Airworthiness Directives; Boeing Model 727-200 and 727-200F Series Airplanes; 737-200, 737-200C, 737-300, and 737-400 Series Airplanes; 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747SR, and 747SP Series Airplanes; 757-200, 757-200CB, and 757-200PF Series Airplanes; and 767-200 and 767-300 Series Airplanes, 66497-66512 [E8-26352]
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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Rules and Regulations
(b) The adjustments in paragraph (a)
of this section apply to violations that
occur after December 10, 2008.
5682; e-mail DDCS@boeing.com;
Internet https://
www.myboeingfleet.com.
Dated: October 31, 2008.
John C. Dugan,
Comptroller of the Currency.
[FR Doc. E8–26654 Filed 11–7–08; 8:45 am]
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (telephone 800–647–5527)
is the Document Management Facility,
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:
Shannon Lennon, Aerospace Engineer,
Cabin Safety and Environmental
Systems Branch, ANM–150S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6436; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
BILLING CODE 4810–33–C
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–20836; Directorate
Identifier 2005–NM–028–AD; Amendment
39–15730; AD 2008–23–09]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 727–200 and 727–200F Series
Airplanes; 737–200, 737–200C, 737–
300, and 737–400 Series Airplanes;
747–100, 747–100B, 747–100B SUD,
747–200B, 747–200C, 747–200F, 747–
300, 747–400, 747SR, and 747SP Series
Airplanes; 757–200, 757–200CB, and
757–200PF Series Airplanes; and 767–
200 and 767–300 Series Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
dwashington3 on PRODPC61 with RULES
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for certain
Boeing transport category airplanes.
This AD requires replacing any
insulation blanket constructed of
polyethyleneteraphthalate (PET) film,
ORCON Orcofilm AN–26 (hereafter
‘‘AN–26’’), with a new insulation
blanket. This AD results from reports of
in-flight and ground fires on certain
airplanes manufactured with insulation
blankets covered with AN–26, which
may contribute to the spread of a fire
when ignition occurs from sources such
as electrical arcing or sparking. We are
issuing this AD to ensure that insulation
blankets constructed of AN–26 are
removed from the fuselage. Such
insulation blankets could ignite and
propagate a fire that is the result of
electrical arcing or sparking.
DATES: This AD is effective December
15, 2008.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of December 15, 2008.
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207;
telephone 206–544–9990; fax 206–766–
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Summary of the NPRM
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness
directive (AD) that would apply to
certain Boeing Model 727–200 and 727–
200F series airplanes; 737–200, 737–
200C, 737–300, and 737–400 series
airplanes; 747–100, 747–100B, 747–
100B SUD, 747–200B, 747–200C, 747–
200F, 747–300, 747–400, 747SR, and
747SP series airplanes; 757–200 and
757–200PF series airplanes; and 767–
200 and 767–300 series airplanes. That
NPRM was published in the Federal
Register on April 4, 2005 (70 FR 16986).
That NPRM proposed to require
removing all insulation blankets within
the pressurized areas of the affected
airplanes and installing a new
insulation blanket meeting the
requirements of Section 25.856(a) of
Title 14 of the Code of Federal
Regulations (CFR) (14 CFR 25.856(a)).
That NPRM also proposed to allow
operators to develop methods for
distinguishing between insulation
blankets constructed of AN–26 and
other materials. In addition, that NPRM
proposed a provision that, if the FAA
approves such a method, operators
would not be required to remove
blankets they determine are not
constructed of AN–26.
Related Activities
After issuance of the NPRM, we
extended the comment period of the
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66497
NPRM by 60 days due to the extensive
scope and significant potential impact
of the NPRM. An NPRM, extending the
comment period, was published in the
Federal Register on June 6, 2005 (70 FR
32738). Subsequently, we decided that
more time was necessary for interested
parties to continue to evaluate the
proposal and to submit additional
comments with more specific details
concerning issues. An NPRM, reopening
the comment period, was published in
the Federal Register on November 23,
2005 (70 FR 70749).
Differences Between the NPRM and the
Final Rule
We have extended the compliance
time of the required replacement from
72 months to 96 months. The revised
compliance time should minimize the
cost impact on operators by allowing
more planning time to comply with the
requirements of this AD. We also have
revised the cost information and note
that there is a substantial change in
estimated cost due to increased parts
and labor costs, reduced number of
airplanes, and assumed service change
for the future fleet. In addition, we have
deleted the reinstallation requirement of
paragraph (h)(2) of the NPRM. The
reinstallation requirement would have
created an undue burden on operators
because not all removals of insulation
blankets are done at a heavy
maintenance visit with the necessary
replacement materials available.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received from
the 21 commenters. The significant
comments are as follows.
Questioning the Safety Risk of AN–26
Several commenters, such as the Air
Transport Association (ATA) on behalf
of its members, Boeing, KLM, and
Northwest Airlines (NWA), request that
we reconsider the NPRM because AN–
26 poses a lower safety risk than
indicated in the NPRM, and that AN–26
was not considered unsafe during
certification.
Boeing states that its in-service
events/test data show limited flame
spread and no damage to structure/
systems due to aged AN–26. Boeing
implies that the mitigating actions for
the NPRM should be revised to
correspond to the low risk presented by
the data, which are proportionally
associated with the combination of
contamination, ignition, and flame
propagation.
In addition, Boeing states that the
replacement of AN–26 for all locations
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may not be required due to the isolation
of materials from ignition sources or
lack of susceptibility to high levels of
contamination. NWA agrees with
Boeing’s conclusion that AN–26 (based
on flame propagation characteristics by
itself) without contamination is not an
unsafe condition (i.e., high-level threat)
for airplanes.
Based on our review of the details of
the in-service events/test data, we do
not agree with Boeing to revise the
NPRM to reflect its presented
information or with its conclusions
about the data. With regard to ignition
and propagation, we have examined the
incident/event history of fires involving
airplanes manufactured between 1981
and 1988 and, in particular, those
events that have involved AN–26
thermal/acoustic insulation materials.
Results of this examination revealed
that flames have propagated on the
thermal/acoustic insulation materials
initiated from several types of ignition
sources such as electrical arc/sparks and
lightning strikes. Flight or ground
personnel extinguished some of these
fires with extinguishing equipment
while other fires self-extinguished. It is
unknown whether all of these fires
would have self-extinguished and how
much of the material would have been
consumed or if the fire would have
spread to other materials. These events
took place in several areas of the
airplanes, but primarily in inaccessible
areas, those that are hidden from view
from the passengers and flight crew. The
burned areas ranged from a relatively
small area (< one ft2) to a large area (40
ft2). Some of these events resulted in
significant system and/or structural
damage to the airplane.
We also do not agree with the
commenters suggestions that an unsafe
condition only exists if contamination is
present. Data from in-service events and
tests, conducted by both Boeing and us,
support the conclusion that relatively
uncontaminated, in-service AN–26 has
ignited and resulted in unacceptable
flame propagation behavior. As
discussed in the ‘‘Background’’ section
of the NPRM, we have concluded that
the flammability characteristics of AN–
26 are more a factor of fundamental
material properties than a factor of
contamination.
Contamination, in many cases, can
increase the susceptibility to ignition
and flame propagation, although, in
certain cases, some forms of
contamination actually inhibit the
propagation of flames. In addition, as
discussed in the ‘‘FAA’s Determination
and Requirements of the Proposed AD’’
section of the NPRM, we issued Flight
Standards Information Bulletin for
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15:24 Nov 07, 2008
Jkt 217001
Airworthiness (FSAW) 00–09, ‘‘Special
Emphasis Inspection on Contamination
of Thermal/Acoustic Insulation,’’
effective September 28, 2000, to ensure
that operators have procedures defined
in their approved maintenance
programs for the inspection for
contamination and corrective action.
Boeing also has revised service letters
alerting operators to methods for
preventing and removing
contamination. The procedures in these
documents serve to mitigate the separate
risk associated with contamination.
NWA also comments that AN–26 was
not considered unsafe at the time of
certification, and that we are changing
the flammability test for insulation
material 20 years after certification.
We do not agree. Whether or not AN–
26 meets the certification flammability
requirements that were applicable to the
affected airplanes is irrelevant to the
determination of an unsafe condition.
As mentioned in Amendment No. 25–
111 (68 FR 45045, July 31, 2003), prior
certification standards did not
adequately distinguish between
acceptable and unacceptable materials.
As a result, we did, in fact, change those
standards in Amendment No. 25–111,
and the old test methods are no longer
applicable to thermal/acoustic
insulation. As such, our long-range plan
is application of Amendment No. 25–
111, where material that met the
previous standards will be reduced by
attrition as required by the associated 14
CFR Part 91 and Part 121 operational
rules.
Furthermore, in response to NWA’s
observation that we are changing test
methods to account for electrical arcing,
the arc/spark test is only used to assess
whether an unsafe condition exists. It is
not used as a certification standard. We
have determined that the most common
ignition threat is electrical arcing/
sparking. When AN–26 is subject to arcs
and sparks, it ignites and propagates a
fire with characteristics unlike other
insulation material we have evaluated.
These characteristics create the unsafe
condition.
KLM and NWA are concerned that in
addition to AN–26, there may be
additional materials that should be
subject to the requirements of the
NPRM. KLM states that it received a list
of several thermal/acoustic insulation
materials from ORCON, the
manufacturer of AN–26, that do not
comply with 14 CFR 25.856(a).
As discussed in the NPRM, this AD
addresses an identified unsafe condition
(i.e., insulation blankets constructed of
AN–26, if not removed from the
fuselage, could ignite and propagate a
fire that is the result of electrical arcing
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or sparking). AN–26 differs from other
films in use, except for metallized
polyethyleneteraphthalate (MPET)
material which has been addressed in
other similar rulemaking, in that it is
susceptible to propagation of a fire from
a small ignition source. Other films,
while not necessarily meeting the
requirements of 14 CFR 25.856(a), do
not have this susceptibility. It is the
susceptibility to small ignition sources
that creates the unsafe condition.
ATA states that AN–26 is not as
unsafe as MPET. ATA states that
investigation results of in-service events
and the FAA Technical Center’s video
recording of the tests of insulation
blankets constructed of MPET indicate
that propagation characteristics of AN–
26 is not a safety threat.
We do not agree with ATA’s assertion
that AN–26 poses a propagation hazard
significantly less than that posed by
MPET. We have determined that each
material is susceptible to ignition and
propagation from a small ignition source
and thus presents an unsafe condition.
The flame propagation characteristics of
MPET in a specific test scenario are not
a recognizable standard with which to
compare other materials, including AN–
26, as MPET has not been deemed the
baseline material for safety evaluations.
For this same reason, we also do not
agree that the comparison of
propagation characteristics of AN–26
and MPET should be factored into the
development of an appropriate
compliance time for the required
replacement.
