[Federal Register Volume 70, Number 63 (Monday, April 4, 2005)]
[Proposed Rules]
[Pages 16986-16990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6674]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20836; Directorate Identifier 2005-NM-028-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 727-200 and 727-200F 
Series Airplanes; 737-200, 737-200C, 737-300, and 737-400 Series 
Airplanes; 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-
200F, 747-300, 747-400, 747SR, and 747SP Series Airplanes; 757-200 and 
757-200PF Series Airplanes; and 767-200 and 767-300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Boeing transport category airplanes. This proposed AD would 
require replacing any insulation blanket constructed of 
polyethyleneteraphthalate (PET) film, ORCON Orcofilm[reg] AN-26 
(hereafter ``AN-26'') with a new insulation blanket. This proposed AD 
is prompted by reports of in-flight and ground fires on certain 
airplanes manufactured with insulation blankets covered with AN-26, 
which may contribute to the spread of a fire when ignition occurs from 
sources such as electrical arcing or sparking. We are proposing this AD 
to ensure that insulation blankets constructed of AN-26 are removed 
from the fuselage. Such insulation blankets could propagate a fire that 
is the result of electrical arcing or sparking.

EFFECTIVE DATES: We must receive comments on this proposed AD by June 
3, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building,

[[Page 16987]]

400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-20836; the directorate identifier for this docket is 
2005-NM-028-AD.

FOR FURTHER INFORMATION CONTACT: Sue Rosanske, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 917-6448; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20836; 
Directorate Identifier 2005-NM-028-AD'' in the subject line of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Background

    Based on research experiments and in-service experience in the mid-
1990's, the FAA initiated an investigation into the adequacy of the 
existing Bunsen burner flammability criteria for thermal/acoustic 
insulation.
    Thermal/acoustic insulation is usually constructed in the form of 
what is commonly referred to as a ``blanket.'' Insulation blankets are 
typically composed of:
    1. A batting material generically referred to as fiberglass; and
    2. A film covering to contain the batting and to resist moisture 
penetration.
    Metallized polyethyleneteraphthalate (MPET) and AN-26 are specific 
manufacturers' examples of these film covering materials.
    Our investigation included large-scale fire testing, as well as 
tests for ignitability; these tests covered a broad range of materials. 
By the late 1990's, we had concluded that the Bunsen burner test method 
required by the existing rules was not adequate. That is, the test 
method did not discriminate between materials with desirable and 
undesirable flammability characteristics under realistic in-service 
conditions. A new certification standard was therefore needed.
    In order to develop a new standard, we had to quantify the 
potential hazard. This involved additional large scale fire testing and 
tests to correlate the large scale tests with a laboratory scale test 
method. A necessary element of any new certification test method is 
that it must screen out materials that would be considered unacceptable 
for future installation because those materials would create the 
potential hazard that the new test standard is intended to prevent. The 
new test standard was adopted into the regulations and includes changes 
to the operating rules for newly manufactured airplanes. (Reference 
``Improved Flammability Standards for Thermal/Acoustic Insulation 
Materials Used in Transport Category Airplanes'' (68 FR 45046, July 31, 
2003).) The operating rule changes become effective in September of 
this year.
    In developing the new test standard, we also developed criteria by 
which materials already in service could be judged as safe to remain in 
service. This involved measuring their susceptibility to an ignition 
source (such as an electrical arc or sparks) and their tendency to 
propagate a fire once ignited.
    Materials that are susceptible to ignition by electrical arc or 
sparks and that would propagate a fire are considered unsafe. Using 
these criteria, we have published airworthiness directives (AD) to 
address a particular material. The following ADs require removal of 
MPET:
     AD 2000-11-01, amendment 39-11749 (65 FR 34321, May 26, 
2000), applicable to certain McDonnell Douglas Model DC-9-80 and MD-90-
30 series airplanes, and Model MD-88 airplanes;
     AD 2000-11-02, amendment 39-11750 (65 FR 34341, May 26, 
2000), applicable to certain McDonnell Douglas Model DC-10-10F, DC-10-
15, DC-10-30, DC-10-30F, and DC-10-40 series airplanes, and Model MD-11 
and -11F series airplanes; and
     AD 2003-08-10, amendment 39-13122 (68 FR 19326, April 21, 
2003), applicable to certain Aerospatiale Model ATR42-500 series 
airplanes, and Model ATR72-102, -202, -212, and -212A series airplanes.
    At that time, MPET was the only material identified that had 
demonstrated the propensity to propagate a fire from an ignition source 
such as electrical arcing and sparks. We indicated then that we would 
take the same action, should any other materials be identified.
    Even though we did extensive testing on a variety of materials, we 
could not identify and test every material produced, as the 
permutations of material combinations were too extensive to accomplish 
such testing in a prudent time frame. As a result, we were not aware of 
AN-26 as a unique insulation material until a review of subsequent 
service data indicated that this material might not have adequate 
flammability resistance. We conducted a review of the service history 
and subjected AN-26 material to a variety of tests. In November 2003, 
we established that AN-26 could propagate a fire from an electrical 
arc. As part of our review, we also worked with industry to explore the 
potential ramifications of aging and contamination on material 
performance. Opinions differ on the significance of these effects. 
After careful consideration of this complex issue, we have concluded 
that the flammability characteristics of AN-26 are more a factor of 
fundamental material properties than a factor of aging or 
contamination.

