[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Rules and Regulations]
[Pages 31166-31169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10330]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1171; Project Identifier AD-2022-00852-T; 
Amendment 39-22417; AD 2023-08-02]
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 superseding Airworthiness Directive (AD) 2018-05-06 
and AD 2021-08-19, which both applied to certain The Boeing Company 
Model 787-8, -9, and -10 airplanes. AD 2018-05-06 required repetitive 
inspections of the bilge barriers located in the forward and aft cargo 
compartments for disengaged decompression panels, and reinstalling any 
disengaged panels; and required replacing the existing decompression 
panels with new panels and straps, which terminated the repetitive 
inspections. AD 2021-08-19 required repetitive general visual 
inspections for disengaged or damaged decompression panels of the bilge 
barriers located in the forward and aft cargo compartments, 
reinstallation of disengaged but undamaged panels, and replacement of 
damaged panels. This AD was prompted by reports of multiple incidents 
of torn decompression panels found in the bilge area, and the 
development of new procedures for changing or replacing the bilge 
barrier assembly in the forward and aft cargo compartments. This AD 
retains the requirements of AD 2021-08-19 and requires changing or 
replacing the bilge barrier assembly in the forward and aft cargo 
compartments, which terminates the repetitive inspections. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective June 20, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 20, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1171; 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:
     For service information identified in this final rule, 
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 under Docket No. FAA-2022-1171.

FOR FURTHER INFORMATION CONTACT: Brandon Lucero, Aerospace Engineer, 
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3569; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-08-19, Amendment 39-21513 (86 FR 
20440, April 20, 2021) (AD 2021-08-19). AD 2021-08-19 applied to all 
The Boeing Company Model 787-8, -9, and -10 airplanes. The NPRM 
published in the Federal Register on December 6, 2022 (87 FR 74524). 
The NPRM was prompted by reports of multiple incidents of torn 
decompression panels being found in the bilge area, and the development 
of new procedures for changing or replacing the bilge barrier assembly 
in the forward cargo compartment. In the NPRM, the FAA proposed to 
retain the requirements of AD 2021-08-19 and require changing or 
replacing the bilge barrier assembly in the forward and aft cargo 
compartments, which would terminate the repetitive inspections. The FAA 
is issuing this AD to address the possibility of leakage in the bilge 
area, which could, in the event of a cargo fire, result in insufficient 
Halon concentrations to adequately control the fire. This condition, if 
not addressed, could result in the loss of continued safe flight and 
landing of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association, 
International (ALPA) and United Airlines (UAL), who supported the NPRM 
without change.
    The FAA received additional comments from three commenters, 
including American Airlines (AAL), Boeing, and JAL Engineering Co., 
Ltd. (JAL). The following presents the comments received on the NPRM 
and the FAA's response to each comment.

Request To Change Applicability

    AAL, Boeing, and JAL requested that the applicability be limited to 
airplanes identified in Boeing Alert Requirements Bulletin B787-81205-
SB500011-00 RB, Issue 001, dated May 10, 2022. The commenters stated 
that the required actions had already been accomplished in-production 
via Boeing Change Notice (CN) AA85484 Part A for the airplanes not 
identified in Boeing Alert Requirements Bulletin B787-81205-SB500011-00 
RB, Issue 001, dated May 10, 2022. JAL added that CN AA85484 Part A was 
approved as an alternative method of compliance (AMOC) to the

[[Page 31167]]

repetitive inspections required by paragraph (g) of AD 2021-08-19.
    The FAA agrees to the requested change for the reasons provided. 
Paragraph (c) of this AD has been changed accordingly.

Request To Correct Certain Preamble Wording

    AAL and Boeing requested that two sentences in the proposed AD 
specifying ``procedures for changing or replacing the bilge barrier 
assembly in the forward cargo compartment'' be revised to specify the 
``forward and aft cargo compartments.'' Boeing requested the wording be 
changed in the SUMMARY, while AAL requested the wording be changed in 
the ``Actions Since AD 2021-08-19'' paragraph of the proposed AD. Both 
commenters pointed out that the modification referenced in the 
paragraph also applies to the aft cargo compartment.
    The FAA agrees to change the wording as requested in the SUMMARY, 
but notes that this final rule does not contain the ``Actions Since AD 
2021-08-19'' paragraph.