Service Information
Several commenters, such as ATA,
Continental, and NWA, express concern
about the lack of service information in
order to comply with the AD. ATA
notes that paragraph (f) of the NPRM
states that the insulation blankets must
be replaced ‘‘using applicable
maintenance manual procedures.’’ ATA
states that such a provision is
inadequate, and that the effective date of
the AD should be delayed to ensure
appropriate service information is
available to operators. While preparing
for the MPET ADs 1 (hereafter ‘‘MPET
ADs’’), ATA found that the maintenance
manual procedures:
• Describe the fabrication of
insulation blankets, but provide no
instructions for the removal or
installation of insulation blankets; and
• Do not adequately address the
wholesale replacement of an insulation
blanket system nor provide any
1 ADs 2000–11–01, amendment 39–11749 (65 FR
34321, May 26, 2000), and 2000–11–02, amendment
39–11750 (65 FR 34341, May 26, 2000).
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accounting for assessing or planning the
labor or logistical support required to
mount the proposed replacement.
In addition, ATA states that having
service information with detailed
procedures for replacing AN–26 in the
flight deck and electronics compartment
(areas in which insulation blankets are
rarely replaced during the lifetime of an
airplane) is necessary to ensure that the
electrical systems are not disturbed
during the proposed replacement.
Without approved service information,
ATA also states that the NPRM, in
effect, relies on the future development
and FAA’s approval of operators’
equivalent methods, alternative
methods of compliance (AMOC), or
supplemental type certificates (STCs), or
a combination of these methods. ATA
points out that it took 9 to 18 months
to develop and to get approved 22 STCs
for a similar issue (i.e., strengthened
flight deck doors).
Continental states that the NPRM does
not refer to any approved service
information with instructions for
inspecting systems that are disturbed
during the AN–26 replacement. Without
this service information, Continental
also states that Boeing, operators, and
the FAA will be unable to determine
whether there are compliance issues
similar to those the FAA previously
noted before the issuance of the MPET
ADs. Continental concludes that
requiring operators to develop their own
service information will cause operators
and the FAA an undue burden after the
AD is released and could cause
compliance issues.
As an alternative to extending the
effective date of the AD, ATA requests
that we consider issuing a supplemental
NPRM that proposes a reasonable
66499
compliance time once appropriate
service information is available. ATA
appreciates the reopening/extension of
the comment period of the NPRM to
evaluate AMOCs; however, ATA notes
that the results of the evaluated AMOCs
revealed that none of them have a high
likelihood of substantially reducing the
cost impact of the NPRM. Since no
AMOCs have been approved for use,
ATA states that any estimate of their
economic benefits and impacts would
be somewhat speculative. ATA believes
that waiting for approved service
information will ensure a reasonable
cost impact and will ensure the
availability of at least one practical
method of compliance throughout the
compliance time of the AD.
After issuance of the NPRM, we
reviewed the following Boeing special
attention service bulletins:
TABLE—BOEING SPECIAL ATTENTION SERVICE BULLETINS
Dated—
For model—
727–25–0300 ..................................
737–25–1572 ..................................
747–25–3429 ..................................
April 30, 2008 ................................
April 30, 2008 ................................
April 30, 2008 ................................
757–25–0295 ..................................
767–25–0411 ..................................
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Boeing Special Attention Service
Bulletin—
April 30, 2008 ................................
April 30, 2008 ................................
727–200 and ¥200F series airplanes.
737–200, 737–200C, 737–300, and 737–400 series airplanes.
747–100B, 747–100B SUD, 747–200B, 747–200C, 747–200F, 747–
300, 747–400, 747SP, and 747SR series airplanes.
757–200, 757–200CB, and 757–200PF series airplanes.
767–200 and 767–300 series airplanes.
The special attention service bulletins
describe procedures for an optional onetime general visual inspection to
determine if the existing insulation
blankets are constructed of AN–26,
removal of existing insulation blankets,
and installation of new insulation
blankets. We have determined that
accomplishing the actions specified in
those special attention service bulletins
is considered an acceptable means of
compliance with the requirements of
paragraphs (f) and (g) of this AD.
Therefore, we have revised paragraphs
(f) and (g) of this AD accordingly.
Alternatively, we determined that
existing maintenance manual
procedures should be sufficient for
accessing and replacing AN–26 in the
flight deck, as well as the electronic and
passenger and cargo compartments.
Maintenance manual procedures also
provide instructions for restoring
disturbed systems and conducting
detailed inspections of disturbed wiring.
Therefore, we determined that it is
possible to do the required replacement
in these areas by developing the
necessary installation data in
conjunction with existing maintenance
practices. We also determined that these
areas will most likely be accessed
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15:24 Nov 07, 2008
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during a heavy maintenance check,
which would better facilitate
replacement of insulation materials; and
we have accounted for this in the
compliance time.
We also acknowledge that the
maintenance manual procedures
describe methods for fabricating
replacement insulation blankets as well
as removal and installation of blankets
in several locations throughout the
airplane. We also are aware that,
through existing maintenance manual
procedures, it is possible to utilize
existing insulation blankets as templates
in conjunction with new thermal/
acoustic insulation materials meeting 14
CFR 25.856(a) to create replacement
insulation blankets. While some
operators may not be equipped or may
decide not to manufacture replacement
insulation blankets, we are aware that
there are resources available in the
industry to manufacture and install
replacement insulation blankets in
almost all locations without specific
service information from Boeing.
Furthermore, we are also aware that
certain operators and modifiers are
developing their own installation data.
We support the efforts of these parties
to generate potential methods of
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compliance. However, we have not
received any specific proposals to date.
US Airways requests that the NPRM
be withdrawn and reissued when
approved methods of identifying
insulation blankets constructed of AN–
26 and service information are available.
Boeing, British Airways (BA),
Continental, Henderson Projects, FedEx,
NWA, and Transport Canada Civil
Aviation request that the NPRM be
revised to include a method of
identifying non-compliant insulation
blankets constructed of AN–26. Two
commenters specifically request that the
first paragraph in the ‘‘FAA’s
Determination and Requirements of the
Proposed AD’’ section of the NPRM be
revised to include Boeing’s AN–26
visual identification flow chart. Without
such a method, the two commenters
state that operators will be required to
get approval from the FAA before
installing replacement insulation
blankets, which will cause a significant
work overload for all respective parties.
Another commenter states that Note 1 of
the NPRM is not adequate to identify
AN–26 and would like to see color
pictures and a description of AN–26.
Other commenters state that including
such a method will help offset the
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economic impact on operators. One
other commenter states that many
original insulation blankets have been
replaced with locally fabricated
insulation blankets, which do not have
visible markings.
We acknowledge that operators need
a better method to identify insulation
blankets constructed of AN–26. We are
aware that ORCON used a variety of
methods to part-mark the subject
materials, and in some cases, there is no
part marking at all. We are also aware
that more than one material has been
qualified to Boeing’s material
specification during the timeframe AN–
26 was used.
We do not agree, however, to include
Boeing’s AN–26 visual identification
flow chart in the current form in the AD.
We have determined that the flow chart
does not provide an adequate means of
identifying insulation blankets
constructed of AN–26 and lacks key
characteristics necessary to aid
personnel. However, Boeing has
provided instructions for identifying
insulation blankets constructed of AN–
26 in the service information described
previously.
Need for More Meetings/Central
Repository
ATA requests that we form an
Aviation Rulemaking Committee (ARC)
to coordinate insulation-related
initiatives of large scope that may arise
in the future. ATA also requests that we
work with manufacturers to coordinate
the development and publication of a
central repository of data showing:
• Thermal/acoustic insulation
materials that have passed current flame
propagation test standards; and
• Plans to test in-service materials
that have not yet been tested.
ATA states that rulemaking applicable
to insulation material can have a
tremendous impact on labor, out-ofservice time and, in particular, the
development of methods of compliance
and associated service instructions,
planning, logistic support, and
configuration control, for both
production and out-of-production
airplanes. ATA further states that
experience with insulation blanket rules
similar to the NPRM have shown that
such initiatives should be regarded as
significant, and are candidates for
extensive, close, and preferably advance
coordination within the industry and
the FAA.
We do not agree. We note that data
regarding in-service materials are
already available from the FAA
Technical Center. We have not seen any
tendency for aged material to perform
differently than new materials. While
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15:24 Nov 07, 2008
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none of the data suggest that there is a
trend toward increased flammability
with age, we support further
investigation into this issue. However,
we do not plan to test additional
materials, unless new information
surfaces to suggest a need. We do not
agree that a central repository of data,
whether descriptive or substantiating, is
necessary. We have gathered test data
for a number of in-service materials,
which can be accessed at: https://
www.fire.tc.faa.gov/ppt/materials/
Flammability_test.zip. These data were
obtained by the International Aircraft
Materials Fire Test Working Group
(IAMFTWG) on a strictly voluntary
basis. In general, data are proprietary to
the applicant, and we cannot disclose
those data to the public. We would
support an industry initiative wherein
design approval holders voluntarily
disclose such information.
We do agree that it is necessary to
coordinate insulation-related initiatives;
however, we do not agree that it is
necessary to form an ARC. We, along
with several manufacturers and
operators, are a member of the
IAMFTWG, which studies
improvements to flammability
standards, specifically those for nonmetallic materials within the
pressurized portions of an airplane. The
group is divided into several task
groups, one of which is the Aging/
Contamination Task Group. Members of
this task group evaluate in-service parts
from operators to study contaminants
and to determine materials used by
manufacturers and operators, and
conduct laboratory tests to artificially
age various film materials. However, the
IAMFTWG is not an FAA-chartered
committee and thus does not make
specific rulemaking recommendations,
nor can we task it to do so. However, we
actively participate in IAMFTWG
meetings and intend to utilize
information provided by this group to
determine how contamination may
impact the risk of fire and/or fire
propagation and also determine if
alternative regulatory action may be
appropriate. In addition, the potential
for forming a working group on aging
and contamination insulation materials
was formally presented to the Transport
Airplane and Engine Issues Group
(TAEIG) of the Aviation Rulemaking
Advisory Committee. Based on the
minimal feedback from the group
members, we determined that such a
working group is not necessary, and
therefore, we do not plan to initiate any
activity beyond that in the IAMFTWG.
NWA proposes that we withdraw the
NPRM until we can task industry to
develop a reasonable resolution to our
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insulation flammability concerns (i.e.,
aging and contamination).
We agree that it may be necessary to
conduct studies on the effects of
contamination on insulation materials.
However, we do not agree to withdraw
the NPRM until another industry task
group can be formed to address aging
and contamination outside of current,
ongoing activity. We have concluded
that the flammability characteristics of
AN–26 are more a factor of fundamental
material properties than a factor of aging
or contamination. As discussed
previously, we extended the comment
period of the NPRM in June 2005, as
well as reopened the comment period in
November 2005. During that time,
industry was unable to arrive at a
common approach or to propose
specific AMOCs that are alluded to in
comments that were submitted to the
NPRM. Any additional delay for further
study would be unacceptable, because
doing so would allow the unsafe
condition to persist.
Compliance Time
BA and Transport Canada Civil
Aviation agree with the 72-month
compliance time for the replacement
required by paragraph (f) of the NPRM.
ABX Air (ABX), ATA, Champion Air,
Continental, DHL, FedEx, International
Air Transport Association (IATA), KLM,
Lufthansa, NWA, UPS, and US Airways
request that the 72-month compliance
time for the replacement of AN–26
required by paragraph (f) of the NPRM
be extended. The commenters propose
new compliance times ranging from 96
months to 144 months.
