[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Proposed Rules]
[Pages 4828-4831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01856]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1177; Project Identifier AD-2021-00570-T]
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 adopt a new airworthiness directive (AD) 
for certain The Boeing Company Model 767-200, -300, -300F, and -400ER 
airplanes. This proposed AD was prompted by reports of burned Boeing 
Material Specification (BMS) 8-39 urethane foam, which is a material 
with fire-retardant properties that deteriorate with age. This proposed 
AD would

[[Page 4829]]

require replacing certain BMS 8-39 foam pads with Nomex felt in certain 
areas, removing certain BMS 8-39 foam pads in a certain area (which 
includes a general visual inspection to find BMS 8-39 foam pads), and 
inspecting the corner seals to determine if the corner seals were 
replaced, and replacing affected corner seals. This proposed AD would 
also prohibit the installation of BMS 8-39 urethane foam seal in 
certain locations. 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 March 17, 
2022.

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 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-2021-1177.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1177; 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-2021-1177; Project Identifier 
AD-2021-00570-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 
this 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 received, 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 received about this NPRM.

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. The fire-retardant properties 
of BMS 8-39 urethane foam deteriorate with age. The degraded material 
can be an unacceptable fire fuel source for a fire if exposed to an 
ignition source. The degraded material in the seals will compromise 
Halon and smoke retention and fire blocking, which could result in the 
inability to keep sufficient Halon concentrations within the cargo 
compartment or contain fire or smoke. These conditions, if not 
addressed, could result in penetration of smoke or fire into the flight 
compartment, leading to possible loss of control of the airplane.

Related AD

    The FAA issued AD 2013-11-04, Amendment 39-17464 (78 FR 33193, June 
4, 2013) (AD 2013-11-04), for certain The Boeing Company Model 747-100, 
747-100B, 747-100B SUD, 747-200B, 747-200F, 747-300, 747-400, 747-400D, 
747-400F, 747SR, and 747SP series airplanes; Model 767-200, -300, -
300F, and -400ER series airplanes; and Model 777-200, -200LR, -300, and 
-300ER series airplanes. For Model 767-200, -300, -300F, and -400ER 
series airplanes, AD 2013-11-04 requires replacing certain seals made 
of BMS 8-39 urethane foam in accordance with Boeing Special Attention 
Service Bulletin 767-25-0381, Revision 1, dated September 17, 2012, 
which the Director of the Federal Register approved for incorporation 
by reference as of July 9, 2013 (78 FR 33193, June 4, 2013). 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 proposes to require additional actions for certain Model 
767-200, -300, -300F, and -400ER series airplanes, in accordance with 
Boeing Special Attention Service Bulletin 767-25-0381, Revision 4, 
dated April 26, 2021. 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 additional work applies only to Model 767-
200, -300,

[[Page 4830]]

-300F, and -400ER series airplanes having certain configurations.

Actions Since AD 2013-11-04 Was Issued

    Since AD 2013-11-04 was issued, the FAA has determined that 
replacement or removal of certain BMS 8-39 urethane foam pads and an 
inspection of certain corner seals is necessary for certain Model 767-
200, -300, -300F, and -400ER airplanes that are in AD 2013-11-04. This 
proposed AD would only require the actions for Model 767-200, -300, -
300F, and -400ER series airplanes, identified as Group 1, Configuration 
4; Group 2, 3, 12, and 13, Configuration 3; Group 14, Configuration 1 
and 3; Group 15, Configuration 2; and Group 17, Configuration 3 and 4, 
in Boeing Special Attention Service Bulletin 767-25-0381, Revision 4, 
dated April 26, 2021. This proposed AD addresses the unsafe condition 
only for these airplanes as identified in paragraph (c) of this 
proposed AD. Therefore, this proposed AD would not supersede AD 2013-
11-04.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Service Bulletin 767-25-
0381, Revision 4, dated April 26, 2021. This service information 
specifies, among other actions, procedures for replacing certain BMS 8-
39 foam pads with Nomex felt in the forward and aft crown area, 
removing certain BMS 8-39 foam pads in the crown area (which includes a 
general visual inspection to find BMS 8-39 foam pads) for certain 
airplanes, inspecting the corner seals to determine if the corner seals 
were replaced, and replacing affected corner seals. The required 
actions depend on requirements for use and location of the BMS 8-39 
urethane foam in the airplane. 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.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already. This proposed AD would also 
prohibit the installation of affected parts. For information on the 
procedures, see this service information at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-1177.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 396 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
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Inspection (1 airplane)..........  33 work-hours x $85   $0.....................          $2,805          $2,805
                                    per hour = $2,805.
Replacement of foam pad with       29 work-hours x $85   Negligible *...........           2,465         889,865
 Nomex felt (361 airplanes).        per hour = $2,465.
Removal (34 airplanes)...........  29 work-hours x $85   $0.....................           2,465          83,810
                                    per hour = $2,465.
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* Parts are Nomex felt, adhesive, and tapes. There are no kits for this required action.

    The FAA estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
proposed inspection. The agency has no way of determining the number of 
aircraft that might need this replacement:

                                               On-Condition Costs
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               Action                      Labor cost                Parts cost             Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement of corner seals........  1 work-hour x $85 per   Up to $3,848.............  Up to $3,933.
                                      hour = $85.
----------------------------------------------------------------------------------------------------------------

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 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.

[[Page 4831]]

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-2021-1177; Project Identifier AD-
2021-00570-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 17, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category, 
identified as Group 1, Configuration 4; Group 2, 3, 12, and 13, 
Configuration 3; Group 14, Configuration 1 and 3; Group 15, 
Configuration 2; and Group 17, Configuration 3 and 4; in Boeing 
Special Attention Service Bulletin 767-25-0381, Revision 4, dated 
April 26, 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 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 result in penetration of smoke or fire into the flight 
compartment, leading to possible loss of control of the airplane.

(f) Compliance

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

(g) Required Actions

    Within 72 months after the effective date of this AD, do the 
applicable actions specified in paragraph (g)(1), (2), (3), or (4) 
of this AD in accordance with the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 767-25-0381, Revision 4, 
dated April 26, 2021.
    (1) For Group 1, Configuration 4, airplanes; and Group 2, 3, 12, 
and 13, Configuration 3, airplanes: Replace BMS 8-39 foam pads in 
the forward and aft crown area with Nomex felt.
    (2) For Group 14, Configuration 1 and 3, airplanes; and Group 
15, Configuration 2, airplanes: Remove BMS 8-39 foam pads in the 
crown area.
    (3) For Group 17, Configuration 3, airplanes: Replace BMS 8-39 
foam pads in the forward and aft crown area with Nomex felt, inspect 
the corner seals to determine if the corner seals were replaced and 
if any corner seals were not replaced, within 72 months after the 
effective date of this AD, replace affected corner seals.
    (4) For Group 17, Configuration 4, airplanes: Inspect the corner 
seals to determine if the corner seals were replaced and if any 
corner seals were not replaced, within 72 months after the effective 
date of this AD, replace affected corner seals.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a BMS 
8-39 urethane foam seal on any airplane in any location identified 
in Boeing Special Attention Service Bulletin 767-25-0381, Revision 
4, dated April 26, 2021.

(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) 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 January 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-01856 Filed 1-28-22; 8:45 am]
BILLING CODE 4910-13-P