[Federal Register Volume 85, Number 145 (Tuesday, July 28, 2020)]
[Proposed Rules]
[Pages 45357-45360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16203]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0586; Product Identifier 2020-NM-066-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2018-14-02, which applies to certain The Boeing Company Model 777-200, 
-200LR, -300, and -300ER series airplanes. AD 2018-14-02 requires an 
inspection for foam insulation on the dripshield above the overhead 
panel support structure and replacement if necessary. For certain 
airplanes, AD 2018-14-02 also requires replacement of foam insulation 
on the overhead panel support structure. Since the FAA issued AD 2018-
14-02, additional areas of Boeing Material Specification (BMS) 8-39 
flexible urethane foam were found on the overhead panel support 
structure. This proposed AD would continue to require the actions in AD 
2018-14-02, and, for certain airplanes, this proposed AD would require 
an inspection of the foam insulation on the overhead panel support 
structure, and replacement if necessary. The FAA is proposing this AD 
to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September 
11, 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

[[Page 45358]]

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 NPRM, 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-
0586.

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-
0586; 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 NPRM, 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: Julie Linn, Aerospace Engineer, Cabin 
Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3584; 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2020-0586; 
Product Identifier 2020-NM-066-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 date 
and may amend this NPRM 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 proposed AD.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to the 
person identified in the FOR FURTHER INFORMATION CONTACT section. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Discussion

    The FAA issued AD 2018-14-02, Amendment 39-19322 (83 FR 31650, July 
9, 2018) (``AD 2018-14-02''), for certain The Boeing Company Model 777-
200, -200LR,
    -300, and -300ER series airplanes. AD 2018-14-02 requires an 
inspection for foam insulation on the dripshield above the overhead 
panel support structure and replacement if necessary. For certain 
airplanes, AD 2018-14-02 also requires replacement of foam insulation 
on the overhead panel support structure. AD 2018-14-02 resulted from 
reports that additional areas of BMS 8-39 flexible urethane foam were 
found during a routine inspection pursuant to a previously issued AD. 
The FAA issued AD 2018-14-02 to address BMS 8-39 flexible urethane foam 
found in certain areas of an airplane, which, if exposed to an ignition 
source, could cause loss of control of the airplane during a fire.

Actions Since AD 2018-14-02 Was Issued

    Since the FAA issued AD 2018-14-02, additional areas of BMS 8-39 
flexible urethane foam were found on the overhead panel support 
structure in the flight compartment. Based on those findings, the FAA 
has determined that the inspections required by AD 2018-14-02 are not 
adequate to ensure the BMS 8-39 foam insulation was fully removed from 
the overhead panel support structure on certain airplanes, and a new 
detailed inspection and replacement are required.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Service Bulletin 777-25-
0621, Revision 2, dated February 28, 2020. This service information 
describes procedures for removal and replacement of the foam on the 
overhead panel support structure; a general visual inspection for foam 
insulation on the dripshield above the overhead panel support 
structure; a detailed inspection for foam insulation on the overhead 
panel support structure; and replacement if necessary. 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 proposing 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.

Proposed AD Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2018-14-02, this proposed AD would retain all of the 
requirements of AD 2018-14-02. Those requirements are referenced in the 
service information identified previously, which, in turn, is 
referenced in paragraph (g) of this proposed AD. This proposed AD would 
also require accomplishment of the actions identified as ``RC'' 
(required for compliance) in the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 777-25-0621, Revision 2, dated 
February 28, 2020, described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD.
    For information on the procedures and compliance times, see this 
service information at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2020-0586.

[[Page 45359]]

Costs of Compliance

    The FAA estimates that this proposed AD affects 132 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                                 Estimated Costs
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                                                                                   Cost per       Cost on U.S.
                Action                          Labor cost          Parts cost      product         operators
----------------------------------------------------------------------------------------------------------------
Inspection and replacement of foam      Up to 32 work-hours x $85       $5,611    Up to $8,331  Up to $1,099,692
 insulation (retained actions from AD    per hour = Up to $2,720.
 2018-14-02).
Detailed inspection and replacement     Up to 18 work-hours x $85        5,840     Up to 7,370     Up to 972,840
 (new proposed action).                  per hour = Up to $1,530.
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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

    The FAA has 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) Will not affect intrastate aviation in Alaska, and
    (3) 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.

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

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) 
2018-14-02, Amendment 39-19322 (83 FR 31650, July 9, 2018), and adding 
the following new AD:

The Boeing Company:
    Docket No. FAA-2020-0586; Product Identifier 2020-NM-066-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by September 11, 
2020.

(b) Affected ADs

    This AD replaces AD 2018-14-02, Amendment 39-19322 (83 FR 31650, 
July 9, 2018) (``AD 2018-14-02'').

(c) Applicability

    This AD applies to The Boeing Company Model 777-200, -200LR, -
300, and -300ER series airplanes, certificated in any category, as 
identified in Boeing Special Attention Service Bulletin 777-25-0621, 
Revision 2, dated February 28, 2020.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports that additional areas of Boeing 
Material Specification (BMS) 8-39 flexible urethane foam were found 
on the overhead panel support structure in the flight compartment. 
The degradation of the foam over time increases the potential for an 
uncontrolled fire below the passenger compartment floor and other 
locations outside the areas covered by smoke detection and fire 
protection systems. The FAA is issuing this AD to address BMS 8-39 
flexible urethane foam found in certain areas of an airplane, which, 
if exposed to an ignition source, could cause loss of control of the 
airplane during a fire.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the 
applicable times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Special Attention Service Bulletin 777-25-0621, Revision 2, 
dated February 28, 2020, do all applicable actions identified as 
``RC'' (required for compliance) in, and in accordance with, the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 777-25-0621, Revision 2, dated February 28, 2020.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Special Attention Service Bulletin 777-25-0621, 
Revision 2, dated February 28, 2020, uses the phrase ``the Revision 
2 date of this service bulletin,'' this AD requires using ``the 
effective date of AD 2018-14-02.''
    (2) For any Group 1 Configuration 3 airplane as identified in 
Boeing Special Attention Service Bulletin 777-25-0621, Revision 2, 
dated February 28, 2020, no action is required by this AD, provided 
that airplane remains in that configuration.

(i) 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 (j)(1) 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

[[Page 45360]]

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.
    (4) AMOCs approved previously for AD 2018-14-02 are approved as 
AMOCs for the corresponding provisions of Boeing Special Attention 
Service Bulletin 777-25-0621, Revision 2, dated February 28, 2020, 
that are required by paragraph (g) of this AD.
    (5) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(i)(5)(i) and (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.

(j) Related Information

    (1) For more information about this AD, contact Julie Linn, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3584; email: [email protected].
    (2) 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. You may view this referenced 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.

    Issued on July 13, 2020.
Lance T. Gant, Director,
Compliance & Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2020-16203 Filed 7-27-20; 8:45 am]
BILLING CODE 4910-13-P