[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Rules and Regulations]
[Pages 2532-2534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00585]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0794; Project Identifier AD-2021-00400-T; 
Amendment 39-21869; AD 2021-26-10]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 747-400, -400D, and -400F series 
airplanes. This AD was prompted by reports of burned Boeing Material 
Specification (BMS) 8-39 urethane foam, and a report from the airplane 
manufacturer that airplanes were assembled with seals throughout 
various areas of the airplane (including flight deck and cargo 
compartments) made of BMS 8-39 urethane foam, a material with fire-
retardant properties that deteriorate with age. This AD requires 
replacing the system tube/wire seals made of BMS 8-39 urethane foam in 
certain areas of the airplane. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective February 22, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 22, 
2022.

ADDRESSES: 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 at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0794.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0794; 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 address for Docket 
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue 
SE, Washington, DC 20590.

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: 206-231-3684; 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain The Boeing 
Company Model 747-400, -400D, and -400F series airplanes. The NPRM 
published in the Federal Register on October 14, 2021 (86 FR 57081). 
The NPRM was prompted by reports of burned BMS 8-39 urethane foam, and 
a report from the airplane manufacturer that airplanes were assembled 
with seals throughout various areas of the airplane (including flight 
deck and cargo compartments) made of BMS 8-39 urethane foam, a material 
with fire-retardant properties

[[Page 2533]]

that deteriorate with age. In the NPRM, the FAA proposed to require 
replacing the system tube/wire seals made of BMS 8-39 urethane foam in 
certain areas of the airplane. The FAA is issuing this AD to prevent 
failure of the 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.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Boeing, the Air Line Pilots 
Association, International (ALPA), and two individuals, who supported 
the NPRM without change.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
requires adopting this AD as proposed. Except for minor editorial 
changes, this AD is adopted as proposed in the NPRM. None of the 
changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Service Bulletin 747-25-
3381, Revision 3, dated February 19, 2021. This service information 
specifies procedures for replacing BMS 8-39 urethane foam seals with 
BMS 1-68 silicone foam rubber seals (including doing a general visual 
inspection of the foam for any tube or wire penetrations and sealing 
any penetrations that go through the insulation blankets). This service 
information adds the work instructions for Group 11, Configuration 2; 
Group 13 and 14, Configuration 4; and Group 16, 17, and 19, 
Configuration 5 airplanes.
    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 ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 131 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                     Parts
            Action                  Labor cost        cost        Cost per product       Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Replacement (including GVI)...  Up to 32 work-           * $  Up to $2,720............  Up to $356,320.
                                 hours x $85 per
                                 hour = Up to
                                 $2,720.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the parts cost estimates for this AD.

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,
    (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 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:

2021-26-10 The Boeing Company: Amendment 39-21869; Docket No. FAA-
2021-0794; Project Identifier AD-2021-00400-T.

(a) Effective Date

    This airworthiness directive (AD) is effective February 22, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-400, -400D, and 
-400F series airplanes, certificated in any category, identified as 
Group 11, Configuration 2; Group 13 and 14, Configuration 4; and 
Group 16, 17, and 19, Configuration 5, in Boeing Special Attention 
Service Bulletin 747-25-3381, Revision 3, dated February 19, 2021.

(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, and a report from the 
airplane manufacturer that airplanes were assembled with seals 
throughout various areas of the airplane (including flight deck and 
cargo compartments) made of BMS 8-39 urethane foam, a material with 
fire-retardant properties that deteriorate with age. The FAA is 
issuing this AD to prevent failure of the 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.

[[Page 2534]]

(f) Compliance

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

(g) BMS 8-39 Urethane Foam Seal Replacements

    Within 72 months after the effective date of this AD: Replace 
the BMS 8-39 urethane foam seals in the forward cargo compartment 
system tube/wire (including doing a general visual inspection of the 
foam for any tube or wire penetrations and sealing any penetrations 
that go through the insulation blankets) with BMS 1-68 silicone foam 
rubber seals, as applicable, in accordance with the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 747-25-
3381, Revision 3, dated February 19, 2021.

(h) 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 Related Information. 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.

(i) Related Information

    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: 206-231-3684; email: [email protected].

(j) 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 Special Attention Service Bulletin 747-25-3381, 
Revision 3, dated February 19, 2021.
    (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 protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 9, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-00585 Filed 1-14-22; 8:45 am]
BILLING CODE 4910-13-P