Certain commenters state that such an
extension will align with their
scheduled maintenance intervals such
as a heavy maintenance, 4C-check, Ccheck (two intervals), or D-check, and
will thereby eliminate disruptions in
flight schedules. One commenter also
states that 72 months would result in an
undue maintenance burden. Another
commenter states that 72 months would
result in unnecessary grounding of
airplanes due to the associated cost
burden. Others state that such an
extension is necessary to offset the
economic impact.
Another commenter states a longer
compliance time is necessary due to the
assertion that AN–26 is not as unsafe as
MPET—an insulation subject to an AD
with a 60-month compliance time. The
commenter notes that investigation
results of in service events and FAA
Technical Center test data associated
with AN–26 indicate that the
propagation threat to safety is limited
when compared to similar MPET data.
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We agree that the 72-month
compliance time in paragraph (f) of the
NPRM can be extended. Based on the
information supplied by the
commenters, and in consideration of the
impact this type and level of
replacement action imposes on the
operators and the size of the affected
fleet, we have determined that
extending the compliance time to 96
months will not adversely affect safety.
We acknowledge that our efforts with
industry to minimize ignition sources
and to reduce contamination on
insulation blankets are actions that
reduce the risk of fire, and thus are
mitigating actions that support the
compliance time extension. While these
factors partially mitigate the risk and
enable us to allow a compliance time
that is longer than the 60-month
compliance time for the MPET ADs,
they do not adequately address the risk
of flame propagation without removal or
appropriate modification of insulation
blankets constructed of AN–26. As a
secondary consideration, this extension
will allow the required replacement be
conducted during a regularly scheduled
heavy maintenance visit for the majority
of the affected fleet, when the airplanes
would be located at a base where special
equipment (i.e., special rigs, devices,
etc., to facilitate removal and
installation of equipment) and trained
personnel would be readily available, if
necessary. Therefore, we have revised
paragraph (f) of this AD to require a
compliance time of 96 months.
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Delete Freighter Airplanes From the
Applicability
DHL requests that freighter airplanes
be deleted from paragraphs (c)(1) and
(c)(2) of the NPRM, because the risk for
casualties in the event of a fire is almost
zero on those airplanes.
We do not agree with DHL to exclude
freighters or those airplanes that have
been converted from a passenger to a
freighter configuration from the
applicability of this AD. AN–26 is
primarily used in areas of airplanes that
are unoccupied, behind lining materials,
and hidden from view. The risk of an inflight fire and the propagation of a fire
in those areas is essentially the same
whether the airplane is equipped to fly
passengers or cargo. Therefore, we have
made no change to the AD in this
regard.
Changes to the Applicability
After issuance of the NPRM, we
determined that Model 757–200CB
series airplanes are subject to the
identified unsafe condition of this AD.
Currently, there are no affected Model
757–200CB series airplanes on the U.S.
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Register. Because the identified unsafe
condition is likely to exist or develop on
other products of this same type design
that could be registered in the United
States in the future, we have revised the
applicability of this AD to include
Model 757–200CB series airplanes.
Since no Model 757–200CB series
airplanes are affected by this AD, notice
and opportunity for public comment
before issuing this AD are unnecessary.
Limit Replacement to Cover Film
Material, Not Entire Insulation Blanket
Boeing and NWA request that
paragraphs (d) and (f) of the NPRM and
the ‘‘FAA’s Determination and
Requirements of the Proposed AD’’
section of the NPRM be revised to refer
to the replacement of the cover film
material only, not the entire insulation
blanket. Boeing notes that the FAA has
only determined that AN–26 cover film
is non-compliant with 14 CFR 25.856(a).
Boeing states that requiring replacement
insulation blankets to be in full
compliance under that rule is
unnecessary and places an undue
hardship on the airlines and the supply
chain for replacement insulation
blankets. Boeing also states that most
replacement insulation blankets are now
available in the supply chain, but the
availability is strained to meet
production needs that started in
September 2005.
For comparison, Boeing points out
that the MPET ADs only require
replacement of films to remedy the
unsafe conditions of those ADs—not
tapes, threads, felts, hook/loop, etc.,
which are not part of the safety issue. In
addition, Boeing states that requiring
the latest materials for treatments or
construction of replacement insulation
blankets will slow their installation,
which will place an additional burden
on industry. Boeing states further that
incorporating its suggested change of
mandating replacement of AN–26 cover
film only will also support alternate
mitigation approaches to satisfy the
safety issue.
We do not agree with the commenters’
requests to limit the required
replacement to cover film materials
only. Operational rules have been
implemented that require thermal/
acoustic insulation materials installed
as replacements to meet the
requirements of 14 CFR 25.856(a). As
such, there is significant benefit in
defining a consistent standard for this
AD both from a level of safety
perspective and from a practical
standpoint in order to avoid confusion.
As stated in the preamble of
Amendment No. 25–111, the
requirement is also applicable to ‘‘tapes
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or hook and loop fasteners that are
affixed to the film. Research testing has
shown that these details can have a
pronounced effect on the flame
propagation characteristics of the
insulation cover material.’’
We do not believe that the supply
chain for replacement materials will be
unnecessarily strained. The compliance
time extension is intended to allow for
planning and ensuring availability of
necessary materials.
In general, film material is intended to
provide a level of protection to the
insulation batting or ‘‘felt’’ from
contamination and moisture. We have
determined that removing the film alone
may introduce undesirable effects such
as the breakdown of the insulation or
batting material due to the effects of
moisture or other agents, which have
not been evaluated as part of this AD.
We acknowledge, however, that
removal and replacement of AN–26 film
cover material and associated affixed
details such as hook/loop, threads, etc.,
with materials compliant with the
requirements of 14 CFR 25.856(a) may
be an option for consideration of an
AMOC should an operator elect to
pursue this means versus outright
replacement of the blanket assembly.
We have made no change to the final
rule in this regard.
AMOCs
Transport Canada Civil Aviation
requests that the criteria for evaluating
and approving AMOCs for the
replacement in paragraph (f) of the
NPRM be included in the final rule to
assist industry in developing such
AMOCs.
Boeing requests that we define the
acceptance criteria in the AD rather than
requiring operators to obtain the criteria
from the Manager, Seattle Aircraft
Certification Office (ACO). Boeing states
that this change, as well as airlines’
input on implementation and cost
impact, will allow industry to develop
solutions.
We partially agree. We agree with the
commenters that a description of the
criteria and test methods for evaluating
AMOCs is needed to reduce the flow
time and overall implementation costs
of the AD. However, we do not agree
that a change is necessary to this AD in
this regard. We have developed an FAA
document that describes criteria and test
methods for evaluating AMOCs. You
may view this document at https://
www.fire.tc.faa.gov/materials/
AN_26_AMOC.pdf; or in the AD docket
on the Internet at https://
www.regulations.gov.
Boeing requests that the FAA follow
Boeing’s AMOC plan for ‘‘Spray-on
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Solution,’’ which it provided to the FAA
in September 2004. In addition, Boeing
believes that its plan, approach, and
schedule for the overall safety issue
aligns with the potential risk level that
is apparent from incident analysis and
testing. Boeing states that the FAA is
aware of the development and progress
of its spray-on fire retardant solution,
and that when approved, it will be an
acceptable remedy to the identified fire
propagation condition with AN–26.
Other commenters request that a
specific AMOC such as Boeing’s sprayon-solution be included in the
paragraph (f) of the final rule. Some
commenters request that the final rule
not be issued until there is an approved
AMOC relating to spray-on fire
retardants or covering material using
existing insulation materials.
We acknowledge that Boeing has been
in the process of developing a spray-on
fire retardant as an AMOC for the
replacement required by this AD. We
understand that AMOCs can be valuable
to assist operators in complying with
ADs. However, Boeing has not
submitted its modification to us for
approval yet. We do not consider it
appropriate to delay issuance of this
final rule, since we have determined
that an unsafe condition exists and that
replacement must be conducted to
ensure continued safety. We will work
with Boeing or other entities to approve
its modification when the development
is complete and substantiating data are
provided.
Boeing and Continental request that
paragraph (h)(1) of the NPRM be revised
to allow the Boeing Commercial
Airplanes Delegated Compliance
Organization (BDCO) to approve AMOC
requests, in addition to the Manager,
Seattle ACO. Continental states that
allowing such delegation to the BDCO
will enable operators to rapidly respond
to day-to-day operational issues and
will lessen the operational burden of the
required replacement.
We do not agree with Continental to
delegate AMOC approvals to the BDCO,
nor do we agree with Boeing to revise
our AMOC approval process. In some
ADs, we have authorized the BDCO to
approve AMOCs for certain structural
repairs of cracking that are found during
routine maintenance or inspections.
These repairs warrant ‘‘routine’’
handling. However, we consider the
required AN–26 replacement to be
complex in nature, and there are
potential new and novel approaches for
compliance. It is crucial that the FAA be
aware of all modifications made to AN–
26. It is essential that we have feedback
as to the type of modifications being
made. Given that possible new relevant
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issues might be revealed during this
process, it is imperative that we have
such feedback. We can be assured of
this feedback and of the adequacy of the
modification methods only by reviewing
the modification proposals.
We have determined that
standardization and continuity of
modification approvals can best be
maintained by having one single point
of approval for all AMOCs to the
requirements of this AD. Since the
Manager, Seattle ACO, is accountable
for the primary oversight for the actions
regarding this AD, it is appropriate to
establish and maintain this single point
of approval. We have made no change
to the AD in response to these
comments.
Exclude Certain Areas From
Requirement To Replace AN–26
ABX, Boeing, DHL, Florida West
International Airways, Lufthansa, and
NWA request that paragraph (g) of the
NPRM include a provision to exclude
areas (i.e., electrical equipment bay,
flight deck, adjacent areas, and certain
areas behind the smoke barrier) that can
be isolated and contained and thus pose
a limited fire risk.
Some commenters state that removal
of structure or systems to gain access to
certain areas may be more detrimental
to safety of the airplane. Two
commenters also state that some areas
containing AN–26 are not accessible
after original installation. In addition,
the commenters state that their
suggested provision will provide for
efficient implementation methods and
will allow compliance with the NPRM
for the entire airplane.
We do not agree with these
commenters’ rationale to include a
provision in paragraph (g) of this AD to
exclude certain areas of the airplane. We
have evaluated the areas to which the
commenters refers and have determined
that such areas are accessible. We do
acknowledge that certain areas may be
easier to access when a major
maintenance activity is also occurring in
these areas. Proper planning as to the
time of blanket replacement to coincide
with other major maintenance work,
development of proper procedures, and
training of maintenance technicians and
inspectors will minimize the chance of
causing damage to wires or other
systems. We will require any operator/
modifier that develops its own
installation data to include specific
instructions to ensure that any
displaced wires, systems, and
installations are in an airworthy
condition after doing the required
replacement.
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We are not aware of any specific
locations on the affected aircraft where
AN–26 cannot be accessed after original
installation. If there are certain areas
that are completely inaccessible, we
may consider proposals for AMOCs, in
accordance with paragraph (i) of this
AD, which include appropriate
substantiating data.
