[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).

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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:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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:
    <bullet> 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#bdc9dcd6dcd5d4cedc93d6d2dfdcc4dcced5d4fddbdcdc93dad2cb"><span class="__cf_email__" data-cfemail="6a1e0b010b0203190b440105080b130b1902032a0c0b0b440d051c">[email protected]</span></a>.

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 
<a href="/cdn-cgi/l/email-protection#4b3f2a202a2322382a652024292a322a3823220b2d2a2a652c243d"><span class="__cf_email__" data-cfemail="c1b5a0aaa0a9a8b2a0efaaaea3a0b8a0b2a9a881a7a0a0efa6aeb7">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#6a53472b242747390f0b1e1e060f472b2925472b27252947380f1b1f0f191e192a0c0b0b440d051c"><span class="__cf_email__" data-cfemail="ad9480ece3e080fec8ccd9d9c1c880eceee280ece0e2ee80ffc8dcd8c8ded9deedcbcccc83cac2db">[email protected]</span></a>.
    (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 <a href="/cdn-cgi/l/email-protection#d4a0b5bfb5bcbda7b5fabfbbb6b5adb5a7bcbd94b2b5b5fab3bba2"><span class="__cf_email__" data-cfemail="c1b5a0aaa0a9a8b2a0efaaaea3a0b8a0b2a9a881a7a0a0efa6aeb7">[email protected]</span></a>.

(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 <a href="/cdn-cgi/l/email-protection#d2b4a0fcbbbca1a2b7b1a6bbbdbc92bcb3a0b3fcb5bda4"><span class="__cf_email__" data-cfemail="197f6b3770776a697c7a6d7076775977786b78377e766f">[email protected]</span></a>.

    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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