Proposed Rule2021-22252
Airworthiness Directives; The Boeing Company Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 14, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 747-400, -400D, and -400F series airplanes. This proposed 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 proposed AD would require replacing the system tube/wire seals made of BMS 8-39 urethane foam in certain areas of the airplane. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 196 (Thursday, October 14, 2021)</title>
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[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Proposed Rules]
[Pages 57081-57083]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22252]
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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]
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 747-400, -400D, and -400F series
airplanes. This proposed 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 proposed AD
would require replacing the system tube/wire seals made of BMS 8-39
urethane foam in certain areas of the airplane. 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 November
29, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> 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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>
by searching for and locating Docket No. FAA-2021-0794.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 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: 206-231-3684;
email: <a href="/cdn-cgi/l/email-protection#462c332a2f23682a2f28280620272768212930"><span class="__cf_email__" data-cfemail="402a352c29256e2c292e2e002621216e272f36">[email protected]</span></a>.
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-2021-0794; Project Identifier
AD-2021-00400-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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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: 206-231-3684; email: <a href="/cdn-cgi/l/email-protection#7f150a13161a51131611113f191e1e51181009"><span class="__cf_email__" data-cfemail="e18b948d8884cf8d888f8fa1878080cf868e97">[email protected]</span></a>. 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, 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 fire
retardants in BMS 8-39 urethane foam are mixed into, but are not
chemically connected with, the remaining components of the foam, which
causes the fire retardants to have decreased fire resistance over time.
The degraded material can be an unacceptable fuel source for a fire if
exposed to an ignition source. This condition, if not addressed, could
result in 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
[[Page 57082]]
for fire and smoke detection or suppression.
Related AD
The FAA issued AD 2013-11-04, Amendment 39-17464 (78 FR 33193, June
4, 2013) (AD 2013-11-04), which applies to 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. AD 2013-11-04 requires
replacing certain seals made of BMS 8-39 urethane foam. AD 2013-11-04
was prompted by 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, a material with fire-retardant properties that
deteriorate with age.
Actions Since AD 2013-11-04 Was Issued
Since AD 2013-11-04 was issued, the FAA has determined that
additional replacements of system tube/wire seals made of BMS 8-39
urethane foam are necessary for certain Model 747-400, -400D, and -400F
series airplanes. These new proposed actions apply only to certain
airplanes and would not replace or terminate the actions required by 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 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.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in the service information already described. For information on the
procedures and compliance times, see this service information at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2021-0794.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 131 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product Cost on U.S. operators
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Replacement (including GVI)... Up to 32 work- $ * Up to $2,720........... Up to $356,320.
hours x $85 per
hour = Up to
$2,720.
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* The FAA has received no definitive data on which to base the parts cost estimates for this proposed 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
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-2021-0794; Project Identifier AD-
2021-00400-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by November 29, 2021.
(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,
[[Page 57083]]
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.
(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: <a href="/cdn-cgi/l/email-protection#4c75610d0201611f292d38382029610d0f03610d01030f611e293d39293f383f0c2a2d2d622b233a"><span class="__cf_email__" data-cfemail="ebd2c6aaa5a6c6b88e8a9f9f878ec6aaa8a4c6aaa6a4a8c6b98e9a9e8e989f98ab8d8a8ac58c849d">[email protected]</span></a>.
(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
(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: 206-231-3684; email: <a href="/cdn-cgi/l/email-protection#a0cad5ccc9c58eccc9cecee0c6c1c18ec7cfd6"><span class="__cf_email__" data-cfemail="177d627b7e72397b7e79795771767639707861">[email protected]</span></a>.
(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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. 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 September 16, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-22252 Filed 10-13-21; 8:45 am]
BILLING CODE 4910-13-P
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