Boeing proposes to exclude certain
areas up to 20 square feet and has
provided test and in-service data
intended to support its request. Boeing
proposes that an equivalent area to the
‘‘foam block’’ be defined to allow
exempt areas. Boeing notes that the
‘‘foam block’’ is defined by the FAA
Technical Center as a realistic in-service
fire threat taking into account materials
and contamination. Boeing states that
the crown test with the ‘‘foam block’’ is
used by the FAA to determine
acceptable flame propagation
performance. In addition, Boeing states
that the heat released from AN–26 film
up to 20 square feet is equivalent to the
heat released from a polyurethane foam
block.
We do not agree with Boeing that it
is appropriate to determine an
acceptable amount of square footage of
insulation blankets constructed of AN–
26 based on the size of the Heptanesoaked ‘‘foam block’’ used during FAA
tests. The ‘‘foam block’’ was established
as an appropriate ignition source when
doing intermediate and full-scale tests
and the resultant development of a
suitable test standard capable of
evaluating improved thermal/acoustic
insulation materials (i.e., 14 CFR part
25, Appendix F, Part VI), but does not
constitute a standard for an acceptable
area of AN–26. We do not agree that
heat release characteristics of the ‘‘foam
block’’ can be translated to an
acceptable area of AN–26. Insulation
blankets constructed of AN–26, even in
limited amounts, may be ignited via a
small ignition source and may propagate
flames to other nearby materials and
potentially lead to a catastrophic event.
We do not agree that the data,
submitted by Boeing, to exclude certain
areas (i.e., electrical equipment bay,
flight deck, and adjacent areas) up to 20
square feet of AN–26 support its
conclusion that leaving AN–26 in place
in those areas provides an acceptable
level of safety. Those areas are located
where potential ignition sources are
likely to exist and thus are susceptible
to the identified unsafe condition of this
AD. We have determined that the data
submitted by Boeing and the tests done
by the FAA Technical Center support
our conclusion that AN–26 is
susceptible to ignition and propagation,
and has an unacceptable ignition and
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flame propagation behavior. This AD is
intended to eliminate initiation and
propagation of an AN–26 fire in areas
containing critical equipment where the
consequence of a fire would be severe.
ABX states that the NPRM does not
have any supporting data to justify total
replacement of insulation blankets
constructed of AN–26. Based on data it
has collected from the Service Difficulty
Report (SDR) database, ABX concludes
that there is no safety benefit to
replacing insulation blankets
constructed of AN–26 in areas that have
no or minimal ignition sources.
We do not agree with ABX that there
are no data to support replacing
insulation blankets constructed of AN–
26 in the entire airplane. There are
several incidents as cited in the NPRM
that clearly show the involvement of
AN–26 in fire propagation. In addition,
we have conducted testing that shows
that AN–26 can propagate a fire under
realistic conditions, and therefore even
materials not near an ignition source
can become involved. While we agree
that the SDR database does not in itself
contain this information, we do, in fact,
have sufficient information to conclude
that AN–26 throughout the airplane
represents an unsafe condition. We have
also received a report of burned
insulation blankets initiated by chafed
wires and a resultant electrical arc
which was discovered by maintenance
personnel. In addition, potential
ignition sources exist throughout the
airplane and insulation blankets
constructed of AN–26 are located
throughout the airplane. As discussed
previously, we have determined that
insulation blankets constructed of AN–
26 in all areas of the affected airplanes
must be replaced, unless specific
justification for an AMOC is provided.
Lufthansa states that the MPET ADs
excluded areas with lower levels of risk
for ignition sources.
We find that clarification is necessary.
The MPET ADs do not exclude any
areas because of perceived lower levels
of risk for ignition sources. The
preamble of the MPET ADs states that
‘‘MPET insulation blankets in all areas
of the affected airplanes must be
addressed.’’ It also states that
‘‘ * * * most [affected airplanes] do not
have MPET insulation blankets in the
nose section of the airplane. Also, a
number of airplanes do not have MPET
insulation blankets in the fuselage, but
have MPET insulation blankets only on
the air conditioning ducting.’’ As such,
the service information referenced in
the MPET ADs identifies certain areas
where MPET is not installed, and
therefore, those areas are not subject to
corrective action. Boeing does not
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include this specific provision in
service information for AN–26, as AN–
26 is installed throughout the affected
Boeing airplanes. However, we are
aware that a number of AMOCs to the
MPET ADs, excluding certain areas from
replacement, have been approved. For
this AD, we have accepted specific
exclusion areas, which are identified in
the applicable special attention service
bulletin described previously for Model
747 and 767 airplanes.
While some of the commenter’s
proposals to exclude areas of
replacement were accompanied by
general rationale, the identification of
risk mitigating factors and exclusionary
details were not specific enough to
enable us to approve such proposals
other than those identified in the special
attention service bulletins. However, we
may approve requests for an AMOC
under the provisions of paragraph (i) of
this AD if operators can show that
leaving AN–26 in place is acceptable
because other design features prevent
ignition and/or propagation of a fire in
the specific area requested. Any request
to leave AN–26 installed in an airplane
must provide justification that the
identified unsafe condition has been
mitigated, and that an acceptable level
of safety is maintained.
Requests to Delete, Revise, or Limit
Parts Installation Requirements
ABX, ATA, BA, Boeing, Champion
Air, Continental, DHL, IATA, Lufthansa,
NWA, and US Airways request that
paragraph (h) of the NPRM be deleted or
revised for various reasons.
In summary, the commenters state
that a requirement to replace insulation
blankets constructed of AN–26 that have
been removed in a piecemeal fashion
would have very little overall safety
benefit and would create a significant
burden on immediate maintenance
actions. In addition, the commenters
state that the replacement process
should be consistent with the
flammability requirements to minimize
the impact with airline maintenance
processes. They note that we similarly
addressed the replacement issue in 14
CFR 25.856 and this existing
replacement requirement is sufficient
and will apply to in-service airplanes
affected by the NPRM.
We partially agree with the
commenters’ requests. We do not agree
that paragraph (h) should be deleted. As
stated in the preamble of the NPRM,
some international civil aviation
authorities have not adopted regulations
similar to 14 CFR 91.613(b)(1),
121.312(e)(1), 125.113(c)(1), and
135.170(c)(1) to prohibit insulation
blankets constructed of AN–26 from
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66503
being installed after a certain date.
Therefore, we have determined that
paragraph (h) of this AD is necessary to
inform the international civil aviation
authorities of the need to prevent that
installation.
However, we do agree to revise
paragraph (h)(1) (reidentified as
paragraph (h) of this final rule) to
eliminate confusion with the regulations
noted previously by the commenters.
We have revised paragraph (h) of the AD
to clarify that insulation blankets
constructed of AN–26 may not be
installed ‘‘as a replacement’’ unless they
have been modified to meet the flame
propagation requirements of 14 CFR
25.856(a).
In addition, we do agree with the
commenters that the proposed
conditions for reinstallation of
insulation in paragraph (h)(2) would
create an undue burden on operators
because, as mentioned by some of the
commenters, not all removals of
insulation blankets are done at a heavy
maintenance visit with the necessary
replacement materials available. This
may cause unnecessary downtime of
airplanes to allow for fabrication and
installation of the applicable insulation
blanket. In consideration of the
comments provided on this issue, we
have deleted paragraph (h)(2) of the
NPRM.
Issue Special Airworthiness
Information Bulletin (SAIB)
Boeing requests that we issue a SAIB
to inform industry about mitigation
approaches for material susceptible to
contamination. Boeing suggests that the
SAIB reflect certain risks identified in
its data and emphasize replacement of
significantly contaminated blankets.
We partially agree. We acknowledge
that providing information to reduce
contamination of insulation blankets in
general is needed. However, this
information has been provided in FSAW
00–09, as described previously.
Therefore, we have determined that no
SAIB specific to AN–26 is necessary.
Clarification of Compliance Language
We have slightly revised the wording
in paragraph (c)(1) of this AD to reflect
currently used compliance language.
That is, we have replaced the reference
to ‘‘an original Airworthiness
Certificate’’ with a reference to ‘‘an
original standard Airworthiness
Certificate.’’
Clarification of Unsafe Condition
We have revised the unsafe condition
in this AD to state, ‘‘Such insulation
blankets could ignite and propagate a
fire that is the result of electrical arcing
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or sparking.’’ We find that including the
word ‘‘ignite’’ further clarifies the
unsafe condition of this AD.
Costs of Compliance
This final cost analysis incorporates
industry’s comments, updated fleet
data, and a changed assumption on the
future fleet service. This AD affects 669
U.S. registered airplanes (Back Aviation
Solutions, Fleet iNET database, January
5, 2007), 41 of which are foreign
operated. We estimate compliance cost
for the 628 U.S. operated and registered
airplanes only. The number of airplanes
is reduced from those in the NPRM
because of airplane retirements or
changes from U.S. to foreign operation.
A substantial decrease in estimated cost
results from the net change of increasing
parts and labor cost, but reduced
number of airplanes, and a changed
assumption of service for the future
fleet.
Boeing commented to the docket that
nonrecurring engineering design costs of
defining new blanket parts and defining
removal and replacement kits were not
accounted for in the NPRM. Across the
five major models addressed in this AD,
Boeing estimates 40,000 part numbers
would need to be redefined and
replaced. Boeing estimates a minimum
of eight hours/part to account for the
required engineering, planning,
procurement, tooling, and changes in
‘‘Instructions for Continued
Airworthiness.’’ ATA also noted nonrecurring engineering costs should be
accounted for and estimated material
costs would be over twice the estimates
given in the NPRM. UPS commented
that the parts costs for a 757–200PF
would be approximately triple the
estimate given in the NPRM. In response
to these comments, we revised estimates
of material cost for all affected airplanes
and increased our original estimates by
9.7%. More importantly, to account for
non-recurring engineering costs, we
then doubled our revised parts cost
estimates. This results in an estimate of
$30.4 million for non-recurring
engineering costs (average of $48,392
per airplane times 628 airplanes). If we
estimate the engineering wage rate at
$100 per hour, this is close to the value
of Boeing’s estimate of non-recurring
engineering costs: 40,000 × 8 × $100 =
$32 million, or $50,955 per airplane.
UPS commented that our labor hour
estimate was too low for Model 757–
200PF airplanes, but ATA commented
that our estimates of labor hours were
consistent with operator experience
with the MPET ADs. Accordingly, we
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have not changed our labor hour
estimates. ATA estimated labor rates
would be up to 30 percent higher than
the $65 hourly rate given in the NPRM
for this final rule. We increased our
wage rate estimate to $80 an hour.
FedEx noted that the NPRM did not take
into consideration additional out-ofservice maintenance time necessary for
compliance. ATA provided an estimate
of an average of 3.6 days of out-ofservice time per airplane and also a cost
estimate for out-of-service time. We
accept ATA’s estimate of 3.6 days of
out-of-service time per airplane. We
estimate out-of-service cost as the
opportunity cost of capital: Airplane
value 2 × Proportion of a year the
airplane is out of service (3.6/365) ×
Productive return on capital (0.07).3
The NPRM overestimated compliance
cost by not taking into account the fact
that passenger airplanes eventually will
be retired from passenger service. This
omission was particularly
consequential, as the affected airplanes
are old, having been delivered into
service over the period July 1981 to
December 1989. As of January 1, 2009,
the youngest airplane in the AD fleet
will be 20 years old. Historically, on
average airplanes leave passenger
service at 25 years, either directly into
retirement or for conversion into cargo
service. For the purposes of this
analysis, we convert all passenger
airplanes into cargo airplanes at 25
years. This conversion to cargo service
greatly reduces the estimated cost of the
AD as our estimate of the direct material
and labor costs for cargo airplanes is just
40% of those costs for passenger
airplanes. Still, this cost estimate is
substantially higher than assuming the
airplanes retire at 25 years of service.
