Proposed Rule2022-01856
Airworthiness Directives; The Boeing Company Airplanes
Primary source
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Published
January 31, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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 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.
Full Text
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<title>Federal Register, Volume 87 Issue 20 (Monday, January 31, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<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-2021-1177.
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-2021-1177; 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: <a href="/cdn-cgi/l/email-protection#1c566970757932507572725c7a7d7d327b736a"><span class="__cf_email__" data-cfemail="753f00191c105b391c1b1b351314145b121a03">[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-2021-1177; 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
<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: 206-231-3584; email: <a href="/cdn-cgi/l/email-protection#9ed4ebf2f7fbb0d2f7f0f0def8ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="97dde2fbfef2b9dbfef9f9d7f1f6f6b9f0f8e1">[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, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>
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
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Replacement of corner seals........ 1 work-hour x $85 per Up to $3,848............. Up to $3,933.
hour = $85.
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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: <a href="/cdn-cgi/l/email-protection#477e6a06090a6a14222633332b226a0604086a060a08046a15223632223433340721262669202831"><span class="__cf_email__" data-cfemail="dae3f79b9497f789bfbbaeaeb6bff79b9995f79b979599f788bfabafbfa9aea99abcbbbbf4bdb5ac">[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.
(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: <a href="/cdn-cgi/l/email-protection#1258677e7b773c5e7b7c7c527473733c757d64"><span class="__cf_email__" data-cfemail="b7fdc2dbded299fbded9d9f7d1d6d699d0d8c1">[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 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
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