AD 2018-05-06

[Federal Register Volume 83, Number 45 (Wednesday, March 7, 2018)]
[Rules and Regulations]
[Pages 9688-9692]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2018-04261]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0527; Product Identifier 2017-NM-015-AD; Amendment 
39-19215; AD 2018-05-06]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2016-09-12, 
which applied to certain The Boeing

[[Page 9689]]

Company Model 787-8 and 787-9 airplanes. AD 2016-09-12 required 
repetitive inspections of the bilge barriers located in the forward and 
aft cargo compartments for disengaged decompression panels, and 
reinstalling any disengaged panels. This AD retains the actions 
required by AD 2016-09-12 and requires replacing the existing 
decompression panels with new panels and straps, which terminates the 
repetitive inspections. This AD also removes airplanes from the 
applicability. This AD was prompted by a terminating modification 
developed to address the unsafe condition. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective April 11, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 11, 
2018.

ADDRESSES: 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; telephone 562-797-1717; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. 
You may view this service information at the FAA, Transport Standards 
Branch, 2200 South 216th Street, 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching 
for and locating Docket No. FAA-2017-0527.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2017-
0527; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this final rule, the regulatory evaluation, any comments 
received, and other information. The address for the Docket Office 
(phone: 800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Susan L. Monroe, Aerospace Engineer, 
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO 
Branch, 2200 South 216th Street, Des Moines, WA 98198-6547; phone: 206-
231-3570; email: <a href="/cdn-cgi/l/email-protection#2e5d5b5d4f400042004341405c414b6e484f4f00494158"><span class="__cf_email__" data-cfemail="097a7c7a68672765276466677b666c496f6868276e667f">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2016-09-12, Amendment 39-18510 (81 FR 27300, 
May 6, 2016) (``AD 2016-09-12''). AD 2016-09-12 applied to certain The 
Boeing Company Model 787-8 and 787-9 airplanes. The NPRM published in 
the Federal Register on June 6, 2017 (82 FR 25983). The NPRM was 
prompted by a terminating modification developed to address the unsafe 
condition. The NPRM proposed to continue to require repetitive 
inspections of the bilge barriers located in the forward and aft cargo 
compartments for disengaged decompression panels, and reinstallation of 
any disengaged panels. The NPRM also proposed to require replacing the 
existing decompression panels with new panels and straps, which would 
terminate the repetitive inspections. The NPRM also proposed to remove 
airplanes from the applicability. We are issuing this AD to prevent 
decompression panels from disengaging from the bilge barriers located 
in the forward and aft cargo compartments. In the event of a cargo 
compartment fire, this condition would provide a path for smoke and 
Halon to enter the flight compartment and passenger cabin, which could 
result in the inability to contain and extinguish a fire.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Supportive Comment

    The Air Line Pilots Association, International stated that it 
agrees with the intent of the NPRM.

Request To Extend Compliance Time

    Japan Airlines (JAL) asked that we extend the compliance time for 
the replacement of the decompression panels required by paragraph (i) 
of the proposed AD from 22 to 48 months. JAL stated that extending this 
compliance time will not affect the safety level because the repetitive 
inspections specified by paragraph (g) of the proposed AD would still 
be required. JAL asked that the replacement be done during a C-check 
maintenance interval, which is three years. JAL added that it would 
also like to add a one-year margin for airplanes on which the 
decompression panel is not replaced due to inevitable circumstances.
    American Airlines (AAL) and United Airlines (UAL) asked that we 
extend the compliance time from 22 to 36 months, for the same reasons 
provided by JAL. AAL added that replacing the panels within 22 months 
would result in an undue maintenance burden on operators.
    We agree to extend the compliance time for the replacement of the 
decompression panels from 22 to 36 months, because the repetitive 
inspections will maintain an acceptable margin of safety until the 
redesigned decompression panels are installed. This extension has been 
coordinated with the manufacturer. Therefore, we have extended the 
compliance time in paragraph (i) of this AD accordingly.
    We do not agree to extend the compliance time to 48 months, which 
would exceed the acceptable margin of safety. A 36-month compliance 
time provides an adequate interval of time for replacing the 
decompression panels without compromising safety.

