Rule2022-17436
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
August 16, 2022
Effective
September 20, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 157 (Tuesday, August 16, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17436]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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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.
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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 <a href="http://www.myboeingfleet.com">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="http://www.regulations.gov">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="http://www.regulations.gov">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 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: <a href="/cdn-cgi/l/email-protection#fe948b92979bd092979090be989f9fd0999188"><span class="__cf_email__" data-cfemail="6a001f06030f44060304042a0c0b0b440d051c">[email protected]</span></a>.
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
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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
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.
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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
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: <a href="/cdn-cgi/l/email-protection#ba8397fbf4f7e9dfdbceced6df97fbf9f597fbf7f5f997e8dfcbcfdfc9cec9fadcdbdb94ddd5cc"><span class="__cf_email__" data-cfemail="8fb6a2cec1c2dceaeefbfbe3eaa2ceccc0a2cec2c0cca2ddeafefaeafcfbfccfe9eeeea1e8e0f9">[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
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#5c362930353972303532321c3a3d3d723b332a"><span class="__cf_email__" data-cfemail="3d574851545813515453537d5b5c5c135a524b">[email protected]</span></a>.
(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 <a href="http://www.myboeingfleet.com">www.myboeingfleet.com</a>.
(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, <a href="/cdn-cgi/l/email-protection#0d6b7f2364637e7d686e796462634d636c7f6c236a627b"><span class="__cf_email__" data-cfemail="adcbdf83c4c3deddc8ced9c4c2c3edc3ccdfcc83cac2db">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
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
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