AD 2019-02-03

[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Rules and Regulations]
[Pages 2437-2441]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-01244]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0015; Product Identifier 2018-NM-179-AD; Amendment 
39-19550; AD 2019-02-03]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model 787-8, 787-9, and 787-10 airplanes. This AD 
requires revising the existing maintenance or inspection program, as 
applicable, to

[[Page 2438]]

incorporate new or more restrictive airworthiness limitations. This AD 
was prompted by reports of warpage of internal engine fire handle 
components, which can cause binding and prevent proper operation. We 
are issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective February 22, 2019.
    We must receive comments on this AD by March 25, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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-2019-
0015; 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, the regulatory evaluation, any comments received, and 
other information. The street address for Docket Operations (phone: 
800-647-5527) is in the ADDRESSES section. Comments will be available 
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Rebel Nichols, Aerospace Engineer, 
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3556; email: 
<a href="/cdn-cgi/l/email-protection#c496a1a6a1a8ea8aada7acaba8b784a2a5a5eaa3abb2"><span class="__cf_email__" data-cfemail="42102720272e6c0c2b212a2d2e31022423236c252d34">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    We have received reports from Boeing of warpage of internal engine 
fire handle components, which can cause binding and prevent proper 
operation. A latently failed engine fire handle could prevent the fire 
extinguishing agent from being able to be released. In the event of 
certain engine fires, the potential exists for an engine fire to be 
uncontrollable. This unsafe condition, if not addressed, could result 
in the inability to extinguish an engine fire that, if uncontrollable, 
could lead to wing failure.

FAA's Determination

    We are issuing this AD because we 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.

AD Requirements

    This AD requires revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations.
    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 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 according to paragraph (j) of this 
AD.

Interim Action

    We consider this AD interim action. The manufacturer is currently 
developing a terminating action that will address the unsafe condition 
identified in this AD. Once this terminating action is developed, 
approved, and available, we might consider additional rulemaking.

FAA's Justification and Determination of the Effective Date

    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 waiving notice and comment prior to adoption of this rule 
because warpage of internal engine fire handle components can cause 
binding and prevent proper operation. A latently failed engine fire 
handle could prevent the fire extinguishing agent from being able to be 
released. In the event of certain engine fires, the potential exists 
for an engine fire to be uncontrollable, which could lead to wing 
failure. Additionally, 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. Therefore, we find good cause that 
notice and opportunity for prior public comment are impracticable. In 
addition, for the reasons stated above, we find that good cause exists 
for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, we invite you to send any written data, views, or 
arguments about this final rule. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number FAA-2019-
0015 and Product Identifier 2018-NM-179-AD at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this final rule. We will 
consider all comments received by the closing date and may amend this 
final rule because of those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this final rule.

Costs of Compliance

    We estimate that this AD affects 120 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:
    We have determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although we recognize that this number may vary from operator to 
operator. In the past, we have estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or 
inspection program changes for their affected fleet(s), we have 
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, we estimate the total cost per operator 
to be $7,650 (90 work-hours x $85 per work-hour).

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

[[Page 2439]]

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 and 
associated appliances to the Director of the System Oversight Division.

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) 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:

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 (AD):

2019-02-03 The Boeing Company: Amendment 39-19550; Docket No. FAA-
2019-0015; Product Identifier 2018-NM-179-AD.

(a) Effective Date

    This AD is effective February 22, 2019.

(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 reports of warpage of internal fire 
handle components, which can cause binding and prevent proper 
operation. We are 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) Revision of Maintenance or Inspection Program

    Within 14 days after the effective date of this AD, 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 the effective date of this AD.
[GRAPHIC] [TIFF OMITTED] TR07FE19.000


[[Page 2440]]


[GRAPHIC] [TIFF OMITTED] TR07FE19.001

(h) No Alternative Actions or Intervals

    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 (j) of this AD.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are not allowed.

(j) 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 (k) of this AD. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#ab9286eae5e686f8cecadfdfc7ce86eae8e486eae6e4e886f9cedadeced8dfd8ebcdcaca85ccc4dd"><span class="__cf_email__" data-cfemail="437a6e020d0e6e10262237372f266e02000c6e020e0c006e1126323626303730032522226d242c35">[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.

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    (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 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.

(k) Related Information

    For more information about this AD, contact Rebel Nichols, 
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch, 
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3556; email: <a href="/cdn-cgi/l/email-protection#31635453545d1f7f5852595e5d42715750501f565e47"><span class="__cf_email__" data-cfemail="efbd8a8d8a83c1a1868c8780839caf898e8ec1888099">[email&#160;protected]</span></a>.

(l) Material Incorporated by Reference

    None.

    Issued in Des Moines, Washington, on January 30, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-01244 Filed 2-6-19; 8:45 am]
BILLING CODE 4910-13-P