[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Rules and Regulations]
[Pages 81326-81329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23114]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0218; Project Identifier AD-2023-00779-T; 
Amendment 39-22836; AD 2024-18-02]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. 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 or below 
the flight deck rapid decompression event occurs when the seat is in a 
certain position. This AD requires, for certain airplanes, replacing 
the affected captain's seat assembly. This AD also prohibits the 
installation of affected parts. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective November 12, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 12, 
2024.

ADDRESSES: 
    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 final rule, any comments received, and other 
information. The address for Docket Operations is U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
    <bullet> For Boeing material 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.
    <bullet> You may view this material 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 under 
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 <a href="/cdn-cgi/l/email-protection#400e29232f2c256e136e1433212e27002621216e272f36"><span class="__cf_email__" data-cfemail="521c3b313d3e377c017c0621333c35123433337c353d24">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all The Boeing Company 
Model 787-8, 787-9, and 787-10 airplanes. The NPRM published in the 
Federal Register on February 6, 2024 (89 FR 8109). The NPRM was 
prompted by a determination that the flight deck door decompression 
panel can strike the captain's seat headrest if a flight deck or below 
the flight deck rapid decompression event occurs when the seat is in a 
certain position. In the NPRM, the FAA proposed to require, for certain 
airplanes, replacing the affected captain's seat assembly. The FAA also 
proposed to prohibit the installation of affected parts. 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

[[Page 81327]]

the captain after a flight deck or below the flight deck rapid 
decompression event.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association, 
International (ALPA) and United Airlines who supported the NPRM without 
change.
    The FAA received additional comments from six commenters, including 
American Airlines, Air France, Boeing, British Airways, KLM Royal Dutch 
Airlines, and an individual. The following presents the relevant 
comments received on the NPRM and the FAA's response to each comment.

Request To Change Applicability

    American Airlines requested that the applicability of the proposed 
AD be limited to the Boeing airplanes with line numbers in the 
effectivity of Boeing Special Attention Requirements Bulletin B787-
81205-SB250294-00 RB, Issue 001, dated June 14, 2023. The commenter 
stated that the Boeing Illustrated Parts Data (IPD) does not allow the 
installation of the captain's seat having Ipeco part number (P/N) 
3A380-0007-01-7 on Boeing airplanes with line numbers that are not in 
the effectivity of Boeing Special Attention Requirements Bulletin B787-
81205-SB250294-00 RB, Issue 001, dated June 14, 2023.
    The FAA does not agree with the request. As explained in the NPRM, 
the FAA has determined there is a rotability issue, and the actions 
required by this AD can be accomplished on Boeing airplanes that are 
not identified in the effectivity of Boeing Special Attention 
Requirements Bulletin B787-81205-SB250294-00 RB, Issue 001, dated June 
14, 2023. It is physically possible to install a captain's seat having 
Boeing P/N S632Z301-21 (Ipeco P/N 3A380-0007-01-7) on airplanes 
initially delivered with the acceptable seat assemblies. The FAA has 
not changed this AD in response to this request.

Request for Alternative Method of Compliance

    Air France, KLM Royal Dutch Airlines, British Airways, and an 
individual requested the proposed AD be revised to allow using 
procedures or modifications similar to those in the existing Boeing 
Flight Crew Operations Manual (FCOM). Air France requested an 
alternative method of compliance (AMOC) that could consist of marking 
limits on the flight deck based on existing Boeing FCOM instructions 
and adding procedures (which the commenter stated Boeing is developing) 
into the Airplane Flight Manual (AFM). KLM Royal Dutch Airlines 
requested that, as an alternative to the proposed AD, the FAA consider 
allowing instructions similar to those in the existing Boeing FCOM, 
along with revising the procedures in the AFM to include installation 
of a placard limiting seat recline and providing information to aid 
accurate seat positioning. British Airways noted that the proposed AD 
allows installing later-approved part numbers and claimed that the 
later-approved part will be a seat with a placarding solution as 
proposed by Boeing that will essentially revert the part number back to 
a ``-7.'' British Airways requested that the proposed AD be revised to 
allow for the Boeing proposal using a placard as a means of compliance. 
An individual requested an AMOC-type approach that allows operators to 
enhance procedural compliance with the existing Boeing FCOM using 
procedures (including FCOM guidance around limiting the recline/aft 
movement of the seat), flight deck markings, and crew awareness 
training. The individual also requested a longer-term approach to the 
decompression panel issue that allow time for Boeing to come up with a 
permanent engineering solution to the door panel which will avoid the 
need to artificially limit the captain's seat recline. Air France 
stated that the seat modification makes it impossible for pilots to 
achieve effective rest and may force the operator to add a third pilot 
on the operated routes or change the Boeing 787 fleet network, which 
can cause significant costs. KLM Royal Dutch Airlines stated that the 
seat modification limits seat recline to the point that it reduces the 
ability for pilots to have a controlled rest, which can negatively 
affect flight safety. KLM Royal Dutch Airlines suggested that its 
proposal would achieve the same level of safety as the proposed seat 
hardware modification. British Airways noted that the mechanical 
limiting device is more restrictive for tilt and recline than the 
guidance in Boeing's existing FCOM, meaning pilots can't effectively 
rest in the operating seat, increasing operational risk due to pilot 
fatigue. British Airways suggested the increased risk due to pilot 
fatigue outweighs the low risk of a flight deck decompression while the 
pilot's seat is in the most rearward and tilted position. The 
individual stated that the risk analysis appears to be exaggerated 
given the likelihood of a decompression event occurring with a taller 
pilot without an alternative crew member available to safely continue 
flight, which the commenter stated is not likely given in-service 
experience of modern jet aircraft. The individual stated that the seat 
recline is restricted more than what would be required for 99.9% of the 
pilot cohort to avoid contact with the decompression panel in the event 
of an in-flight decompression. The individual suggested that the 
mechanical limiter doesn't account for the fore/aft position of the 
seat and assumes an absolute worst-case scenario with a pilot in the 
0.01 percentile.
    The FAA does not agree with the commenters' requests. The FAA 
evaluated fleet data and determined through risk analysis that the risk 
to flight crew is unacceptable and that delaying this action would be 
inappropriate. Additionally, the FAA notes that the flight deck door 
decompression panel may strike a taller or shorter pilot during a 
flight deck decompression event because 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 
commenters' proposals do not include supporting data that demonstrates 
an acceptable level of safety. However, under the provisions of 
paragraph (k) of this AD, operators may submit AMOC proposals that 
include supporting data that demonstrates an acceptable level of 
safety. Regarding a commenter's request to revise the AD to allow 
Boeing's proposed placard as a means of compliance, the FAA notes that 
this AD allows installing later-approved parts that meet the criteria 
specified in paragraph (h)(2) of this AD. A later-approved part may 
have a placard solution, but a placard solution alone is not the same 
as a later-approved part. The FAA has not changed this AD in response 
to these requests.