[[Page 16988]]

Discussion

    We have received reports of in-flight and ground fires on certain 
Boeing Model 737, 747, 757, and 767 series airplanes that were 
manufactured with insulation material covered with AN-26. Investigation 
has revealed that AN-26 covered insulation blankets may contribute to 
the propagation of a fire. The results of extensive flammability 
testing, conducted by the airplane manufacturer and the FAA, revealed 
that even though AN-26 met the certification standards in place at the 
time of original certification in 1981, this type of insulation 
material will propagate a fire when subjected to electrical arcing and 
sparks. The FAA used the insulation blankets' response to electrical 
arcing and spark testing as the basis for identifying the unsafe 
condition with MPET and has determined that these same safety criteria 
are applicable to AN-26. In addition, research data have shown that 
contamination, such as dust, lint, grease, corrosion-inhibiting 
compounds, etc., can increase susceptibility to ignition and flame 
propagation.
    Insulation blankets constructed of AN-26 installed throughout the 
fuselage, if not corrected, could propagate a fire that is the result 
of electrical arcing or sparking.
    We have determined that Boeing's preferred supplier of insulation 
blankets produced blankets constructed of AN-26 between July 1981 and 
December 1988. Therefore, it is likely that these blankets are 
installed on almost all Boeing airplanes produced during that period, 
as listed in the following table:

   Boeing Airplane Models Produced Between July 1981 and December 1988
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                                  Model
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727-200 and 727-200F series airplanes.
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    Eleven Boeing Model 747-400 series airplanes were built in 1988 
that are also likely to have AN-26 installed. However, the type 
certificate was not amended to include these airplanes until 1989. 
Therefore, these airplanes did not have an original Airworthiness 
Certificate or original Export Certificate of Airworthiness before 
January 1989.
    The other affected airplanes were issued an original Airworthiness 
Certificate or original Export Certificate of Airworthiness between 
July 1981 and December 1988.
    Unlike MPET, which is easily distinguishable from other types of 
insulation, AN-26 is similar in appearance to other types of insulation 
that are acceptable. At this time, there is no documented method for 
distinguishing between AN-26 and these other types of insulation.

