[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Rules and Regulations]
[Pages 52257-52260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18491]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0690; Project Identifier AD-2020-00860-T; 
Amendment 39-21207; AD 2020-17-02]
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 747-8 and -8F series airplanes, and 
Model 787-8, -9, and -10 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 August 25, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 25, 
2020.
    The FAA must receive comments on this AD by October 9, 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-
0690.

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-
0690; 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: Tak Kobayashi, Aerospace Engineer, 
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3553; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA has received a report indicating that a The Boeing Company 
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 International Airport in 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.
    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 would be dissipated, and the unsafe condition would 
be 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 issued a letter recommending an 
immediate halt of using Kathon FP 1.5 biocide for aviation fuel 
applications. 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 use 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 engine and aircraft manufacturers also evaluated the potential 
of Kathon FP 1.5 biocide application resulting in adverse effects on 
the engines besides GEnx-1B model engines installed on Model 787 
airplanes. Based on this evaluation, the FAA has determined that the 
unsafe condition also exists on The Boeing Company Model 747-8 and -8F 
series airplanes powered by GEnx-2B model engines.

[[Page 52258]]

Related Rulemaking

    The FAA issued AD 2020-14-09, Amendment 39-21163 (85 FR 42689, July 
15, 2020), for The Boeing Company Model 737-8 and -9 airplanes to 
require the same actions required by this AD.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Multi-Operator Messages MOM-MOM-20-0577-
01B, dated July 13, 2020; and MOM-MOM-20-0578-01B, dated July 14, 2020. 
This service information describes procedures for removing Kathon FP 
1.5 biocide from fuel tanks and engines. These documents are distinct 
since they apply to different airplane models. 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 the flying public and 
flightcrews justifies forgoing 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. Therefore this 
rule must be issued immediately, to ensure the continued safe operation 
of these airplanes. 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-2020-0690 and 
Project Identifier AD-2020-00860-T at the beginning of your comments. 
The most helpful comments refer to 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 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 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.

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                             Cost per
              Action                     Labor cost         Parts cost        product     Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Kathon FP 1.5 biocide removal.....  Up to 24 work-hours              $30    Up to $2,070  Up to $283,590
                                     x $85 per hour = Up
                                     to $2,040.
Fueling placard installation......  1 work-hour x $85                 50             135  18,495
                                     per hour = $85.
AFM revision......................  1 work-hour x $85                  0              85  11,645
                                     per hour = $85.
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[[Page 52259]]

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):

2020-17-02 The Boeing Company: Amendment 39-21207; Docket No. FAA-
2020-0690; Project Identifier AD-2020-00860-T.

(a) Effective Date

    This AD is effective August 25, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company airplanes identified in 
paragraphs (c)(1) and (2) of this AD.
    (1) Model 747-8 and -8F series airplanes, certificated in any 
category, with an original standard airworthiness certificate or 
original export certificate of airworthiness issued on or before 
October 31, 2020.
    (2) Model 787-8, -9, and -10 airplanes, certificated in any 
category, with an original standard airworthiness certificate or 
original export certificate of airworthiness issued on or before 
October 31, 2020, and equipped with General Electric Model GEnx-1B 
engines.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel; 73, 
Engine.

(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-20-0577-01B, dated July 13, 2020 (for 
Model 747-8 and -8F series airplanes); or MOM-MOM-20-0578-01B, dated 
July 14, 2020 (for Model 787-8, -9, and -10 airplanes); as 
applicable.
    (i) Airplanes that have operated for fewer than 30 flight cycles 
after the last treatment with Kathon FP 1.5 biocide.
    (ii) Airplanes having any engine that 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 General Electric confirmed via a GE Salesforce case 
response that the engines are operating as expected.

(h) Airplane Flight Manual (AFM) Revision for Fuel Additive Limitation

    Within 30 days after the effective date of this AD, revise the 
Certificate Limitations section of the existing Boeing 787 AFM or 
Boeing 747-8 AFM to include the information specified in figure 1 or 
2 to paragraph (h) of this AD, as applicable. This may be done by 
inserting a copy of this AD into the existing AFM. When a statement 
identical to that in figure 1 or figure 2 to paragraph (h) of this 
AD has been included in the general revisions of the existing Boeing 
787 AFM or Boeing 747-8 AFM, as applicable, 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] TR25AU20.000


[[Page 52260]]


[GRAPHIC] [TIFF OMITTED] TR25AU20.001

(i) Fueling Placard Installation

    Concurrently with accomplishing the actions required by 
paragraph (h) of this AD, or within 30 days after the issuance of an 
original standard airworthiness certificate or original export 
certificate of airworthiness, whichever occurs later: 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.

(j) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are not allowed until the applicable 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 Tak Kobayashi, 
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch, 
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3553; 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-20-0577-01B, dated 
July 13, 2020.
    (ii) Boeing Multi-Operator Message MOM-MOM-20-0578-01B, dated 
July 14, 2020.
    (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 August 6, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-18491 Filed 8-24-20; 8:45 am]
BILLING CODE 4910-13-P