Given the eight-year compliance period
for the final rule, all passenger airplanes
in the AD fleet will reach 25 years of
passenger service at most three years
prior to the end of the compliance
period, at which time we assume they
will be converted into cargo service.
In the table, ‘‘Cost of compliance,’’ the
NPRM cost estimates are modified and
expanded in accordance with the above
discussion. ‘‘Labor hours per airplane’’
is unchanged, but ‘‘Labor cost per
airplane’’ increases because of the
increase in the labor hourly rate from
2 Airliner
Price Guide, vol. 57, January 2006.
7% return on capital is required by the Office
of Management & Budget. See OMB, Circular A–94,
‘‘Guidelines and Discount Rates for Benefit-Cost
Analysis of Federal Programs’’, October, 29, 1992,
p. 8 (https://www.whitehouse.gov/omb/circulars/
index.html).
3A
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$65 to $80. ‘‘Parts cost per airplane’’ has
been increased by 9.7% to reflect
increased material cost. ‘‘Labor costs per
airplane’’ and ‘‘Parts costs per airplane’’
are summed to obtain the column of
‘‘Total remove & replace cost per
airplane.’’ This cost is multiplied by the
number of airplanes 4 to obtain ‘‘U.S.
fleet remove & replace cost.’’ ‘‘Out-ofservice cost per airplane’’ 5 is calculated
as an opportunity cost of capital and
multiplied by the number of airplanes to
obtain the following column of ‘‘Total
out-of-service cost.’’ ‘‘Total out-ofservice cost’’ added to ‘‘Total remove &
replace cost per airplane’’ equals ‘‘Total
Cost.’’ Since we have no information on
these maintenance schedules by
operator or airplane model, we assume
that an equal number of the affected
airplanes will undergo heavy
maintenance at the end of each of the
eight years from the effective date of the
AD.6 Accordingly, we calculate ‘‘Present
Value Total Cost’’ in the table by
discounting ‘‘Total Cost’’ by the average
(0.7464) of the 7% discount factors for
one through eight years.7 As noted
earlier in the preamble, compliance time
was increased to 8 years to more closely
agree with operators’ heavy
maintenance schedules.
We estimate the total cost of the final
rule to be about $177.7 million, with a
present value of about $140.8 million.
The $177.7 million total cost is 53
percent of the $334.1 million total cost
estimated in the NPRM. Thus, even
though our estimated labor rate has
increased by 23.1% and we have more
than doubled our estimates of parts cost,
our estimate of total cost is much lower
because of a reduction in the number of
affected airplanes and, most
importantly, because of the much lower
AD costs for cargo airplanes compared
to passenger airplanes.8
4 Back Aviation Solutions, Fleet iNET database,
January 5, 2007.
5 For the 767–200 freighter category, airplane
values were not available for 26 airplanes.
Accordingly, out-of-service cost per airplane was
estimated using airplane values for the remaining
16 airplanes in the category.
6 This assumption is largely consistent with
passenger airplanes complying later in the
compliance period than cargo airplanes in order to
extend their lives in passenger service to 25 years.
7 OMB, Circular A–94, p. 8.
8 The cost of the rule may be somewhat lower
than estimated to the extent that airplanes go
directly into retirement at age 25 rather than
converting to cargo service as assumed here.
Moreover, even if an old airplane is not due for
retirement, the operator will still retire if more
economical than compliance, in which case the
costs of the rule will also be less than assumed here.
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Total/weighted average ................
727–200 (& variants) ...........................
737–200, 737–200C, 737–300, 737–
400 (& variants) ...............................
747–100, 747–200, 747–300, 747–
400, 747SR, 747SP (& variants) .....
757–200 (& variants) ...........................
767–200 and 767–300 (& variants) .....
Model
dwashington3 on PRODPC61 with RULES
2,238
wt. ave.
179,054
wt. ave.
474,640
180,480
258,880
118,640
1,483
5,933
2,256
3,236
$129,440
Labor cost
per airplane
1,618
Mechanic
hours per
airplane
96,785
wt. ave.
256,542
97,544
139,932
64,136
$69,966
Parts cost
per airplane
275,839
wt. ave.
731,182
278,024
398,812
182,776
$199,406
Total remove & replace cost
per AP
628
total
42
120
108
319
39
Number
of APs
Remove and replace parts & labor cost
173,226,598
total
30,709,644
33,362,880
43,071,696
58,305,544
$7,776,834
U.S. fleet
remove &
replace cost
TABLE—COST OF COMPLIANCE
4,607
wt. ave.
7,414
5,946
6,636
3,444
$1,354
Out-ofservice
cost per
AP
2,893,050
total
311,382
713,491
716,702
1,098,651
$52,823
Total outof-service
cost
Out-of-service cost
176,119,648
total
31,021,026
34,076,371
43,788,398
59,404,195
$7,829,657
Total cost
131,457,874
total
23,154,476
25,435,023
32,684,199
44,340,023
$5,844,153
Present
value total
cost
280,445
wt. ave.
738,596
283,970
405,448
186,220
$200,760
Total cost
per AP
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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Rules and Regulations
Explanation of Change to Paragraph
(f)(1) of This AD
We have revised paragraph (f)(1) of
this AD to remove reference to the
‘‘applicable maintenance manual
procedures.’’ Instead, paragraph (f)(1) of
this AD specifies to ‘‘Remove all
insulation blankets from the pressurized
areas of the fuselage and install new
insulation blankets using a method
approved by the Manager, Seattle
Aircraft Certification Office (ACO),
FAA.’’ Operators should note that while
their existing maintenance manuals
should be sufficient for accomplishing
the actions required by paragraph (f)(1)
of this AD, they must contact the
Manager, Seattle ACO, for information
regarding approval of these procedures
for compliance with paragraph (f)(1) of
this AD.
Conclusion
We have carefully reviewed the
available data, including the comments
received, and determined that air safety
and the public interest require adopting
the AD with the changes described
previously. We have determined that
these changes will neither increase the
economic burden on any operator nor
increase the scope of the AD.
dwashington3 on PRODPC61 with RULES
Final Regulatory Flexibility Analysis
A. Introduction and Purpose of This
Analysis
The Regulatory Flexibility Act of 1980
(Pub. L. 96–354) (RFA) establishes ‘‘as a
principle of regulatory issuance that
agencies shall endeavor, consistent with
the objectives of the rule and of
applicable statutes, to fit regulatory and
informational requirements to the scale
of the businesses, organizations, and
governmental jurisdictions subject to
regulation.’’ To achieve this principle,
the RFA requires agencies to solicit and
consider flexible regulatory proposals
and to explain the rationale for their
actions to assure that such proposals are
seriously considered. The RFA covers a
wide-range of small entities, including
small businesses, not-for-profit
organizations, and small governmental
jurisdictions.
Agencies must perform a review to
determine whether a rule will have a
significant economic impact on a
substantial number of small entities. If
the agency determines that it will, the
agency must prepare a regulatory
flexibility analysis as described in the
RFA.
We determined that this final rule
will have a significant economic impact
on a substantial number of small entities
and, accordingly, as required by section
603(a) of the RFA, we prepared and
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published an initial regulatory
flexibility analysis (IRFA) as part of the
NPRM for this final rule (70 FR 16986,
April 4, 2005). Section 604 of the RFA
also requires an agency to publish a
final regulatory flexibility analysis
(FRFA) in the Federal Register when
issuing a final rule. Section 604(a)
requires that each final regulatory
flexibility analysis contain:
• A succinct statement of the need
for, and objectives of, the rule;
• A summary of the significant issues
raised by the public comments in
response to the IRFA, a summary of
agency’s assessment of such issues, and
a statement of any changes made to the
NPRM resulting from such comments;
• A description of and an estimate of
the number of small entities for which
the final rule will apply;
• A description of the projected
reporting, recordkeeping and other
compliance requirements of the final
rule, including an estimate of the classes
of small entities which will be subject
to the requirement and the type of
professional skills necessary for
preparation of the report or record; and
• A description of the steps the
agency has taken to minimize the
significant economic impact on small
entities consistent with the stated
objectives of applicable statutes,
including a statement of the factual,
policy, and legal reasons for selecting
the alternative adopted in the final rule
and why each one of the other
significant alternatives to the final rule
considered by the agency which affect
the impact on small entities was
rejected.
B. Need for and Objectives of the Final
Rule
We are mandating a new AD for
certain Boeing transport category
airplanes. The AD will require air
operators to remove and replace
insulation blankets made of AN–26 with
new insulation blankets. The AD is
prompted by reports of in-flight and
ground fires on certain airplanes
manufactured with insulation blankets
covered with AN–26. Following the
reports of in-flight and ground fires, the
airplane manufacturer and the FAA
undertook extensive investigations and
flammability tests. Even though AN–26
met the certification standards in 1981,
the results of these flammability tests
showed that AN–26 will propagate a fire
when subjected to electrical arcing and
sparks.
We are issuing this AD to ensure that
operators remove insulation blankets
made of AN–26 from the fuselage. We
previously issued similar ADs on
another insulation material that affected
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Sfmt 4700
certain McDonnell Douglas and
Aerospatiale model airplanes.
C.1.A. Summary of the Significant
Issues Raised by the Public Comments
in Response to the IRFA, a Summary of
the Assessment of the Agency of Such
Issues, and a Statement of Any Changes
Made to the NPRM Resulting From Such
Comments
C.2.A. Description of the Steps the
Agency Has Taken To Minimize a
Significant Economic Impact on Small
Entities and Why Other Significant
Alternatives to the Final Rule That
Affect Small Entities Were Rejected
There were no responses to the IRFA,
but there were many comments to the
NPRM itself, which have relevance for
small and large entities alike. In
response to these comments, the FAA
made major changes to the NPRM that
significantly reduced the economic
impact on the affected firms.
Twelve commenters, including one
small firm (included in our data
analysis below), requested we extend
the compliance time from the proposed
6 years to 8 to 12 years, some noting that
an increased compliance time would
more closely correspond to heavy
maintenance schedules (when all
insulation blankets are removed). As
discussed in the preamble to the final
rule, we have increased the compliance
time to 8 years. This reduces the
economic impact of the final rule in two
ways. First, it increases the likelihood
that a firm will be able to comply with
the final rule at the time of a scheduled
heavy maintenance check, thereby
minimizing out-of-service time. Second,
it allows the average firm to delay
compliance, thereby reducing the
discounted cost of the final rule. If we
maintain our assumption that an equal
number of firms will undergo heavy
maintenance in each year of the
compliance period, then an increase in
the compliance period reduces the
average present-value discount factor
from 0.8468 to the 0.7464 used in our
analysis, thereby reducing the present
value cost of the final rule by
(.8468¥.7464)/.8468 = 11.1%.
Paragraph (h)(2) of the NPRM
proposed that any insulation blanket
removed within six months of the final
rule’s effective date could not be
reinstalled unless it was compliant with
the safety standards of this final rule.