Request To Supersede Additional AD

    AAL and Boeing requested that the proposed AD replace (supersede) 
AD 2018-05-06, Amendment 39-19215 (83 FR 9688, March 7, 2018)(AD 2018-
05-06) as well as AD 2021-08-19. AAL stated that Boeing Alert 
Requirements Bulletin B787-81205-SB500011-00 RB, Issue 001, dated May 
10, 2022, refers to both AD 2018-05-06 and AD 2021-08-19. Boeing added 
that Boeing Alert Requirements Bulletin B787-81205-SB500011-00 RB, 
Issue 001, dated May 10, 2022, states that it is an alternative method 
of compliance (AMOC) to AD 2018-05-06.
    The FAA agrees that AD 2018-05-06 should also be superseded by this 
AD, and notes that AD 2018-05-06 required replacing decompression 
panels with panels having part numbers that are now obsolete. This AD 
has been revised to specify that it also supersedes AD 2018-05-06.

Request To Allow Certain AMOCs

    AAL requested that the AMOCs approved for AD 2018-05-06 be approved 
as AMOCs for the proposed AD. AAL stated that it understands that 
paragraph D., ``Approval'' of Boeing Alert Requirements Bulletin B787-
81205-SB500011-00 RB, Issue 001, dated May 10, 2022, contains a global 
AMOC for AD 2018-05-06 and AD 2021-08-19.
    The FAA agrees to clarify. The FAA acknowledges that the AMOC in 
FAA approval letter 785-22-5682 grants approval of Boeing Alert 
Requirements Bulletin B787-81205-SB500011-00 RB, Issue 001, dated May 
10, 2022, as an AMOC to the requirements of paragraph (i) of AD 2018-
05-06. However, that AMOC does not apply to this AD because this AD 
requires accomplishing the actions in Boeing Alert Requirements 
Bulletin B787-81205-SB500011-00 RB, Issue 001, dated May 10, 2022. The 
only other AMOC for AD 2018-05-06 (FAA approval letter 785-21-4492a) 
allows installing now obsolete part numbers for the decompression 
panels, and would therefore not be appropriate to apply to this AD. 
Also, as previously discussed, this AD has been revised to specify that 
it now supersedes AD 2018-05-06. The FAA has not changed this AD 
regarding this issue.

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.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin B787-81205-
SB500011-00 RB, Issue 001, dated May 10, 2022. This service information 
specifies procedures for changing or replacing the bilge barrier 
assembly in the forward cargo compartments at stations (STA) 345 and 
825 and aft cargo compartment at STA 1304. 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.

Costs of Compliance

    The FAA estimates that this AD affects 135 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                                  Cost on U.S.
             Action                  Labor cost           Parts cost         Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Repetitive inspections           3 work-hours x     $0....................  $255 per           $34,425 per
 (retained actions).              $85 per hour =                             inspection cycle.  inspection
                                  $255 per                                                      cycle.
                                  inspection cycle.
Change or replace bilge barrier  Up to 7 work-      Up to $12,100.........  Up to $12,695....  Up to $1,713,825.
 (new proposed action).           hours x $85 per
                                  hour = $595.
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    The FAA estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
inspection. The agency has no way of determining the number of aircraft 
that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement (retained requirement)............  1 work-hour x $85 per hour = $85             (*)             $85
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* The FAA has received no definitive data on which to base the parts costs estimates for the replacements.


[[Page 31168]]

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:
0
a. Removing Airworthiness Directive (AD) 2018-05-06, Amendment 39-19215 
(83 FR 9688, March 7, 2018); and AD 2021-08-19, Amendment 39-21513 (86 
FR 20440, April 20, 2021); and
0
b. Adding the following new AD:

2023-08-02 The Boeing Company: Amendment 39-22417; Docket No. FAA-
2022-1171; Project Identifier AD-2022-00852-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 20, 2023.

(b) Affected ADs

    This AD replaces AD 2018-05-06, Amendment 39-19215 (83 FR 9688, 
March 7, 2018) (AD 2018-05-06); and AD 2021-08-19, Amendment 39-
21513 (86 FR 20440, April 20, 2021) (AD 2021-08-19).

(c) Applicability

    This AD applies to The Boeing Company Model 787-8, -9, and -10 
airplanes, certificated in any category, as identified in Boeing 
Alert Requirements Bulletin B787-81205-SB500011-00 RB, Issue 001, 
dated May 10, 2022.

