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[Federal Register, Volume 88 Number 111 (Friday, June 9, 2023)]

[Rules and Regulations]
[Pages 37755-37760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12405]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA–2023–1055; Project Identifier AD–2023–00583–T; Amendment 39–

22445; AD 2023–10–09]

RIN 2120–AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY:
Federal Aviation Administration (FAA), DOT.

ACTION:
Final rule; request for comments.

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 reports of damaged decompression panels
from operators. This AD requires repetitive inspections for damaged fastener holes on the vertical and
bottom edges of the inward and outward blowing decompression panels installed on the forward and
aft cargo compartment vertical sidewall linings and applicable on-condition actions. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES:
This AD is effective June 26, 2023.

The FAA must receive comments on this AD by July 24, 2023.

ADDRESSES:
You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the
following methods:

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• 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 by searching for and locating Docket
No. FAA–2023–1055; 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 street address for Docket Operations is listed above.

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:

Background
The FAA has received a report indicating operators have found damaged fastener holes on vertical
sidewall decompression panels installed in the forward and aft cargo compartments ( i.e., cargo liner
panel). These decompression panels are designed to open only during a decompression event and
otherwise remain sealed. Damaged fastener holes that exceed the allowable damage limits or fastener
holes that are folded back during installation could result in movement of the decompression panel
affecting the seal. This could result in possible leakage in the cargo compartments, which in the event
of a cargo fire, could lead to 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.
The FAA is issuing this AD to address the unsafe condition on these products.

FAA's Determination
The FAA is issuing this AD because the agency has determined the unsafe condition described
previously is likely to exist or develop in other products of the same type design.

AD Requirements
This AD requires gaining access to the fastener holes on the vertical and bottom edges of the inward
and outward blowing decompression panels installed on the forward and aft cargo compartment
vertical sidewall linings; repetitive general visual inspections of those fastener holes for damage (such
as a tear, cut, split, puncture, or delamination) and applicable on-condition actions; and making sure
the panel fastener holes are not folded back when installing the decompression panel after completing

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the general visual inspection. On-condition actions include replacement of any decompression panel
having damaged fastener holes that exceed the allowable damage limits with a serviceable panel. The
allowable damage limits are as follows: damage on a fastener hole must not extend beyond the width
of the fastener hole; if the damage is on one side of the fastener hole and the other side of the fastener
hole has no damage, the damage must not extend more than the diameter of the fastener hole; the
decompression panel must not have more than two adjacent damaged fastener holes with damage; and
the decompression panel must not have more than four damaged fastener holes. For the purposes of
this AD, a serviceable panel is one that has not exceeded the allowable damage limits. A
decompression panel repaired using a method approved by The Boeing Company Organization
Designation Authorization (ODA) is considered serviceable.

Minimum Equipment List (MEL) Provision

Paragraph (j) of this AD specifies that if any decompression panel is damaged and the decompression
panel is deemed not serviceable, the airplane may be operated as specified in the operator's FAA-
approved MEL, provided provisions that address the damaged decompression panel are included in
the MEL.

Interim Action
The FAA considers this AD to be an interim action. If final action is later identified, the FAA might
consider further rulemaking then.

Justification for Immediate Adoption and Determination of the Effective Date

Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes
agencies to dispense with notice and comment procedures for rules when the agency, for “good cause,”
finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under
this section, an agency, upon finding good cause, may issue a final rule without providing notice and
seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make
rules effective in less than thirty days, upon a finding of good cause.

An unsafe condition exists that requires the immediate adoption of this AD without providing an
opportunity for public comments prior to adoption. The FAA has found that the risk to the flying
public justifies forgoing notice and comment prior to adoption of this rule because significant leakage
in the cargo compartments, in the event of a cargo fire, could lead to insufficient Halon concentrations
to adequately control the fire. This condition, if not addressed, could result in loss of continued safe
flight and landing of the airplane. Since this issue significantly compromises the fire suppression
system, which is a required safety feature for extended operations (ETOPS) flights, the FAA finds this
unsafe condition to be an urgent safety issue. In addition, the compliance time for the required action
is shorter than the time necessary for the public to comment and for publication of the final rule.
Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the
public interest pursuant to 5 U.S.C. 553(b)(3)(B).

