[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Proposed Rules]
[Pages 42749-42755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15127]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0580; Product Identifier 2020-NM-052-AD]
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 supersede Airworthiness Directive (AD)
2019-02-03, which applies to all The Boeing Company Model 787-8, 787-9,
and 787-10 airplanes. AD 2019-02-03 requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. Since the FAA issued AD
2019-02-03, the manufacturer has developed a new fire handle design
that will eliminate the need for the airworthiness limitations required
by AD 2019-02-03. This proposed AD would retain the requirements of AD
2019-02-03 and would require incorporation of an airworthiness
limitation which applies only to certain airplanes. This proposed AD
would also require replacing or modifying certain engine fire control
panels, which would terminate the revised airworthiness limitation when
a certain condition is met. 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 August 31,
2020.
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 https://www.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.
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; internet https://www.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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0580.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0580; 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. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tak Kobayashi, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206-231-3553; 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 the ADDRESSES section. Include ``Docket No. FAA-2020-0580;
Product Identifier 2020-NM-052-AD'' at the beginning of your comments.
The FAA
[[Page 42750]]
specifically invites comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. The FAA will consider
all comments received by the closing date and may amend this NPRM
because of those comments.
The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this proposed AD.
Discussion
The FAA issued AD 2019-02-03, Amendment 39-19550 (84 FR 2437,
February 7, 2019) (``AD 2019-02-03''), for all The Boeing Company Model
787-8, 787-9, and 787-10 airplanes. AD 2019-02-03 requires revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. AD 2019-
02-03 resulted from reports of warpage of internal engine fire handle
components, which can cause binding and prevent proper operation. The
FAA issued AD 2019-02-03 to address a latent failure of the engine fire
handle, which could result in the inability to extinguish an engine
fire that, if uncontrollable, could lead to wing failure.
Actions Since AD 2019-02-03 Was Issued
The preamble to AD 2019-02-03 explains that the FAA considered the
requirements ``interim action'' and was considering further rulemaking.
Since the FAA issued AD 2019-02-03, the manufacturer developed a new
fire handle design for the engine fire control panel. The FAA has
determined that replacement with a new or modified engine fire control
panel addresses the unsafe condition and will eliminate the need for
the airworthiness limitations required by AD 2019-02-03. Therefore, the
FAA has determined that the airworthiness limitations required by AD
2019-02-03 should be revised to limit its applicability to airplanes
equipped with the old design--an engine fire control panel having part
number (P/N) 412600-001 or an engine fire shutoff switch having P/N
417000-101 or 417000-102. The FAA has also determined that once the new
or modified engine fire control panel is installed on all affected
airplanes in an operator's fleet, the revised airworthiness limitation
may be removed.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Requirements Bulletin B787-81205-SB260008-
00 RB, Issue 001, dated March 10, 2020. The service information
describes procedures for replacing the engine fire control panel with a
new or modified panel. 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 the ADDRESSES section.
FAA's Determination
The FAA is proposing this AD because the agency evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.
Proposed AD Requirements
This proposed AD would retain all actions of AD 2019-02-03. This
proposed AD would also require revising the existing maintenance or
inspection program, as applicable, to incorporate an airworthiness
limitation that applies to airplanes equipped with an engine fire
control panel having part number (P/N) 412600-001, or an engine fire
shutoff switch having P/N 417000-101 or P/N 417000-102. This proposed
AD would also require accomplishment of the actions identified in
Boeing Requirements Bulletin B787-81205-SB260008-00 RB, Issue 001,
dated March 10, 2020, described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-0580.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (o) of this proposed AD.
Explanation of Requirements Bulletin
The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(AD ARC), to enhance the AD system. One enhancement is a process for
annotating which steps in the service information are ``required for
compliance'' (RC) with an AD. Boeing has implemented this RC concept
into Boeing service bulletins.
In an effort to further improve the quality of ADs and AD-related
Boeing service information, a joint process improvement initiative was
worked between the FAA and Boeing. The initiative resulted in the
development of a new process in which the service information more
clearly identifies the actions needed to address the unsafe condition
in the ``Accomplishment Instructions.'' The new process results in a
Boeing Requirements Bulletin, which contains only the actions needed to
address the unsafe condition (i.e., only the RC actions).
Costs of Compliance
The FAA estimates that this proposed AD affects 122 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2019-02-03 to be $7,650 (90 work-hours x $85 per work-
hour).
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. In the past, the agency has estimated that this action
takes 1 work-hour per airplane. Since operators incorporate maintenance
or inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate.
The FAA estimates the total cost per operator for the new proposed
maintenance or inspection program revision to be $7,650 (90 work-hours
x $85 per work-hour).
[[Page 42751]]
Estimated Costs for Required Replacement or Modification
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Replacement or modification........... 2 work-hours x $85 per $5,000 $5,170 $630,740
hour = $170.
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According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in our cost estimate.
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 has 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 that the proposed
regulation:
(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 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 removing Airworthiness Directive (AD)
2019-02-03, Amendment 39-19550 (84 FR 2437, February 7, 2019), and
adding the following new AD:
The Boeing Company: Docket No. FAA-2020-0580; Product Identifier
2020-NM-052-AD.