Several commenters stated that this
provision was impractical and imposed
an undue burden. In particular, the
small firm noted that:
‘‘* * * as a supplemental carrier, our
aircraft frequently operate away from a
maintenance base for extended periods. The
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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Rules and Regulations
requirements of paragraph (h)(2) could
generate significant out of service time if a
blanket has to be removed while the aircraft
is away from base since a replacement
blanket would not be readily available.’’
As discussed in the preamble to the
final rule, we agree with the
commenters that the reinstallation
provision would impose an undue
burden. We have deleted paragraph
(h)(2) of the NPRM.
The FAA believes there are no
currently available additional
alternatives to the final rule that would
allow the safety objectives of the final
rule to be achieved.
For a complete summary of public
comments and our responses, please see
the preamble to the final rule.
D. A Description of and an Estimate of
the Number of Small Entities for Which
the Final Rule Will Apply
To estimate the number of small
entities, we first identified all U.S.-
operated affected civilian airplanes from
a commercial fleet data provider (BACK
Aviation Solutions, Fleet-iNET
database, November 20, 2006). Using
information provided by company Web
sites and other Internet sources, we
removed large commercial operators
and commercial operators that are
subsidiaries of firms larger than the
Small Business Administration (SBA)
size standard for the North American
Industry Classification System (NAICS)
industry in question.9 For example, for
Atlas Air, Inc., the number of employees
is 1220—below the 1500 employee
threshold for the NAICS air
transportation industries, in one of
which it operates (‘‘Nonscheduled
Chartered Freight Air Transportation’’).
Atlas Air, however, is a subsidiary of
Atlas Air Worldwide Holdings (AAWH),
which has 2007 employees.10 As 2007
employees exceed the SBA threshold,
66507
we did not include Atlas Air as a small
entity.
Following this process, we ended up
with 45 firms. From information on firm
Web sites or from other Internet sources,
we were able to classify most of these
45 firms by NAICS industry. For 15
firms, which constitute most of the
firms classified in four NAICS air
transportation industries (see table,
‘‘Possible small firm operators affected
by the final rule by NAICS industry’’),
we were able to find employment data
showing that they were small by the
SBA size standard for these industries
(upper bound of 1500 employees).
Although we have no size evidence for
the remaining 30 firms, we suspect that
many are small by SBA size standards.
We believe a substantial number of
small entities, in particular economic
activities, are affected by this final rule.
TABLE—POSSIBLE SMALL FIRM OPERATORS AFFECTED BY THE FINAL RULE BY NAICS INDUSTRY
Number
APs
dwashington3 on PRODPC61 with RULES
Operator
Aviation Technologies Inc. (PA–USA) ............
Ameristar Jet Charter Inc ................................
Maxjet Airways ................................................
Ryan International Airlines ..............................
Sierra Pacific Airlines ......................................
Kitty Hawk Aircargo .........................................
Northern Air Cargo ..........................................
Champion Air ..................................................
Gold Transportation Inc ..................................
Omega Air Holdings DBA Focus Air ...............
Pace Airlines ...................................................
Sky King Inc. (CA–USA) .................................
Vision Airlines ..................................................
Wedge Aviation Inc .........................................
Astar Air Cargo ...............................................
Capital Cargo International Airlines ................
Cargo 360 .......................................................
Cargo Aircraft Management (all entries) .........
Evergreen International Airlines ......................
Kalitta Air .........................................................
Southern Air (CT–USA) ..................................
Tradewinds Airlines (NC–USA) .......................
Celtic Capital Corporation (all entries) ............
Aerolease Financial Group Inc. (all entries) ...
Aeroturbine Inc. (all entries) ............................
Automatic LLC (all entries) .............................
Aventura Aviation LLC (all entries) .................
Echelon International Corporation ..................
First Chicago Leasing Corporation (all entries).
GA Telesis LLC ...............................................
JT Power LLC (all entries) ..............................
Pegasus Capital Corporation (all entries) .......
Nomads Inc. ....................................................
NBA Orlando Magic ........................................
A & W Aeronautics Services Inc. ....................
AA 767 LLC .....................................................
Apollo Aviation Capital LLC (all entries) .........
9 U.S. Small Business Administration. Table of
Small Business Size Standards Matched to North
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Jkt 217001
Number
of
employees
NAICS industry
1
2
3
2
1
3
4
5
1
3
4
2
1
1
6
3
3
5
3
3
4
1
3
1
1
1
2
1
1
................
160
................
649
32
201
225
739
................
151
549
75
................
................
1023
188
................
................
394
786
179
263
................
................
................
................
................
................
................
336413—Oth. A/C Part & Auxiliary Equip. Man.
481111—Scheduled Passenger Air Transportation.
481111—Scheduled Passenger Air Transportation.
481111—Scheduled Passenger Air Transportation.
481111—Scheduled Passenger Air Transportation.
481112—Scheduled Freight Air Transportation.
481112—Scheduled Freight Air Transportation.
481211–Nonscheduled Chartered Passenger Air Transp.
481211–Nonscheduled Chartered Passenger Air Transp.
481211–Nonscheduled Chartered Passenger Air Transp.
481211–Nonscheduled Chartered Passenger Air Transp.
481211–Nonscheduled Chartered Passenger Air Transp.
481211–Nonscheduled Chartered Passenger Air Transp.
481211–Nonscheduled Chartered Passenger Air Transp.
481212–Nonscheduled Chartered Freight Air Transp.
481212–Nonscheduled Chartered Freight Air Transp.
481212–Nonscheduled Chartered Freight Air Transp.
481212–Nonscheduled Chartered Freight Air Transp.
481212–Nonscheduled Chartered Freight Air Transp.
481212–Nonscheduled Chartered Freight Air Transp.
481212–Nonscheduled Chartered Freight Air Transp.
481212–Nonscheduled Chartered Freight Air Transp.
522298—All Other Non-Depository Credit Intermediation.
532411—Comm’l Air . . . Transp. Equip. Rental & Leasing.
532411—Comm’l Air . . . Transp. Equip. Rental & Leasing.
532411—Comm’l Air . . . Transp. Equip. Rental & Leasing.
532411—Comm’l Air . . . Transp. Equip. Rental & Leasing.
532411—Comm’l Air . . . Transp. Equip. Rental & Leasing.
532411—Comm’l Air . . . Transp. Equip. Rental & Leasing.
2
2
5
1
1
1
1
1
................
................
................
................
................
532411—Comm’l Air . . . Transp. Equip. Rental & Leasing.
532411—Comm’l Air . . . Transp. Equip. Rental & Leasing.
532411—Comm’l Air . . . Transp. Equip. Rental & Leasing.
561520—Tour Operators.
711211—Sports Teams and Clubs.
American Industry Classification System Codes,
July 21, 2006.
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10 The employment figures for Atlas Air and
AAWH are for 2005.
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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Rules and Regulations
TABLE—POSSIBLE SMALL FIRM OPERATORS AFFECTED BY THE FINAL RULE BY NAICS INDUSTRY—Continued
Number
APs
Operator
Aviation Finance Group LLC ...........................
BCM Majestic Corporation ..............................
Blackwater USA LLC (all entries) ...................
IDM Aviation Services LLC (all entries) ..........
Jet Partners LLC (NY–USA) ...........................
Leading Edge Group LLC ...............................
RPK Capital Management Group LLC (all entries).
WP Supply Corporation ..................................
NAICS industry
1
1
1
1
3
2
1
Total .........................................................
Number
of
employees
96
1
Sources: 1. List of firms & number of affected airplanes—Back Aviation Solutions, Fleet iNET database, November, 20, 2006. 2. Employment
data—Ameristar Jet Charter, https://www.ameristar.com; Kalitta Air & Southern Air: https://www.transtat.bts.gov, Air Carrier Financial Reports (Form
41 Financial Data), Schedule P10. All others—https://www.bts.gov/Programs, Airline Date and Statistics, Number of Employees, Certified Air Carriers (Full-time and Part-time).
impact on the substantial number of
small firms we have identified above.
That impact is documented and
analyzed below.
E. Reporting, Recordkeeping, and Other
Compliance Requirements
We expect that small entities will
incur little or no new reporting and
recordkeeping requirements as a result
of this final rule. Boeing will incur
substantial reporting and recordkeeping
costs, but is not a small entity.
This AD will require compliance from
operators of large commercial transport
category Boeing Model 727, 737, 747,
757, and 767 airplanes having an
original standard Airworthiness
Certificate or original Export Certificate
of Airworthiness issued between July
1981 and December 1988 inclusive. The
AD also applies to five specific Boeing
Model 747–400 airplanes delivered in
1989.11
The AD requires that operators of
affected Boeing airplanes replace
insulation blankets made of AN–26 with
new insulation blankets complying with
14 CFR part 25.856(a). As shown in the
‘‘Cost of Compliance’’ section of the
final rule, this operation requires
thousands of labor hours and,
consequently, is an expensive operation
that will have a significant economic
1. Economic Impact on Small Operators
Assessed With Financial Data
In our analysis of the economic
impact of the final rule on small
entities, we were restricted to 14 of the
45 potential small entities owing to the
availability of Department of
Transportation financial data for air
transportation operators. These
operators are 14 (of the 15) operators
identified in table, ‘‘Small firm
operators affected by the final rule by
NAICS industry,’’ as small entities
based on employment. We first
incorporate into the analysis the final
rule’s 8-year compliance time, a period
specified to closely agree with airplane
heavy maintenance schedules. Since we
have no information on these
maintenance schedules by operator or
airplane model, we assume that an
equal number of affected airplanes will
undergo heavy maintenance at the end
of each of the eight years from the
effective date of the final rule.12
Accordingly, we calculate the variable
‘‘Present Value AD Cost’’ in the table by
discounting ‘‘AD Cost’’ 13 by the average
(0.7464) of the 7% discount factors for
one through eight years.14 As we noted
previously, we reduced the economic
impact of the final rule by extending the
compliance time from six to eight years.
That reduced impact is reflected here in
a lower Present Value AD Cost.
The last column of table, ‘‘Financial
data by small operator for assessing the
economic impact of the final rule,’’
shows that Present Value AD Cost as a
percentage of Operating Revenues is 1%
or greater for 8 of the 14 operators (and
as high as 13.1%). The median impact
is 1.0% of Operating Revenues. We sort
the table by Operating Revenue to
demonstrate the economic impact tends
to be higher for the smallest of the small
operators. We should note that these
percentages do not represent a
continuous impact on operating
revenues. Rather, they measure the
economic impact of the final rule as a
one-time capital cost relative to the
financial size of the operators.
TABLE—FINANCIAL DATA BY SMALL OPERATOR FOR ASSESSING THE ECONOMIC IMPACT OF THE FINAL RULE
dwashington3 on PRODPC61 with RULES
Airline
Type
Kitty Hawk Aircargo .......................................
Omega Air Holdings dba Focus Air ...............
Sierra Pacific Airlines .....................................
Sky King Inc ...................................................
Northern Air Cargo Inc ...................................
11 Boeing Model 747–400 airplanes with serial
numbers 23719, 23720, 23814, 23816–23820, 23999,
24061, and 24062.