Request To Include the Latest Service Information

    Boeing asked that we add Boeing Alert Service Bulletin B787-81205-
SB500009-00, Issue 003, dated December 7, 2016, to the proposed AD as 
an alternative to using Boeing Alert Service Bulletin B787-81205-
SB500009-00, Issue 001, dated November 16, 2015 (referenced in the NPRM 
as the appropriate source of service information for accomplishing the 
actions).
    We agree that this final rule should refer to the latest service 
information. Since we issued the NPRM, Boeing has released Boeing Alert 
Service Bulletin B787-81205-SB500009-00, Issue 003, dated December 7, 
2016. In the NPRM, we refer to Boeing Alert Service Bulletin B787-
81205-SB500009-00, Issue 001, dated November 16, 2015, as the 
appropriate source of service information. No additional work is 
necessary on airplanes on which the actions were performed before the 
effective date of this AD using Boeing Alert Service Bulletin B787-
81205-SB500009-00, Issue 001, dated November 16, 2015. We have 
therefore revised paragraphs (g) and (h) of this AD to add Boeing Alert 
Service Bulletin B787-81205-SB500009-00, Issue 003, dated December 7, 
2016, as the source of service information for accomplishing the 
actions. We have added paragraph (k) to this AD to specify credit for 
prior accomplishment of the actions specified in Boeing Alert Service 
Bulletin B787-81205-SB500009-00, Issue 001, dated

[[Page 9690]]

November 16, 2015. We have redesignated subsequent paragraphs 
accordingly.

Request To Clarify Description of ``Adjustable Straps''

    Boeing asked that we change the term ``adjustable straps'' to 
``adjustable straps (zip ties)'' throughout the NPRM for clarification.
    We agree with the commenter's request for the reason provided. We 
have changed the ``Related Service Information under 1 CFR part 51'' 
section and paragraph (i) of this AD accordingly.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously, and minor editorial 
changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin B787-81205-SB500008-00, 
Issue 001, dated December 7, 2016. This service information describes 
procedures for replacing the existing decompression panels with new 
panels and adjustable straps (zip ties).
    We also reviewed Boeing Alert Service Bulletin B787-81205-SB500009-
00, Issue 003, dated December 7, 2016. This service information 
describes procedures for repetitive inspections of the bilge barriers 
located in the forward and aft cargo compartments for disengaged 
decompression panels, and reinstalling any disengaged panels.
    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.

Costs of Compliance

    We estimate that this AD affects 50 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained inspections...........  3 work-hours x $85 per               $0  $255 per            $12,750 per
                                  hour = $255 per                          inspection cycle.   inspection cycle.
                                  inspection cycle.
New modification...............  7 work-hours x $85 per           11,748  12,343............  617,150.
                                  hour = $595.
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    We estimate the following costs to do any necessary reinstallation 
required based on the results of the inspection. We have no way of 
determining the number of aircraft that might need this action:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Reinstallation................................  1 work-hour x $85 per hour = $85              $0             $85
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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.
    We are 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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

Regulatory Findings

    We have determined that 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) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

[[Page 9691]]

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) 
2016-09-12, Amendment 39-18510 (81 FR 27300, May 6, 2016), and adding 
the following new AD:

2018-05-06 The Boeing Company: Amendment 39-19215; Docket No. FAA-
2017-0527; Product Identifier 2017-NM-015-AD.

(a) Effective Date

    This AD is effective April 11, 2018.

(b) Affected ADs

    This AD replaces AD 2016-09-12, Amendment 39-18510 (81 FR 27300, 
May 6, 2016) (``AD 2016-09-12'').

(c) Applicability

    This AD applies to The Boeing Company Model 787-8 and 787-9 
airplanes, certificated in any category, as identified in Boeing 
Alert Service Bulletin B787-81205-SB500008-00, Issue 001, dated 
December 7, 2016.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Unsafe Condition

    This AD was prompted by a terminating modification developed to 
address the unsafe condition. We are issuing this AD to prevent 
decompression panels from disengaging from the bilge barriers 
located in the forward and aft cargo compartments. In the event of a 
cargo compartment fire, this condition would provide a path for 
smoke and Halon to enter the flight compartment and passenger cabin, 
which could result in the inability to contain and extinguish a 
fire.