Other Relevant Service Information

    The FAA issued Flight Standards Information Bulletin for 
Airworthiness (FSAW) 00-09, ``Special Emphasis Inspection on 
Contamination of Thermal/Acoustic Insulation,'' effective September 28, 
2000, to ensure that operators have procedures defined in their 
approved maintenance programs for the inspection for contamination and 
corrective action. The airplane manufacturer also has recently revised 
its service letters alerting operators to methods for preventing and 
removing contamination.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other airplanes 
of this same type design. Therefore, we are proposing this AD to 
require removing all insulation blankets within the pressurized areas 
of the affected airplanes and installing a new insulation blanket 
meeting the requirements of Section 25.856(a) of Title 14 of the Code 
of Federal Regulations (CFR) (14 CFR 25.856(a)). The proposed AD would 
also allow operators to develop methods for distinguishing between 
insulation blankets constructed of AN-26 and other materials. If the 
FAA's Seattle Aircraft Certification Office (ACO) approves such a 
method, operators would not be required to remove blankets they 
determine are not constructed of AN-26.
    As of the effective date of this AD, paragraph (h)(1) of this 
proposed AD would prohibit installation of AN-26 insulation blankets. 
14 CFR 91.613(b)(1), 121.312(e)(1), 125.113(c)(1), and 135.170(c)(1) 
already prohibit installation of this type of insulation blanket after 
September 2, 2005. Some international civil aviation authorities have 
not adopted similar regulations. Therefore, this prohibition is 
included in this proposed AD to inform them of the need to prevent such 
installation.
    As of six months after the effective date of this AD, paragraph 
(h)(2) of this proposed AD would also prohibit re-installation of any 
insulation blanket that has been removed for any reason unless the 
insulation blanket either has been determined not to be constructed of 
AN-26, or has been modified to comply with 14 CFR 25.856(a). For 
example, during normal maintenance, operators frequently remove 
insulation to perform inspections and other maintenance actions on 
systems and structure located behind the insulation blanket. Under this 
proposal, when insulation is removed for this or any other purpose, it 
must either be determined not to be constructed of AN-26, or replaced 
with insulation meeting 14 CFR 25.856(a). This paragraph would require 
operators to correct the identified unsafe condition when they have an 
opportunity to do so.
    The airplane manufacturer has been developing a proposed 
alternative method of compliance (AMOC) that involves modification of 
existing AN-26 insulation blankets. This method of compliance may 
significantly reduce the number of required replacement blankets and 
labor costs. The manufacturer has indicated that the service 
information for this method will be available in April 2006. We 
anticipate that the manufacturer's approach is similar to AMOCs 
approved for ADs 2000-11-01 and 2000-11-02. The criteria that will be 
used to evaluate proposed modifications of existing AN-26 insulation 
blankets (in-place) can be obtained from the Manager, Seattle ACO, upon 
request.

Costs of Compliance

    There are about 1,613 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with the proposed replacement, if necessary. 
The average labor rate is $65 per hour.

[[Page 16989]]



                                         Estimated Costs for Replacement
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                                                                      Number  of
                                                         Parts per      U.S.-       U.S. fleet    Fleet cost per
                  Model                     Work hours    airplane    registered       cost         year over 6
                                                                      airplanes                        years
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727-200 series airplanes.................        4,623      $42,504           29      $9,946,971      $1,657,829
727-200F and 727-200 series airplanes            1,618       31,878           41       5,618,968         936,495
 that have been modified to a freighter
 configuration...........................
737-200, 737-200C, 737-300, and 737-400          4,238       38,962          452     142,123,264      23,687,211
 series airplanes........................
747-100, 747-100B, 747-100B SUD, 747-           16,951      155,848           19      23,895,597       3,982,600
 200B, 747-200C, 747-300, 747-400, 747SR,
 and 747SP series airplanes..............
747-200F and 747-200B and 747-300 series         5,933      116,886           16       8,040,496       1,340,083
 airplanes that have been modified to a
 freighter configuration.................
757-200 series airplanes.................        6,445       59,258          116      55,469,228       9,244,871
757-200PF and 757-200 series airplanes           2,256       44,443           15       2,866,245         477,708
 that have been modified to a freighter
 configuration...........................
767-200 and 767-300 series airplanes.....        9,246       85,008          114      78,203,772      13,033,962
767-200 and 767-300 series airplanes that        3,236       63,756           29       7,948,784       1,324,797
 have been modified to a freighter
 configuration...........................
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Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the RFA requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The RFA covers a wide-range of small 
entities, including small businesses, not-for-profit organizations and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the agency determines that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the Act.
    The proposed AD would require operators of certain Boeing transport 
category airplanes, including about 20 small business operators, to 
retrofit their airplanes. We believe that this proposed AD would have a 
significant impact on a substantial number of small entities. 
Accordingly, an initial regulatory flexibility analysis, as required by 
the RFA, is included as part of the Initial Regulatory Analysis that is 
in the docket.