In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this
amendment effective in less than 30 days, for the same reasons the FAA found good cause to forgo
notice and comment.

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Comments Invited
The FAA invites you to send any written data, views, or arguments about this final rule. Send your
comments to an address listed under ADDRESSES . Include Docket No. FAA–2023–1055 and
Project Identifier AD–2023–00583–T at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. 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.

Regulatory Flexibility Act

The requirements of the Regulatory Flexibility Act (RFA) do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has
determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not
required.

Costs of Compliance
The FAA estimates that this AD affects 152 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this AD:

Estimated Costs

Parts Cost per Cost on U.S.

Action Labor cost
cost product operators

Repetitive 8 work-hours × $85 per hour $0 $680 per $103,360 per

Inspection = $680 per inspection cycle inspection cycle inspection cycle

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The FAA estimates the following costs to do any necessary replacement that would be required based
on the results of the inspection. The FAA has no way of determining the number of aircraft that might
need this replacement:

On-Condition Costs

Action Labor cost Parts cost Cost per product

Replacement 1 work-hour × $85 per hour = $85 * $0 $85

* The FAA has received no definitive data for the parts cost on which to base the cost estimate for
the on-condition replacement specified in this AD. There are 19 panels on each airplane.

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, and

(2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

▪ Air transportation
▪ Aircraft
▪ Aviation safety
▪ Incorporation by reference
▪ Safety

The Amendment

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Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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:
2023–10–09 The Boeing Company: Amendment 39–22445; Docket No. FAA–2023–1055;
Project Identifier AD–2023–00583–T.

(a) Effective Date

This airworthiness directive (AD) is effective June 26, 2023.

(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 26, Fire Protection.

(e) Unsafe Condition

This AD was prompted by a report indicating operators have found damaged fastener holes on vertical
sidewall decompression panels installed in the forward and aft cargo compartments ( i.e., cargo liner
panel). The FAA is issuing this AD to address the possibility of leakage in the cargo compartments,
which in the event of a cargo fire, could lead to insufficient Halon concentrations to adequately control
the fire. The unsafe 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) Definitions

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For the purposes of this AD, the following terms are defined as follows.

(1) A “general visual inspection” is a visual examination of an interior or exterior area, installation, or
assembly to detect obvious damage, failure, or irregularity. This level of inspection is made from
within touching distance, unless otherwise specified. A mirror may be necessary to enhance visual
access to all exposed surfaces in the inspection area. This level of inspection is made under normally
available lighting conditions such as daylight, hangar lighting, flashlight, or drop-light and may
require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to
gain proximity to the area being checked. Basic cleaning may be required to ensure appropriate
visibility.

(2) A “damaged fastener hole” is a fastener hole having damage such as a tear, cut, split, puncture, or
delamination.

(3) A “serviceable panel” is a decompression panel that has not exceeded the allowable damage limits
specified in paragraphs (g)(3)(i) through (iv) of this AD. A decompression panel repaired using a
method approved by The Boeing Company Organization Designation Authorization (ODA) is
considered serviceable.

(i) If the damage is on the fastener hole, the damage must not extend beyond the width of the fastener
hole. Refer to figure 1 to paragraph (g)(3)(i) of this AD. Where figure 1 to paragraph (g)(3)(i) of this AD
refers to tears or tearing, this includes all types of damage as defined in paragraph (g)(2) of this AD.

Figure 1 to paragraph (g)(3)(i) — Allowable damage not extending beyond fastener hole width

(ii) If the damage is on one side of the fastener hole and the other side of the fastener hole has no
damage, the damage must not extend more than the diameter of the fastener hole. Refer to figure 2 to

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paragraph (g)(3)(ii) of this AD. Where figure 2 to paragraph (g)(3)(ii) of this AD refers to tears,
tearing, or tearing damage, this includes all types of damage as defined in paragraph (g)(2) of this AD.

