[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Rules and Regulations]
[Pages 42689-42692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15410]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0579; Product Identifier 2020-NM-009-AD; Amendment 
39-21163; AD 2020-14-09]
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: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 737-8 and 737-9 (737 MAX) airplanes. 
This AD requires removing Kathon FP 1.5 biocide from the fuel tanks and 
engines, installing a fuel limitation placard, and revising the 
existing airplane flight manual (AFM) to prohibit operation of the 
airplane with Kathon FP 1.5 biocide in a fuel tank or engine. This AD 
was prompted by a report indicating that Kathon FP 1.5 biocide added to 
fuel and running through the engines can lead to significant engine 
anomalies. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective July 15, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 15, 
2020.
    The FAA must receive comments on this 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 final rule, 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-
0579.

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-
0579; 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. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Christopher Baker, Aerospace Engineer, 
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-

[[Page 42690]]

231-3552; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA has received a report indicating that a Boeing Model 787 
airplane equipped with General Electric Company (GE) GEnx-1B model 
turbofan engines experienced temporary thrust anomalies on both engines 
during descent into Kansai, Japan, on March 29, 2019. Specifically, 
both engines briefly fell below idle thrust, and the flightcrew 
received failure messages for both engines.
    The FAA's review of the data from this incident indicated the 
thrust anomalies resulted from fuel control instability. The fuel tanks 
of the event airplane had recently been treated with Kathon FP 1.5 
biocide for suspected microbial growth contamination. Salt crystals can 
form in the fuel under certain conditions after Kathon FP 1.5 biocide 
is applied. These salt crystals have the potential to cause slow 
response of engine hydromechanical control features, resulting in 
compressor stalls or flameouts, potentially on both engines.
    Having similar fuel system architecture as the GE GEnx engines, the 
CFM International S.A. (CFM) LEAP-1B model turbofan engines, which are 
installed on 737 MAX airplanes, are also considered susceptible to a 
multi-engine loss-of-thrust-control event. This condition, if not 
addressed, could result in malfunction of the engine's control system 
hydromechanical unit due to undispersed Kathon FP 1.5 biocide 
contaminating and restricting the movement of internal parts. Because 
the fuel systems for both engines on an affected airplane are likely to 
be similarly affected, there is the potential for loss of thrust 
control on both engines. Loss of thrust control on both engines could 
result in failure to climb on takeoff, a forced off-airport landing, or 
an unacceptably high flightcrew workload.
    However, after this biocide is added to the fuel tanks, adding fuel 
without biocide diminishes the hazard. Eventually, after the tanks have 
been refilled a sufficient number of times with untreated fuel, enough 
of the treated fuel is gone that the unsafe condition has been removed. 
Specifically, Boeing determined that operating the airplane, or any 
individual engine, for at least 30 flight cycles, while adding only 
fuel that has not been treated with this biocide, would flush the 
biocide from the fuel tank system and the engines. The FAA finds this 
number of flight cycles to be sufficiently conservative, and therefore 
has incorporated it the requirements of this AD.
    The FAA's analysis of the risks posed by this issue has been 
ongoing, as has the information available to the agency. On March 10, 
2020, the manufacturer of Kathon FP 1.5 withdrew that product from the 
aviation market, effective immediately. A copy of that letter is in the 
docket for this rulemaking. On March 25, 2020, the FAA issued a Special 
Airworthiness Information Bulletin (SAIB), which is in the docket for 
this rulemaking, regarding the effects of Kathon FP 1.5 and another 
biocide. Most recently, on June 25, 2020, the Japan Transport Safety 
Board issued an ``Aircraft Serious Incident Investigation Report'' 
regarding the March 29, 2019 incident. That report is in the docket for 
this rulemaking.
    The FAA may consider similar rulemaking to address the unsafe 
condition on other airplane models, such as the aforementioned Boeing 
787, pending findings from further investigation of other engines.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Multi-Operator Message MOM-MOM-20-0522-01B, 
dated June 24, 2020, which describes procedures for removing Kathon FP 
1.5 biocide from the fuel tanks and engines. 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 issuing 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.

AD Requirements

    This AD requires removing Kathon FP 1.5 biocide from the fuel tanks 
and engines, installing a fuel limitation placard, and revising the 
existing AFM to prohibit operation of the airplane with Kathon FP 1.5 
biocide in a fuel tank or engine.

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 flightcrews justifies 
foregoing notice and comment prior to adoption of this rule because the 
simultaneous loss of thrust control on both engines, due to malfunction 
of the engine's control system hydromechanical unit due to undispersed 
Kathon FP 1.5 biocide contaminating and restricting the movement of 
internal parts, could result in failure to climb on takeoff, a forced 
off-airport landing, or an unacceptably high flightcrew workload. 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. The FAA acknowledges that it prohibited most operations of 
airplanes covered by this AD, by emergency order dated March 13, 2019, 
a copy of which is in the docket for this rulemaking. However, that 
order allows these airplanes to be operated without carrying 
passengers, for specific purposes such as repairs, alterations, 
maintenance, and production flight testing. Therefore this rule must be 
issued immediately, to ensure the safety of the flightcrews conducting 
such flights. 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.