12 As noted in the ‘‘Cost of Compliance’’ section
of this rule, this assumption is largely consistent
with passenger airplanes complying later in the
VerDate Aug<31>2005
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Jkt 217001
Employment 1
C
C
P
P
C
Op. Revenue
($ 000) 2
201
151
32
75
225
3,799
12,634
12,967
18,535
45,440
compliance period than cargo airplanes in order to
extend their lives in passenger service to 25 years.
13 AD Cost is for the affected fleet of each operator
and is calculated using cost per airplane from the
‘‘Costs of Compliance’’ section.
PO 00000
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Fmt 4700
Sfmt 4700
AD cost 3
558,660
2,215,788
186,220
372,440
744,880
Present value
AD cost
($)
416,991
1,653,891
138,997
277,994
555,988
PV AD cost/
operating
revenue
(percent)
11.0
13.1
1.1
1.5
1.2
14 A 7% discount rate is required by the Office
of Management & Budget. See OMB, Circular A–94,
‘‘Guidelines and Discount Rates for Benefit-Cost
Analysis of Federal Programs’’, October, 29, 1992,
p. 8 (https://www.whitehouse.gov/omb/circulars/
index.html).
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TABLE—FINANCIAL DATA BY SMALL OPERATOR FOR ASSESSING THE ECONOMIC IMPACT OF THE FINAL RULE—Continued
Airline
Type
Capital Cargo International ............................
Pace Airlines ..................................................
Southern Air Inc .............................................
Tradewinds Airlines ........................................
Champion Air .................................................
Ryan International Airlines .............................
Astar Air Cargo Inc ........................................
Kalitta Air LLC ................................................
Evergreen Int’l Inc ..........................................
Employment 1
C
P
C
C
P
P
C
C
C
Op. Revenue
($ 000) 2
AD cost 3
Present value
AD cost
($)
188
549
179
263
739
649
1023
786
394
46,913
57,160
59,614
60,848
142,301
157,888
331,929
372,546
392,103
602,281
842,630
2,954,383
738,596
1,003,802
567,940
1,204,563
2,215,788
2,215,788
449,550
628,949
2,205,188
551,297
749,250
423,917
899,100
1,653,891
1,653,891
........................
1,714,676
Total
16,423,758
Total
12,258,895
Total
PV AD cost/
operating
revenue
(percent)
1.0
1.1
3.7
0.9
0.5
0.3
0.3
0.4
0.4
1.0
Median
1 Employment
data is for 2005.
Revenue is the average for 2003–2005, but for Omega Air Holdings is the 2005 value only.
Cost is for the affected fleet of each operator and is calculated using cost per airplane from the ‘‘Costs of Compliance’’ section of this final
rule. See table, ‘‘The cost of the final rule relative to the value of the affected fleet by operator.’’
Note: The discount factor for AD Cost is 0.7464, the average of the 7% discount factors for Years 1 through 8 from the effective date of the
AD.
Sources: 1. Employment data—Kalitta Air & Southern Air: https://www.transtat.bts.gov, Air Carrier Financial Reports (Form 41 Financial Data),
Schedule P10. All others—https://www.bts.gov/Programs, Airline Date and Statistics, Number of Employees, Certified Air Carriers (Full-time and
Part-time). 2. Operating Revenue—https://www.transtat.bts.gov, Air Carrier Financial Reports (Form 41 Financial Data), Schedules P1.1 & P1.2.
2 Op.
3 AD
2. Economic Impact on Small Operators
Assessed With Affected Fleet Values
Since, as noted previously, the costs
of this final rule occur as a one-time
capital cost, another way to assess the
economic impact of the final rule is to
measure the costs of the final rule
relative to the capital value of the
airplanes the final rule affects. Table,
‘‘The cost of the final rule relative to the
value of the affected fleet by operator,’’
lists the 14 operators, the number of
affected airplanes, AD Cost per airplane,
Total AD Cost, and Affected Fleet Value.
The key variable in that table is Affected
Fleet Value, which sums affected
airplane values for each operator. These
values were obtained from the Airliner
Price Guide, vol. 57, January 2006. That
table shows that AD Cost as a
percentage of Affected Fleet Value is
high, with a median value of 12.2
percent and values ranging as high as
32.9 percent.15 Both measures of the
cost of compliance—discounted AD cost
relative to operating revenue (table,
‘‘Financial data by small operator for
assessing the economic impact of the
final rule’’) and AD cost relative to
affected fleet value (table, ‘‘The cost of
the final rule relative to the value of the
affected fleet by operator’’)—indicate
that this final rule will have a
significant economic impact on a
substantial number of small entities.
TABLE—THE COST OF THE FINAL RULE RELATIVE TO THE VALUE OF THE AFFECTED FLEET BY OPERATOR
Operator
Equipment type (LAR
code) 3
Type
Number AP
AD Cost/AP
($)
Total AD cost
($)
Affected fleet
value
($ mil) 2
AD cost/fleet
value
(percent)
C
C
P
C
Boeing
Boeing
Boeing
Boeing
727–200F ............
727–200F ............
727–200 ..............
747–200B/SCD ...
6
3
5
3
200,760
200,760
200,760
738,596
1,204,563
602,281
1,003,802
2,215,788
7.27
3.27
3.05
30.44
16.6
18.4
32.9
7.3
C
738,596
2,215,788
14.44
15.3
C
C
3
4
186,220
186,220
558,660
744,880
22.33
3.52
2.5
21.2
Omega Air Holdings DBA
Focus Air.
Pace Airlines ....................
C
3
738,596
2,215,788
24.68
9.0
4
210,657 1
842,630
14.25
5.9
Ryan International Airlines
Sierra Pacific Airlines .......
Sky King Inc. (CA–USA) ..
Southern Air (CT–USA) ...
P
P
P
C
2
1
2
4
283,970
186,220
186,220
738,596
567,940
186,220
372,440
2,954,383
15.42
0.84
1.72
33.72
3.7
22.2
21.7
8.8
Tradewinds Airlines (NC–
USA).
C
Boeing 747–200B (2),
¥200B/SCD(1).
Boeing 737–300F ............
Boeing 737–200 (3),
200C/F (1).
Boeing 747–200B/SCD
(2), ¥300/SCD (1).
Boeing 737–200 (2),
¥300 (1); 757–200 (1).
Boeing 757–200 ..............
Boeing 737–200 ..............
Boeing 737–200 ..............
Boeing 747–200B/SCD
(2), ¥200F (2).
Boeing 747–200B/SCD ...
3
Kitty Hawk Air Cargo .......
Northern Air Cargo ..........
dwashington3 on PRODPC61 with RULES
Astar Air Cargo ................
Capital Cargo Int’l Airlines
Champion Air ...................
Evergreen International
Airlines.
Kalitta Air .........................
1
738,596
738,596
8.42
8.8
P
15 Relatively high Total AD Cost/Affected Fleet
Value percentages may reflect low airplane values.
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Low airplane values suggest airplanes may retire
before the compliance deadline, thus allowing
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operators to avoid or reduce compliance cost. See
discussion in Section 4.
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TABLE—THE COST OF THE FINAL RULE RELATIVE TO THE VALUE OF THE AFFECTED FLEET BY OPERATOR—Continued
Operator
Total/Average ...........
1 Cost/AP
Number AP
Equipment type (LAR
code) 3
Type
..........................................
44
AD Cost/AP
($)
376,028
(wt. avg.)
AD cost/fleet
value
(percent)
Affected fleet
value
($ mil) 2
Total AD cost
($)
16,545,237
(total)
183.37
(total)
12.2
(median)
for Pace Airlines is weighted average of 737s and 757 costs.
Pace Airlines
Pace Airlines
P
P
Boeing 737–200 and ¥300
Boeing 757–200
3
1
186,220
283,970
558,660
283,970
2 Affected Fleet Value is the sum, by small operator, of the values of affected airplanes. Airplane values were obtained from the Airliner Price
Guide, vol. 57, January 2006.
3 Equipment Type & number of airplanes were obtained from Back Aviation Solutions, Fleet iNET database, January 17, 2007.
3. Disproportionality Analysis
Disproportionality analysis addresses
the question of whether small entities
bear a larger compliance burden than
larger entities. Large operators may be
able to negotiate better pricing from
outside sources for purchase,
installation, and inspection of
insulation blankets. We do not have the
data that would allow us to assess that
potential advantage. Data are readily
available, however, to calculate the
percentage of operators’ airplanes
affected by this final rule. We use this
simple measure to compare the
equipment compliance burden of the
small operators with the 15 large airline
operators affected by the final rule. One
small operator, Maxjet Airways, was
added to the small operator list, so as to
have equal-sized small and large
comparison groups.16 The data are
shown in table, ‘‘Proportionality
analysis using the percentage of the fleet
affected by the final rule, by small and
large operators,’’ which sorts the data by
Affected Fleet as a percentage of Total
Fleet for both small and large operators.
As measured by this variable, small
operators generally have a higher
compliance burden than large
operators—a result summarized in the
higher mean percentage (38% vs. 29%)
and much higher median percentage
(31% vs. 17%) for small operators.
TABLE—PROPORTIONALITY ANALYSIS USING THE PERCENTAGE OF THE FLEET AFFECTED BY THE FINAL RULE, BY SMALL
AND LARGE OPERATORS
Affected
fleet
Small operator
Affected
fleet/total
fleet
(percent)
Total fleet
Affected
fleet
Large operator
Total fleet
Affected
fleet/total
fleet
(percent)
Kitty Hawk Air Cargo ........
Kalitta Air ..........................
Astar Air Cargo .................
Ryan International Airlines
Capital Cargo Int’l Airlines
Evergreen Int’l Airlines .....
Tradewinds Airlines (NC–
USA).
Champion Air ....................
Sky King Inc. (CA–USA) ..
Southern Air (CT–USA) ....
Pace Airlines .....................
Sierra Pacific Airlines .......
Northern Air Cargo ...........
Omega Air Holdings DBA
Focus Air.
Maxjet Airways .................
3
3
6
2
3
3
1
32
20
31
10
14
14
4
9.4
15.0
19.4
20.0
21.4
21.4
25.0
Alaska Airlines .................
American Airlines .............
United Parcel Service ......
United Air Lines ...............
Atlas Air ............................
Continental Airlines ..........
Hawaiian Airlines .............
2
31
15
40
3
48
4
93
374
148
310
23
366
29
2.2
8.3
10.1
12.9
13.0
13.1
13.8
5
2
4
4
1
4
3
16
6
9
8
2
7
4
31.3
33.3
44.4
50.0
50.0
57.1
75.0
Federal Express ...............
Southwest Airlines ...........
Delta Air Lines .................
US Airways ......................
Northwest Airlines ............
Aloha Airlines ...................
America West Airlines 1 ...
18
83
72
41
44
13
29
105
479
319
113
114
24
39
17.1
17.3
22.6
36.3
38.6
54.2
74.4
3
3
100.0
ABX Air ............................
38
38
100.0
Totals .........................
47
180
....................
Totals ...............................
481
2574
....................
Median .......................
....................
....................
31.3
Median .............................
....................
....................
17.1
Mean ..........................
....................
....................
38.2
Mean ................................
....................
....................
28.9
1 American
dwashington3 on PRODPC61 with RULES
West Airlines merged with U.S. Airways on September 27, 2005. A merger of the FAA operating certificates was expected in 2007.