(d) Subject

    Air Transport Association (ATA) of America Code 50, Cargo and 
accessory compartments.

(e) Unsafe Condition

    This AD was prompted by reports of multiple incidents of torn 
decompression panels being found in the bilge area, and the 
development of new procedures for changing or replacing the bilge 
barrier assembly in the forward cargo compartment. The FAA is 
issuing this AD to address the possibility of leakage in the bilge 
area, which could, in the event of a cargo fire, result in 
insufficient Halon concentrations to adequately control the fire. 
This condition, if not addressed, could result in the loss of 
continued safe flight and landing of the airplane.

(f) Compliance

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

(g) Retained Repetitive Inspections and Corrective Action With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2021-08-19 with no changes. At the applicable times specified in 
paragraph (g)(1) or (2) of this AD: Do a general visual inspection 
for disengaged or damaged (torn) decompression panels of the bilge 
barriers located in the forward and aft cargo compartments. If any 
disengaged but undamaged panel is found: Before further flight, 
reinstall the panel. If any damaged panel is found: Before further 
flight, replace the panel with a new or serviceable panel. 
Reinstallations and replacements must be done in accordance with the 
operator's maintenance or inspection program, as applicable.
    (1) If a general visual inspection for disengaged or damaged 
(torn) decompression panels of the bilge barriers was done before 
May 5, 2021 (the effective date of AD 2021-08-19): Do the next 
inspection within 4 calendar months after the most recent 
inspection. Repeat the inspection thereafter at intervals not to 
exceed 4 calendar months.
    (2) If a general visual inspection for disengaged or damaged 
(torn) decompression panels of the bilge barriers was not done 
before May 5, 2021 (the effective date of AD 2021-08-19): Do the 
initial inspection within 30 days after May 5, 2021. Repeat the 
inspection thereafter at intervals not to exceed 4 calendar months.

(h) Retained MEL Provisions With No Changes

    This paragraph restates the provisions of paragraph (h) of AD 
2021-08-19 with no changes. If any decompression panel inspected as 
required by this AD is disengaged or damaged, the airplane may be 
operated as specified in the operator's existing FAA-approved 
minimum equipment list (MEL), provided provisions that address the 
disengaged or damaged decompression panels are included in the MEL.

(i) New Required Actions

    Except as specified by paragraph (j) of this AD: At the 
applicable times specified in the ``Compliance,'' paragraph of 
Boeing Alert Requirements Bulletin B787-81205-SB500011-00 RB, Issue 
001, dated May 10, 2022, do all applicable actions identified in, 
and in accordance with, the Accomplishment Instructions of Boeing 
Alert Requirements Bulletin B787-81205-SB500011-00 RB, Issue 001, 
dated May 10, 2022. Accomplishing the actions required by this 
paragraph terminates the repetitive inspections required by 
paragraph (g) of this AD.
    Note 1 to paragraph (i): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
B787-81205-SB500011-00, Issue 001, dated May 10, 2022, which is 
referred to in Boeing Alert Requirements Bulletin B787-81205-
SB500011-00 RB, Issue 001, dated May 10, 2022.

(j) Exceptions to Service Information Specifications

    Where the Compliance Time column of the table in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin B787-
81205-SB500011-00 RB, Issue 001, dated May 10, 2022, uses the phrase 
``the Issue 001 date of Requirements Bulletin B787-81205-SB500011-00 
RB,'' this AD requires using ``the effective date of this AD.''

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO 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: [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.

[[Page 31169]]

    (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, Seattle 
ACO 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.
    (4) AMOCs approved for AD 2021-08-19 are approved as AMOCs for 
the corresponding provisions of Boeing Alert Requirements Bulletin 
B787-81205-SB500011-00 RB, Issue 001, dated May 10, 2022, that are 
required by paragraph (i) of this AD.

(l) Related Information

    (1) For more information about this AD, contact Brandon Lucero, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3569; email: [email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (4) of this AD.

(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 Alert Requirements Bulletin B787-81205-SB500011-00 
RB, Issue 001, dated May 10, 2022.
    (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 service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 11, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-10330 Filed 5-15-23; 8:45 am]
BILLING CODE 4910-13-P


