[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Proposed Rules]
[Pages 19160-19162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07544]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0258; Project Identifier AD-2020-01565-T]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 747-400, 747-400D, and 747-400F
series airplanes. This proposed AD was prompted by reports of burned
Boeing Material Specification (BMS) 8-39 urethane foam found in certain
locations on the airplane; investigation revealed that the fire-
retardant properties degrade with age. This proposed AD would require
inspecting the insulation blankets in certain areas of the forward
cargo compartment for exposed BMS 8-39 urethane foam, not encapsulated
by a protective fire resistant barrier, and for seal integrity, and
replacing the BMS 8-39 urethane foam and seal 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 May 28,
2021.
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 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 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. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0258.
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-2021-
0258; 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.
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 ADDRESSES. Include ``Docket No. FAA-2021-0258; Project Identifier
AD-2020-01565-T'' 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
the proposal 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 we receive, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact we receive 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 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]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Background
The FAA has received reports of burned BMS 8-39 urethane foam, a
material with fire-retardant properties. Investigation revealed that
the fire-retardant properties degrade after five to ten years, and
degraded BMS 8-39 urethane foam can be a fuel source for a fire if
exposed to an ignition source. Foam and tape are used to make a seal at
penetrations that go through the insulation blankets. The type of foam
that is used, how that foam is installed, and how it is taped are all
equally important for the integrity of the seal. Previously issued
service information provided procedures for replacing the BMS 8-39
urethane foam in most areas, but it did not include an area between
body station (STA) 960 and STA 1000 on the left and right sides of the
forward cargo compartment. Degraded BMS 8-39 urethane foam used in
seals may fail to maintain sufficient halon concentrations in the cargo
compartments to extinguish or contain fire or smoke, and may fail to
prevent penetration of fire or smoke in areas of the airplane that are
difficult to access for fire and smoke detection or suppression, which
could result in loss of control of the airplane.
Related AD
The FAA issued AD 2013-11-04, Amendment 39-17464 (78 FR 33193,
[[Page 19161]]
June 4, 2013) (AD 2013-11-04), for certain The Boeing Company
airplanes, including the same Model 747-400, 747-400D, and 747-400F
series airplanes identified in this NPRM. AD 2013-11-04 resulted from a
report from Boeing indicating that various areas of the airplane
(including flight deck and cargo compartments) were assembled with
seals made of BMS 8-39 urethane foam; operators subsequently reported
finding burned BMS 8-39 urethane foam in those locations. AD 2013-11-04
requires replacing certain seals made of BMS 8-39 urethane foam. AD
2013-11-04 resulted from operator or in-service reports of burned BMS
8-39 urethane foam, and a report from the airplane manufacturer
indicating that airplanes were assembled, throughout various areas of
the airplane (including flight deck and cargo compartments), with seals
made of BMS 8-39 urethane foam. The FAA issued AD 2013-11-04 to address
the failure of urethane seals to maintain sufficient halon
concentrations in the cargo compartments to extinguish or contain fire
or smoke, and to prevent penetration of fire or smoke in areas of the
airplane that are difficult to access for fire and smoke detection or
suppression.
This NPRM does not propose to supersede AD 2013-11-04. Rather, the
FAA has determined that a stand-alone AD would be more appropriate
because the expanded inspection area applies only to Model 747-400,
747-400D, and 747-400F series airplanes, a small subset of the
applicability of AD 2013-11-04.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Requirements Bulletin 747-25-3725 RB, dated
October 27, 2020. The service information describes procedures for
doing a general visual inspection of the insulation blankets in the
area between STA 960 and STA 1000 on the left and right sides of the
forward cargo compartment for exposed BMS 8-39 urethane foam, not
encapsulated by a protective fire resistant barrier, and seal
integrity, and replacing any BMS 8-39 urethane foam that is found
exposed and any seal that does not have acceptable integrity for a
smoke barrier. 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
This proposed AD would require accomplishment of the actions
identified in Boeing Requirements Bulletin 747-25-3725 RB, 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-2021-0258.
Explanation of Requirements Bulletin
The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(AD ARC), to enhance the AD system. One enhancement is a process for
annotating which steps in the service information are ``required for
compliance'' (RC) with an AD. Boeing has implemented this RC concept
into Boeing service bulletins.
In an effort to further improve the quality of ADs and AD-related
Boeing service information, a joint process improvement initiative was
worked between the FAA and Boeing. The initiative resulted in the
development of a new process in which the service information more
clearly identifies the actions needed to address the unsafe condition
in the ``Accomplishment Instructions.'' The new process results in a
Boeing Requirements Bulletin, which contains only the actions needed to
address the unsafe condition (i.e., only the RC actions).
Costs of Compliance
The FAA estimates that this proposed AD affects 109 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Inspection........................ 3 work-hours x $85 per $0 $255 $27,795
hour = $255.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition actions that would be required. The FAA has no way of
determining the number of aircraft that might need these on-condition
actions:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Labor cost Parts cost Cost per product
------------------------------------------------------------------------
1 work-hour x $85 per hour = Minimal............. $85 per finding.
$85 per finding.
------------------------------------------------------------------------
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
[[Page 19162]]
develop on products identified in this rulemaking action.
Regulatory Findings
The FAA 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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 adding the following new airworthiness
directive:
The Boeing Company: Docket No. FAA-2021-0258; Project Identifier AD-
2020-01565-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) action by May 28, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 747-400, 747-400D,
and 747-400F series airplanes, certificated in any category, as
identified in Boeing Requirements Bulletin 747-25-3725 RB, dated
October 27, 2020.
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.
(e) Unsafe Condition
This AD was prompted by reports of burned Boeing Material
Specification (BMS) 8-39 urethane foam found in certain locations on
the airplane; investigation revealed that the fire-retardant
properties degrade with age. The FAA is issuing this AD to address
degraded BMS 8-39 urethane foam used in seals, which may fail to
maintain sufficient halon concentrations in the cargo compartments
to extinguish or contain fire or smoke, and may fail to prevent
penetration of fire or smoke in areas of the airplane that are
difficult to access for fire and smoke detection or suppression,
which could result in loss of control of the airplane.
(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 the ``Compliance'' paragraph of Boeing
Requirements Bulletin 747-25-3725 RB, dated October 27, 2020, do all
applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Requirements Bulletin 747-25-
3725 RB, dated October 27, 2020.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Service Bulletin 747-25-
3725, dated October 27, 2020, which is referred to in Boeing
Requirements Bulletin 747-25-3725 RB, dated October 27, 2020.
(h) Exception to Service Information Specifications
Where Boeing Requirements Bulletin 747-25-3725 RB, dated October
27, 2020, uses the phrase ``after the Original Issue date of
Requirements Bulletin 747-25-3725 RB,'' this AD requires using ``the
effective date of this AD.''
(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 responsible Flight Standards 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 responsible Flight Standards 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.
(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 March 30, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-07544 Filed 4-12-21; 8:45 am]
BILLING CODE 4910-13-P