Figure 2 to paragraph (g)(3)(ii) — Allowable damage not extending more than fastener hole
diameter

(iii) The decompression panel must not have more than two adjacent damaged fastener holes.

Note 1 to paragraph (g)(3)(iii): The limits in paragraphs (g)(3)(iii) and (iv) of this AD refer only to
the fastener holes found on the vertical and bottom edges of the decompression panel. These limits do
not refer to the fastener holes found on the top edge of the decompression panel.

(iv) The decompression panel must not have more than four damaged fastener holes.

(h) Repetitive Inspections

Within 90 days after the effective date of this AD, or within 90 days since the date of issuance of the
original airworthiness certificate or date of issuance of the original export certificate of airworthiness,
whichever occurs later, accomplish the actions specified in paragraphs (h)(1) and (2) of this AD.
Repeat the actions thereafter at intervals not to exceed 90 days.

(1) Gain access to the fastener holes on the vertical and bottom edges of the inward and outward
blowing decompression panels installed on the forward and aft cargo compartment vertical sidewall
linings.

Note 2 to paragraph (h)(1): Additional guidance for gaining access to the fastener holes required
by paragraph (h)(1) of this AD and performing the general visual inspection required by paragraph (h)

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(2) of this AD can be found in Boeing 787 Aircraft Maintenance Manual (AMM) Task B787–A–50–11–
08–02A–280A–A, Lower Cargo Compartment Decompression Panel Inspection.

(2) Do a general visual inspection for any damaged fastener holes.

(i) Reinstallation or Replacement

(1) If, during any inspection required by paragraph (h) of this AD, no damaged fastener holes are
found or any damaged fastener is found but the decompression panel is deemed serviceable, before
further flight, reinstall the decompression panel and make sure the panel fastener holes are not folded
back.

Note 3 to paragraph (i)(1): Additional guidance for reinstalling the decompression panel required
by paragraph (i)(1) of this AD or replacing any damaged panel required by paragraph (i)(2) of this AD
can be found in Boeing 787 AMM Task B787–A–50–11–06–03A–520A–A, Forward and Aft Cargo
Compartment Vertical Sidewall Lining Removal; and Boeing 787 AMM Task B787–A–50–11–06–
03A–720A–A, Forward and Aft Cargo Compartment Vertical Sidewall Lining Installation.

Note 4 to paragraph (i)(1): This note applies to paragraphs (i)(1) and (2) of this AD. A folded back
panel edge could contribute to inadvertent movement of the decompression panel.

(2) If, during any inspection required by paragraph (h) of this AD, any damaged fastener hole is found
and the decompression panel is deemed not serviceable, before further flight, replace the panel with a
serviceable panel, except as provided by paragraph (j) of this AD. Replacement must be done in
accordance with the operator's maintenance or inspection program, as applicable. Make sure the panel
fastener holes are not folded back when installing the decompression panel.

(j) Minimum Equipment List (MEL) Provisions

If any decompression panel inspected as required by paragraph (h)(2) of this AD is damaged and the
decompression panel is deemed not serviceable, the airplane may be operated as specified in the
operator's FAA-approved MEL, provided provisions that address the damaged decompression panel
are included in the MEL.

(k) Relief for Maintenance Review Board Report (MRBR) Task

Doing the inspection required by paragraph (h) of this AD is acceptable for compliance to Boeing 787
MRBR Task 50–005–00 (general visual inspection of cargo compartment liners) for inspecting the
panel fastener holes required by the existing maintenance or inspection program.

(l) 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 Continued Operational Safety
Branch, send it to the attention of the person identified in paragraph (m)(1) of this AD. Information
may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.

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(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.

(m) 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: Nicole.S.Tsang@faa.gov.

(2) For Boeing service information identified in this AD that is not incorporated by reference, 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.

(n) Material Incorporated by Reference

None.

Issued on May 24, 2023.

Michael Linegang,

Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service.

BILLING CODE 4910–13–P

[FR Doc. 2023–12405 Filed 6–7–23; 8:45 am]

BILLING CODE 4910–13–C

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