Rules 8111 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by March 22, 

2024. 

(b) Affected ADs 

This AD affects AD 2016–19–04, 

Amendment 18653 (81 FR 65857, September 

26, 2016) (AD 2016–19–04). 

(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 25, Equipment/furnishings. 

(e) Unsafe Condition 

This AD was prompted by a determination 

that the flight deck door decompression 

panel can strike the captain’s seat headrest if 

a flight deck decompression event occurs 

when the seat is in a certain position. The 

FAA is issuing this AD to address the 

possibility that the decompression panel 

could strike the captain’s head or face. The 

unsafe condition, if not addressed, could 

result in serious or potentially fatal injury to 

the captain after a flight deck decompression 

event. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

For airplanes with an original certificate of 

airworthiness or original export certificate of 

airworthiness issued on or before the 

effective date of this AD, with a seat 

assembly having Boeing part number 

S632Z301–21 (Ipeco part number 3A380– 

0007–01–7) installed on the captain’s side: 

Except as specified by paragraph (h) of this 

AD, at the applicable times specified in the 

‘‘Compliance’’ paragraph of Boeing Special 

Attention Requirements Bulletin B787– 

81205–SB250294–00 RB, Issue 001, dated 

June 14, 2023, do all applicable actions 

identified in, and in accordance with, the 

Accomplishment Instructions of Boeing 

Special Attention Requirements Bulletin 

B787–81205–SB250294–00 RB, Issue 001, 

dated June 14, 2023. 

Note 1 to paragraph (g): Guidance for 

accomplishing the actions required by this 

AD can be found in Boeing Special Attention 

Service Bulletin B787–81205–SB250294–00 

RB, Issue 001, dated June 14, 2023, which is 

referred to in Boeing Special Attention 

Requirements Bulletin B787–81205– 

SB250294–00 RB, Issue 001, dated June 14, 

2023. 

(h) Exceptions to Service Information 

Specifications 

(1) Where the Boeing Recommended 

Compliance Time column of the table in the 

‘‘Compliance’’ paragraph of Boeing Special 

Attention Requirements Bulletin B787– 

81205–SB250294–00 RB, Issue 001, dated 

June 14, 2023, uses the phrase ‘‘the Issue 001 

date of Requirements Bulletin B787–81205– 

SB250294–00 RB,’’ this AD requires using 

‘‘the effective date of this AD.’’ 

(2) Where Boeing Special Attention 

Requirements Bulletin B787–81205– 

SB250294–00 RB, Issue 001, dated June 14, 

2023, specifies replacement with captain’s 

seat assemblies having P/N S632Z301–31 

(Ipeco P/N 3A380–0007–01–8), this AD 

requires installing that part number or a laterapproved part number. Later-approved part 

numbers are only those that are approved as 

a replacement for the applicable captain’s 

seat assembly, and are approved as part of 

the type design by the FAA or The Boeing 

Company Organization Designation 

Authorization (ODA) after June 14, 2023 (the 

issuance date of Boeing Special Attention 

Requirements Bulletin B787–81205– 

SB250294–00 RB, Issue 001). 

(i) Terminating Action for Certain 

Requirements of AD 2016–19–04 

Replacement of the captain’s seat assembly 

as required by paragraph (g) of this AD 

terminates the requirements of paragraph 

(h)(1) of AD 2016–19–04, for that captain’s 

seat assembly only. 

(j) Parts Installation Prohibition 

As of the effective date of this AD, no 

person may install a captain’s seat assembly, 

Boeing part number (P/N) S632Z301–21 

(Ipeco P/N 3A380–0007–01–7), on any 

airplane. 

(k) 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 (l) 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. 

(l) Related Information 

For more information about this AD, 

contact Nicole S. Tsang, Aviation Safety 

Engineer, FAA, 2200 South 216th St., Des 

Moines, WA 98198; telephone 206–231– 

3959; email Nicole.S.Tsang@faa.gov. 

(m) 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 Special Attention Requirements 

Bulletin B787–81205–SB250294–00 RB, Issue 

001, dated June 14, 2023. 

(ii) [Reserved] 

(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 January 29, 2024. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–02059 Filed 2–5–24; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 39 

RIN 3038–AF39 

Protection of Clearing Member Funds 

Held by Derivatives Clearing 

Organizations 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Extension of comment period. 

SUMMARY: On January 3, 2024, the 

Commodity Futures Trading 

Commission (Commission) published, 

in the Federal Register, a notice of 

proposed rulemaking (NPRM) titled 

Protection of Clearing Member Funds 

Held by Derivatives Clearing 

Organizations. The comment period for 

the NPRM was to close on February 16, 

2024. The Commission is extending the 

comment period for this NPRM by an 

additional 31 days. 

DATES: The comment period for the 

NPRM titled Protection of Clearing 

Member Funds Held by Derivatives 

Clearing Organizations, published 

January 3, 2024 (89 FR 286), is 


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