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 
the ADDRESSES section. Include the docket number FAA-2020-0579 and 
Product Identifier 2020-NM-009-AD at the beginning of your comments. 
The most helpful comments reference a specific portion of the proposal, 
explain the reason for any recommended change, and include supporting 
data. The FAA will consider all comments received by the closing

[[Page 42691]]

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 
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 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 
Christopher Baker, Aerospace Engineer, Propulsion Section, FAA, Seattle 
ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 
206-231-3552; email: [email protected]. Any commentary that 
the FAA receives which is not specifically designated as CBI will be 
placed in the public docket for this rulemaking.

Regulatory Flexibility Act (RFA)

    The requirements of the 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 75 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                               Cost per         Cost on U.S.
            Action                   Labor cost            Parts cost           product           operators
----------------------------------------------------------------------------------------------------------------
Kathon FP 1.5 biocide removal  Up to 24 work-hours x  $30.................          $2,070  Up to $155,250.
                                $85 per hour = Up to
                                $2,040.
Fueling placard installation.  2 work-hours x $85     Minimal.............             170  12,750.
                                per hour = $170.
AFM revision.................  1 work-hour x $85 per  0...................              85  6,375.
                                hour = $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.
    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.

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):

2020-14-09 The Boeing Company: Amendment 39-21163; Docket No. FAA-
2020-0579; Product Identifier 2020-NM-009-AD.

(a) Effective Date

    This AD is effective July 15, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 737-8 and 737-9 
airplanes with an airworthiness certificate or export certificate of 
airworthiness issued on or before the effective date of this AD, 
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 2810, Fuel 
storage.

(e) Unsafe Condition

    This AD was prompted by a report that Kathon FP 1.5 biocide, 
when used as a fuel additive and running through the engines, can 
lead to significant engine anomalies. The FAA is issuing this AD to 
prevent these anomalies, which could result in loss of thrust 
control on both engines because the fuel systems for both engines 
are likely to be similarly affected. Loss of thrust control on both 
engines could result in failure to climb on takeoff, a forced off-
airport landing, or an unacceptably high flightcrew workload.

(f) Compliance

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

(g) Removal of Kathon FP 1.5 Biocide

    (1) For airplanes identified in paragraphs (g)(1)(i) and (ii) of 
this AD: Before further flight, remove Kathon FP 1.5 biocide from 
the fuel tanks and engines, as applicable, in accordance with Boeing 
Multi-Operator Message MOM-MOM-20-0522-01B, dated June 24, 2020.
    (i) Airplanes that have operated for fewer than 30 flight cycles 
after the last treatment with Kathon FP 1.5 biocide.

[[Page 42692]]

    (ii) Airplanes having any engine where that engine has operated 
for fewer than 30 flight cycles after the last exposure to Kathon FP 
1.5 biocide.
    (2) No action is required by paragraph (g) of this AD for the 
engines on which CFM confirmed via myCFM case response that the 
engines are operating as expected.

(h) Fueling Placard Installation

    Before further flight, install a placard with letters having a 
minimum height of 0.20 inch on white or light gray background 
containing the text ``DO NOT OPERATE ENGINE WITH KATHON\TM\ FP 1.5 
BIOCIDE FUEL ADDITIVE'' on the interior area of the refuel access 
panel in a location that allows refueling personnel full view of the 
placard text when the access door is open.

(i) AFM Revision for Fuel Additive Limitation

    Before further flight, revise the Certificate Limitations 
section of the existing airplane flight manual (AFM) to include the 
information specified in figure 1 to paragraph (i) of this AD. This 
may be done by inserting a copy of this AD into the existing AFM. 
When a statement identical to that in figure 1 to paragraph (i) of 
this AD has been included in the general revisions of the existing 
Boeing 737 AFM, the general revisions may be inserted into the 
existing AFM, and the copy of this AD may be removed from the 
existing AFM.
[GRAPHIC] [TIFF OMITTED] TR15JY20.010

(j) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are not allowed until the actions required by paragraph (g) 
of this AD have been accomplished.

(k) 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 (l) 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.

(l) Related Information

    For more information about this AD, contact Christopher Baker, 
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch, 
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3552; email: [email protected].

(m) 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 Multi-Operator Message MOM-MOM-20-0522-01B, dated 
June 24, 2020.
    (ii) [Reserved]
    (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-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com.
    (4) 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.
    (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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 2, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-15410 Filed 7-13-20; 2:00 pm]
BILLING CODE 4910-13-P