(f) Compliance

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

(g) Retained Repetitive Inspections, With Revised Service Information 
and Added Reference to Terminating Action

    This paragraph restates the requirements of paragraph (g) of AD 
2016-09-12, with revised service information and an added reference 
to terminating action: At the applicable time specified in paragraph 
(g)(1) or (g)(2) of this AD, do a general visual inspection of the 
bilge barriers located in the forward and aft cargo compartments for 
disengaged decompression panels, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin B787-
81205-SB500009-00, Issue 001, dated November 16, 2015; or Issue 003, 
dated December 7, 2016. Repeat the inspection thereafter at the 
applicable times specified in paragraph 5. ``Compliance,'' of Boeing 
Alert Service Bulletin B787-81205-SB500009-00, Issue 001, dated 
November 16, 2015; or Issue 003, dated December 7, 2016; until the 
terminating modification required by paragraph (i) of this AD is 
done. As of the effective date of this AD, only Boeing Alert Service 
Bulletin B787-81205-SB500009-00, Issue 003, dated December 7, 2016, 
may be used.
    (1) For Group 1 airplanes identified in Boeing Alert Service 
Bulletin B787-81205-SB500009-00, Issue 001, dated November 16, 2015; 
or Issue 003, dated December 7, 2016: Inspect within 30 days after 
May 23, 2016 (the effective date of AD 2016-09-12).
    (2) For Group 2 airplanes identified in Boeing Alert Service 
Bulletin B787-81205-SB500009-00, Issue 001, dated November 16, 2015; 
or Issue 003, dated December 7, 2016: Inspect within 180 flight 
cycles or within 90 days after May 23, 2016 (the effective date of 
AD 2016-09-12), whichever occurs later.

(h) Retained Reinstallation of Decompression Panels With Revised 
Service Information

    This paragraph restates the requirements of paragraph (h) of AD 
2016-09-12, with revised service information: If any disengaged 
decompression panel is found during any inspection required by 
paragraph (g) of this AD; before further flight, reinstall the 
panel, in accordance with the Accomplishment Instructions of Boeing 
Alert Service Bulletin B787-81205-SB500009-00, Issue 001, dated 
November 16, 2015; or Issue 003, dated December 7, 2016, as 
applicable. As of the effective date of this AD, only Boeing Alert 
Service Bulletin B787-81205-SB500009-00, Issue 003, dated December 
7, 2016, may be used.

(i) New Terminating Modification

    Within 36 months after the effective date of this AD: Replace 
the existing decompression panels of the bilge barriers located in 
the forward and aft cargo compartments with new decompression panels 
and adjustable straps (zip ties), in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin B787-
81205-SB500008-00, Issue 001, dated December 7, 2016; except as 
provided by paragraph (j) of this AD. Accomplishing this 
modification terminates the repetitive inspections required by 
paragraph (g) of this AD.

(j) Exceptions to Service Information

    (1) Where Step 3 of Task 10 of the Accomplishment Instructions 
of Boeing Alert Service Bulletin B787-81205-SB500008-00, Issue 001, 
dated December 7, 2016, identifies part number (P/N) C412705-577, 
the correct part number is P/N C412705-575.
    (2) Where Step 4 of Task 10 of the Accomplishment Instructions 
of Boeing Alert Service Bulletin B787-81205-SB500008-00, Issue 001, 
dated December 7, 2016, identifies P/N C412705-575, the correct part 
number is P/N C412705-577.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using Boeing Alert Service 
Bulletin B787-81205-SB500009-00, Issue 001, dated November 16, 2015.

(l) 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 (m)(1) of this AD. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#c8f1e5898685e59bada9bcbca4ade5898b87e58985878be59aadb9bdadbbbcbb88aea9a9e6afa7be"><span class="__cf_email__" data-cfemail="83baaec2cdceaed0e6e2f7f7efe6aec2c0ccaec2ceccc0aed1e6f2f6e6f0f7f0c3e5e2e2ade4ecf5">[email&#160;protected]</span></a>.
    (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 Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Seattle ACO, 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 2016-09-12, are approved as 
AMOCs for the corresponding provisions of paragraphs (g) and (h) of 
this AD.
    (5) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(l)(5)(i) and (l)(5)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(m) Related Information

    (1) For more information about this AD, contact Susan L. Monroe, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 2200 South 216th Street, Des Moines, WA 
98198-6547; phone: 206-231-3570; email: <a href="/cdn-cgi/l/email-protection#2c5f595f4d420240024143425e43496c4a4d4d024b435a"><span class="__cf_email__" data-cfemail="a0d3d5d3c1ce8ecc8ecdcfced2cfc5e0c6c1c18ec7cfd6">[email&#160;protected]</span></a>.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(3) and (n)(4) of this AD.

[[Page 9692]]

(n) 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 Service Bulletin B787-81205-SB500008-00, Issue 
001, dated December 7, 2016.
    (ii) Boeing Alert Service Bulletin B787-81205-SB500009-00, Issue 
003, dated December 7, 2016.
    (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; 
telephone 562-797-1717; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th Street, 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, call 202-741-6030, or go to <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on February 21, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-04261 Filed 3-6-18; 8:45 am]
 BILLING CODE 4910-13-P