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.

Regulatory Findings

    We have 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. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Would have a significant economic impact on a substantial number 
of small entities, and as a result, an initial regulatory flexibility 
analysis has been conducted.
    See the ADDRESSES section for a location to examine the regulatory 
evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Boeing: Docket No. FAA-2005-20836; Directorate Identifier 2005-NM-
028-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this AD action by June 3, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing airplanes, certificated in any 
category, specified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Boeing airplanes listed in Table 1 of this AD, having an 
original Airworthiness Certificate or original Export Certificate of 
Airworthiness issued between July 1981 and December 1988 inclusive.

              Table 1.--Applicability of Certain Airplanes
------------------------------------------------------------------------
                                  Model
-------------------------------------------------------------------------
727-200 and 727-200F series airplanes.
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------------------------------------------------------------------------

[[Page 16990]]

 
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------------------------------------------------------------------------
------------------------------------------------------------------------

    (2) Boeing Model 747-400 series airplanes, serial numbers 23719, 
23720, 23814, 23816, 23817, 23818, 23819, 23820, 23999, 24061, and 
24062.

Unsafe Condition

    (d) This AD was prompted by reports of in-flight and ground 
fires on certain airplanes manufactured with insulation blankets 
covered with a specific polyethyleneteraphthalate (PET), ORCON 
Orcofilm[reg] AN-26 (all variants, including AN-26, AN-26A, and AN-
26B), hereafter referred to as ``AN-26'', which may contribute to 
the spread of a fire when ignition occurs from sources such as 
electrical arcing or sparking. We are issuing this AD to ensure that 
insulation blankets constructed of AN-26 are removed from the 
fuselage. Such insulation blankets could propagate a fire that is 
the result of electrical arcing or sparking.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Replacement

    (f) Except as provided in paragraph (g) of this AD, within 72 
months after the effective date of this AD, remove all insulation 
blankets from the pressurized areas of the fuselage and install a 
new insulation blanket using applicable maintenance manual 
procedures. The new insulation blankets must comply with 14 Code of 
Federal Regulations (CFR) 25.856(a). The areas where the affected 
insulation blankets are installed include, but are not limited to, 
the following areas:
    (1) Crown area of the airplane;
    (2) Areas behind flight deck panels and circuit breaker panels;
    (3) Areas behind sidewalls, lavatories, closets, and galleys;
    (4) Cargo compartment areas;
    (5) Air ducting;
    (6) Waste and water tubing; and
    (7) Areas attached to the underside of floor panels.

Exception

    (g) The actions described in paragraph (f) are not required for 
any insulation blanket that is determined not to be constructed of 
AN-26, using a method approved by the Manager, Seattle Aircraft 
Certification Office (ACO).

    Note 1: Insulation material that is part-marked with a date of 
manufacture indicating that it was manufactured before July 1981 or 
after December 1988 is not constructed of AN-26.

Parts Installation

    (h)(1) As of the effective date of this AD, no person may 
install any insulation blanket constructed of AN-26 on any airplane 
unless it has been modified to comply with 14 CFR 25.856(a), in 
accordance with a method approved by the Manager, Seattle ACO.
    (2) As of six months after the effective date of this AD, if any 
insulation blanket is removed for any reason, it may not be re-
installed unless:
    (i) It has been determined not to be constructed of AN-26 using 
a method approved by the Manager, Seattle ACO; or
    (ii) It has been modified to comply with 14 CFR 25.856(a), in 
accordance with a method approved by the Manager, Seattle ACO.

Alternative Methods of Compliance (AMOCs)

    (i) The Manager, Seattle ACO, has the authority to approve AMOCs 
for this AD, if requested in accordance with the procedures found in 
14 CFR 39.19.

    Issued in Renton, Washington, on March 29, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6674 Filed 4-1-05; 8:45 am]
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