Request To Clarify Rapid Decompression Event

    Boeing requested that the FAA clarify text regarding the rapid 
decompression event that could lead to the unsafe condition. Boeing 
requested that the FAA revise the text ``flight deck decompression 
event'' to instead say ``flight deck or below the flight deck rapid 
decompression event'' when referring to events that could cause the 
flight deck door decompression panel to strike the captain's seat 
headrest. Boeing stated that each event would cause the flight deck 
door to open in the forward direction, either partially or fully.
    The FAA agrees with the request for the reasons provided. The FAA 
has revised this AD accordingly.

[[Page 81328]]

Request To Extend the Compliance Time

    British Airways requested that the compliance time be extended. 
British Airways noted that it relies on subcontractor suppliers to 
modify the seats, with limited extra seats to use while replacement 
seats are being provided, and the supplier may not have capacity to 
ramp up to conversion rate. British Airways added that Boeing does not 
have stock of the captain's seat having Boeing P/N S632Z301-31 (Ipeco 
P/N 3A380-0007-01-8) to support a fleet-wide campaign within the 3-year 
compliance time.
    The FAA does not agree with the request. After considering all the 
available information, the FAA has determined that the compliance time, 
as proposed, represents an appropriate interval of time in which the 
required actions can be performed in a timely manner within the 
affected fleet, while still maintaining an adequate level of safety. In 
developing an appropriate compliance time, the FAA considered the 
safety implications, parts availability, and normal maintenance 
schedules for timely accomplishment of the modifications. The FAA has 
not changed this AD in response to this request.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these products. Except for minor editorial changes, and 
any other changes described previously, this AD is adopted as proposed 
in the NPRM. None of the changes will increase the economic burden on 
any operator.

Material Incorporated by Reference 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 
material 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 material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 155 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                    Labor cost         Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Replacement.....................  Up to 3 work-hours           $1,335   Up to $1,590.......  Up to $246,450.
                                   x $85 per hour =
                                   $255.
----------------------------------------------------------------------------------------------------------------

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

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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:

2024-18-02 The Boeing Company: Amendment 39-22836; Docket No. FAA-
2024-0218; Project Identifier AD-2023-00779-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 12, 
2024.

(b) Affected ADs

    This AD affects AD 2016-19-04, Amendment 39-18653 (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 or below the flight deck rapid 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 or below the flight deck rapid 
decompression event.

(f) Compliance

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

[[Page 81329]]

(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 (P/N) S632Z301-21 (Ipeco P/N 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, 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 Bulletin 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, refers to 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 Boeing P/N 
S632Z301-31 (Ipeco P/N 3A380-0007-01-8), this AD requires installing 
that part number or a later-approved 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, having Boeing 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)(1) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#01404c4e42416760602f666e77"><span class="__cf_email__" data-cfemail="bdfcf0f2fefddbdcdc93dad2cb">[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 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

    (1) 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 <a href="/cdn-cgi/l/email-protection#420c2b212d2e276c116c1631232c25022423236c252d34"><span class="__cf_email__" data-cfemail="8fc1e6ece0e3eaa1dca1dbfceee1e8cfe9eeeea1e8e0f9">[email protected]</span></a>.
    (2) Material identified in this AD that is not incorporated by 
reference is available at the address specified in paragraph (m)(3) 
this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material 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 Boeing material 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 material 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#fa9c88d49394898a9f998e939594ba949b889bd49d958c"><span class="__cf_email__" data-cfemail="d2b4a0fcbbbca1a2b7b1a6bbbdbc92bcb3a0b3fcb5bda4">[email protected]</span></a>.

    Issued on September 3, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-23114 Filed 10-7-24; 8:45 am]
BILLING CODE 4910-13-P


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