(a) Comments Due Date
The FAA must receive comments on this AD action by August 31,
2020.
(b) Affected ADs
This AD replaces AD 2019-02-03, Amendment 39-19550 (84 FR 2437,
February 7, 2019) (``AD 2019-02-03'').
(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 26, Fire
protection.
(e) Unsafe Condition
This AD was prompted by reports of warpage of internal engine
fire handle components that can cause binding and prevent proper
operation, and by the development of a new fire handle design that
will prevent the unsafe condition. The FAA is issuing this AD to
address a latent failure of the engine fire handle, which could
result in the inability to extinguish an engine fire that, if
uncontrollable, could lead to wing failure.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Maintenance/Inspection Program Revision, With No Changes
This paragraph restates the requirements of paragraph (g) of AD
2019-02-03, with no changes. Within 14 days after February 22, 2019
(the effective date of AD 2019-02-03), revise the existing
maintenance or inspection program, as applicable, to add
airworthiness limitation 28-AWL-FIRE, by incorporating the
information specified in figure 1 to paragraph (g) of this AD into
the Airworthiness Limitations Section of the Instructions for
Continued Airworthiness. The initial compliance time for
accomplishing the actions specified in figure 1 to paragraph (g) of
this AD is within 45 days after February 22, 2019.
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(h) Retained Restrictions on Alternative Actions and Intervals, With
New Exception
This paragraph restates the requirements of paragraph (h) of AD
2019-02-03, with a new exception. Except as required by paragraph
(k) of this AD: After accomplishment of the existing maintenance or
inspection program revision required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or intervals may be used
unless the actions or intervals are approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (o) of this AD.
(i) New Required Actions
For the airplanes identified in Boeing Requirements Bulletin
B787-81205-SB260008-00 RB, Issue 001, dated March 10, 2020: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Requirements Bulletin B787-81205-SB260008-00 RB, Issue 001, dated
March 10, 2020, except as specified by paragraph (j) of this AD, do
all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Requirements Bulletin B787-
81205-SB260008-00 RB, Issue 001, dated March 10, 2020.
Note 1 to paragraph (i): Guidance for accomplishing the actions
required by
[[Page 42753]]
paragraph (i) of this AD can be found in Boeing Service Bulletin
B787-81205-SB260008-00, Issue 001, dated March 10, 2020, which is
referred to in Boeing Requirements Bulletin B787-81205-SB260008-00
RB, Issue 001, dated March 10, 2020.
(j) Exception to Service Information Specifications
Where Boeing Requirements Bulletin B787-81205-SB260008-00 RB,
Issue 001, dated March 10, 2020, uses the phrase ``the issue 001
date of Requirements Bulletin B787-81205-SB260008-00 RB,'' this AD
requires using ``the effective date of this AD.''
(k) New Maintenance/Inspection Program Revision
Prior to or concurrently with the actions specified in paragraph
(i) of this AD, or within 30 days after the effective date of the
AD, whichever occurs later: Revise the existing maintenance or
inspection program, as applicable, by incorporating the information
specified in figure 2 to paragraph (k) of this AD into the
Airworthiness Limitations Section of the Instructions for Continued
Airworthiness. It is acceptable to change the limitation number from
28-AWL-FIRE to 26-AWL-FIRE, provided the rest of the information in
figure 2 to paragraph (k) of this AD remains unchanged. The initial
compliance time for accomplishing the actions specified in figure 2
to paragraph (k) of this AD is within 30 days after accomplishing
the last 28-AWL-FIRE or 26-AWL-FIRE task, as applicable.
Accomplishing the revision required by this paragraph terminates the
actions required by paragraph (g) of this AD.
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(l) New Restrictions on Alternative Actions and Intervals
After accomplishment of the existing maintenance or inspection
program revision required by paragraph (k) of this AD, no
alternative actions (e.g., inspections) or intervals may be used
unless the actions or intervals are approved as an AMOC in
accordance with the procedures specified in paragraph (o) of this
AD.
(m) Terminating Action for Repetitive Inspections
Accomplishment of the actions required by paragraph (i) of this
AD on all affected airplanes in an operator's fleet terminates the
requirements of paragraph (k) of this AD.
(n) Parts Installation Prohibition
As of the effective date of this AD, no person may install on
any airplane any engine fire control panel having part number (P/N)
412600-001, or any engine fire shutoff switch having P/N 417000-101
or P/N 417000-102.
[[Page 42755]]
(o) 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 local Flight Standards District
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 (p)(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 local flight standards district office/certificate holding
district 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, 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 previously for AD 2019-02-03 are approved as
AMOCs for the corresponding provisions of paragraph (g) of this AD.
(p) Related Information
(1) For more information about this AD, contact Tak Kobayashi,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3553; email: [email protected].
(2) 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; internet https://www.myboeingfleet.com. You may view this referenced 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.
Issued on July 7, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-15127 Filed 7-14-20; 8:45 am]
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