[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Rules and Regulations]
[Pages 50235-50237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17436]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / 
Rules and Regulations  

[[Page 50235]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1177; Project Identifier AD-2021-00570-T; 
Amendment 39-22096; AD 2022-13-10]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 767-200, -300, -300F, and -400ER 
series airplanes. This 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 AD 
requires 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 AD also 
prohibits the installation of BMS 8-39 urethane foam seal in certain 
locations. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective September 20, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
20, 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 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 www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1177.

Examining the AD Docket

    You may examine the AD docket at 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 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: 206-231-3584; 
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 767-200, -300, -300F, and -400ER series airplanes. The 
NPRM published in the Federal Register on January 31, 2022 (87 FR 
4828). The NPRM was prompted by reports of burned BMS 8-39 urethane 
foam, which is a material with fire-retardant properties that 
deteriorate with age. In the NPRM, the FAA proposed to 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. 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.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association, 
International (ALPA) and United Airlines, who supported the NPRM 
without change.
    The FAA received additional comments from Aviation Partners Boeing 
(APB) and another individual. The following presents the comments 
received on the NPRM and the FAA's response to the comments.

Effect of Winglets on Accomplishment of the Proposed Actions

    APB stated that the installation of winglets per Supplemental Type 
Certificate (STC) ST01920SE does not affect compliance with the 
mandated actions in the proposed rule.
    The FAA agrees with the commenter. Therefore, the installation of 
STC ST01920SE does not affect the ability to accomplish the actions 
required by this AD. The FAA has not changed this AD in this regard.

Request for Clarification of the Safe Life-Limit of BMS 8-39 Urethane 
Foam

    An individual commenter requested information related to how long 
it takes for BMS 8-39 foam pads to become flammable, and, if the foam 
is relatively new and retains its fire retardant properties, the 
commenter wondered if the BMS 8-39 foam should still be replaced. 
Conversely, the commenter questioned whether the situation was serious 
enough to ground airplanes.
    The FAA agrees to clarify. According to Boeing, the self-
extinguishing and physical properties of the BMS 8-39 urethane foam can 
degrade after five to ten years, and this degraded material can be an 
unacceptable fuel source for a fire if exposed to an ignition source. 
In developing an appropriate compliance time, the FAA considered the 
safety implications, parts availability, and normal maintenance 
schedules for timely accomplishment of replacement of the BMS 8-39 
urethane foam. Further, the FAA arrived at the

[[Page 50236]]

proposed compliance time with operator and manufacturer concurrence. In 
consideration of all of these factors, the FAA determined that the 
compliance time, as proposed, represents an appropriate interval in 
which the BMS 8-39 urethane foam can be replaced in a timely manner 
within the fleet, while still maintaining an adequate level of safety. 
No airplanes would need to be grounded to address this unsafe 
condition. The FAA has not changed the AD in this regard.

Request for Clarification of Cost

    An individual commenter requested clarification regarding who bears 
the cost for the BMS 8-39 foam replacement: airplane operators or the 
manufacturer.
    The FAA agrees to clarify. In Boeing Special Attention Service 
Bulletin 767-25-0381, Revision 4, dated April 26, 2021, the 
manufacturer indicated that no warranty remedies exist for the required 
actions. Therefore, the airplane operators are responsible for the 
costs, and any warranty remedies or adjustments in the cost of 
accomplishing this AD must be arranged between the manufacturer and the 
operator. The FAA does not have any control over the costs associated 
with this AD. The FAA has not changed the AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, 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 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.

Costs of Compliance

    The FAA estimates that this AD affects 396 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
              Action                    Labor cost             Parts cost             product        operators
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
* 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 
inspection. The agency has no way of determining the number of aircraft 
that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              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

    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,

[[Page 50237]]

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:

2022-13-10 The Boeing Company: Amendment 39-22096; Docket No. FAA-
2021-1177; Project Identifier AD-2021-00570-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 20, 
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

    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].

(k) 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 767-25-0381, 
Revision 4, dated April 26, 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 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 13, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-17436 Filed 8-15-22; 8:45 am]
BILLING CODE 4910-13-P