Source: Back Aviation Solutions, Fleet iNET database, December 5, 2006.
Note: Medians and means are column averages. Affected Fleet/Total Fleet for all small operators is 47/180 = 26.1% compared with 481/2574
= 18.7% for all large operators. These figures are equivalent to weighted means of the Affected Fleet/Total Fleet percentages with the operator’s
total fleet numbers as weights. As an average of the column of percentages, the unweighted mean corresponds to the median, and more appropriately reflects the situation of the typical operator in its group.
16 We identified Maxjet Airways as a highly likely
small entity by Maxjet’s small total fleet size
compared with other small operators.
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4. Conclusion on Economic Impact
On the basis of our analysis in
sections E.1–E.3 above, we conclude
this AD will have a significant economic
impact on a substantial number of
firms.17, 18
International Trade Impact Analysis
The Trade Agreement Act of 1979
prohibits Federal agencies from
establishing any standards or engaging
in related activities that create
unnecessary obstacles to the foreign
commerce of the United States. The
statute does not consider legitimate
domestic objectives, such as safety, as
unnecessary. The statute also requires
consideration of international standards
and, where appropriate, that they be the
basis for U.S. standards. We are issuing
this final rule because of a known safety
problem and thus the AD is not
considered an unnecessary obstacle to
international trade.
Unfunded Mandates Reform Act
Assessment
Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4)
requires each Federal agency to prepare
a written statement assessing the effects
of any Federal mandate in a proposed or
final agency rule that may result in an
expenditure of $100 million or more
(adjusted annually for inflation with the
base year 1995) in any one year by State,
local, and tribal governments in the
aggregate, or by the private sector. The
Act deems such a mandate to be a
‘‘significant regulatory action.’’ We
currently use an inflation-adjusted value
of $136.1 million.
This AD does not contain such a
mandate.
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.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
dwashington3 on PRODPC61 with RULES
17 The
cost of the rule may be somewhat lower
than estimated to the extent that airplanes go
directly into retirement at age 25 rather than
converting to cargo service as assumed here. Even
if an old airplane is not due for retirement, the
operator will still retire if more economical than
compliance, in which case the costs of the rule will
also be less than assumed here.
18 In addition to the lower Present Value AD Cost
discussed in Section E.1, another benefit of the
extended compliance time, especially to small
operators, is the increased economic feasibility of
retirement or freighter conversion as an alternative
to compliance.
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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
We have determined that 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;
and
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979).
You can find our regulatory
evaluation and the estimated costs of
compliance in the AD Docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
■
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2008–23–09 Boeing: Amendment 39–15730.
Docket No. FAA–2005–20836;
Directorate Identifier 2005–NM–028–AD.
Effective Date
(a) This airworthiness directive (AD) is
effective December 15, 2008.
Affected ADs
(b) None.
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66511
Applicability
(c) This AD applies to Boeing airplanes,
certificated in any category, specified in
paragraphs (c)(1) and (c)(2) of this AD.
(1) Boeing airplanes listed in Table 1 of
this AD, having an original standard
Airworthiness Certificate or original Export
Certificate of Airworthiness issued between
July 1981 and December 1988 inclusive.
TABLE 1—APPLICABILITY OF CERTAIN
AIRPLANES
Model
727–200 and 727–200F series airplanes.
737–200, 737–200C, 737–300, and 737–400
series airplanes.
747–100, 747–100B, 747–100B SUD, 747–
200B, 747–200C, 747–200F, 747–300,
747SR, and 747SP series airplanes.
757–200, 757–200CB, and 757–200PF series airplanes.
767–200 and 767–300 series airplanes.
(2) Boeing Model 747–400 series airplanes,
serial numbers 23719, 23720, 23814, 23816,
23817, 23818, 23819, 23820, 23999, 24061,
and 24062.
Unsafe Condition
(d) This AD results from reports of in-flight
and ground fires on certain airplanes
manufactured with insulation blankets
covered with a specific
polyethyleneteraphthalate (PET), ORCON
Orcofilm AN–26 (all variants, including
AN–26, AN–26A, and AN–26B), hereafter
referred to as ‘‘AN–26,’’ which may
contribute to the spread of a fire when
ignition occurs from sources such as
electrical arcing or sparking. We are issuing
this AD to ensure that insulation blankets
constructed of AN–26 are removed from the
fuselage. Such insulation blankets could
ignite and propagate a fire that is the result
of electrical arcing or sparking.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Replacement
(f) Except as provided in paragraph (g) of
this AD, within 96 months after the effective
date of this AD, do the actions specified in
paragraph (f)(1) or (f)(2) of this AD.
(1) Remove all insulation blankets from the
pressurized areas of the fuselage and install
new insulation blankets using a method
approved by the Manager, Seattle Aircraft
Certification Office (ACO), FAA. The new
insulation blankets must comply with 14
Code of Federal Regulations (CFR) 25.856(a).
The areas where the affected insulation
blankets are installed include, but are not
limited to, the following areas:
(i) Crown area of the airplane;
(ii) Areas behind flight deck panels and
circuit breaker panels;
(iii) Areas behind sidewalls, lavatories,
closets, and galleys;
(iv) Cargo compartment areas;
(v) Air ducting;
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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Rules and Regulations
(vi) Waste and water tubing; and
(vii) Areas attached to the underside of
floor panels.
(2) Remove the existing fuselage insulation
blankets and install new insulation blankets,
in accordance with the Accomplishment
Instructions of the applicable service bulletin
specified in Table 2 of this AD.
TABLE 2—BOEING SPECIAL ATTENTION SERVICE BULLETINS
Boeing Special Attention Service
Bulletin—
Dated—
For model—
(i) 727–25–0300 ..............................
(ii) 737–25–1572 .............................
(iii) 747–25–3429 ............................
April 30, 2008 ................................
April 30, 2008
April 30, 2008 ................................
(iv) 757–25–0295 ............................
(v) 767–25–0411 .............................
April 30, 2008 ................................
April 30, 2008 ................................
727–200 and –200F series airplanes.
737–200, 737–200C, 737–300, and 737–400 series airplanes.
747–100B, 747–100B SUD, 747–200B, 747–200C, 747–200F, 747–
300, 747–400, 747SP, and 747SR series airplanes.
757–200, 757–200CB, and 757–200PF series airplanes.
767–200 and 767–300 series airplanes.
Exception
(g) The actions described in paragraph (f)
are not required for any insulation blanket
that is determined not to be constructed of
AN–26, using an identification method
approved by the Manager, Seattle Aircraft
Certification Office (ACO), or in accordance
with Appendix A of the applicable service
bulletin specified in Table 2 of this AD.
Note 1: Insulation material that is partmarked with a date of manufacture indicating
that it was manufactured before July 1981 or
after December 1988 is not constructed of
AN–26.
Parts Installation
(h) As of the effective date of this AD, no
person may install any insulation blanket
constructed of AN–26 as a replacement
unless it has been modified to comply with
14 CFR 25.856(a), in accordance with a
method approved by the Manager, Seattle
ACO.
dwashington3 on PRODPC61 with RULES
Alternative Methods of Compliance
(AMOCs)
(i)(1) The Manager, Seattle ACO, ATTN:
Shannon Lennon, Aerospace Engineer, Cabin
Safety and Environmental Systems Branch,
ANM–150S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW.,
Renton, Washington 98057–3356; telephone
(425) 917–6436; fax (425) 917–6590; has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
Material Incorporated by Reference
(j) You must use the applicable service
information contained in Table 3 of this AD
to do the actions required by this AD, unless
the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
VerDate Aug<31>2005
15:24 Nov 07, 2008
Jkt 217001
Washington 98124–2207; telephone 206–
544–9990; fax 206–766–5682; e-mail
DDCS@boeing.com; Internet
https://www.myboeingfleet.com.
(3) You may review copies of the service
information that is incorporated by reference
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton,
Washington; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
TABLE 3—MATERIAL INCORPORATED
BY REFERENCE
Boeing Special Attention
Service Bulletin—
Dated—
727–25–0300
737–25–1572
747–25–3429
757–25–0295
767–25–0411
April
April
April
April
April
.....................
.....................
.....................
.....................
.....................
30,
30,
30,
30,
30,
2008.
2008.
2008.
2008.
2008.
Issued in Renton, Washington, on October
24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–26352 Filed 11–7–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–1166; Directorate
Identifier 2008–NM–179–AD; Amendment
39–15728; AD 2008–23–07]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 737 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
PO 00000
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SUMMARY: We are adopting a new
airworthiness directive (AD) for all
Boeing Model 737 airplanes. This AD
requires revising the airplane flight
manual to include a new flightcrew
briefing that must be done before the
first flight of the day and following any
change in flightcrew members, and to
advise the flightcrew of this additional
briefing. This AD results from
continuing reports that flightcrews have
failed to recognize and react properly to
the cabin altitude warning horn. We are
issuing this AD to prevent failure of the
flightcrew to recognize and react
properly to a valid cabin altitude
warning horn, which could result in
incapacitation of the flightcrew due to
hypoxia (lack of oxygen in body) and
consequent loss of airplane control.
DATES: This AD is effective November
25, 2008.
We must receive comments on this
AD by January 9, 2009.
ADDRESSES: You may send comments 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: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
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Agencies
[Federal Register Volume 73, Number 218 (Monday, November 10, 2008)]
[Rules and Regulations]
[Pages 66497-66512]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26352]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20836; Directorate Identifier 2005-NM-028-AD;
Amendment 39-15730; AD 2008-23-09]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 727-200 and 727-200F
Series Airplanes; 737-200, 737-200C, 737-300, and 737-400 Series
Airplanes; 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-
200F, 747-300, 747-400, 747SR, and 747SP Series Airplanes; 757-200,
757-200CB, and 757-200PF Series Airplanes; and 767-200 and 767-300
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Boeing transport category airplanes. This AD requires replacing any
insulation blanket constructed of polyethyleneteraphthalate (PET) film,
ORCON Orcofilm[reg] AN-26 (hereafter ``AN-26''), with a new insulation
blanket. This AD results from reports of in-flight and ground fires on
certain airplanes manufactured with insulation blankets covered with
AN-26, which may contribute to the spread of a fire when ignition
occurs from sources such as electrical arcing or sparking. We are
issuing this AD to ensure that insulation blankets constructed of AN-26
are removed from the fuselage. Such insulation blankets could ignite
and propagate a fire that is the result of electrical arcing or
sparking.
DATES: This AD is effective December 15, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 15,
2008.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207; telephone 206-544-9990; fax 206-766-5682; e-mail DDCS@boeing.com;
Internet https://www.myboeingfleet.com.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone 800-647-5527) is the Document Management
Facility, 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: Shannon Lennon, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 917-6436; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Summary of the NPRM
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain Boeing Model 727-200 and 727-200F series airplanes; 737-200,
737-200C, 737-300, and 737-400 series airplanes; 747-100, 747-100B,
747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747SR,
and 747SP series airplanes; 757-200 and 757-200PF series airplanes; and
767-200 and 767-300 series airplanes. That NPRM was published in the
Federal Register on April 4, 2005 (70 FR 16986). That NPRM proposed to
require removing all insulation blankets within the pressurized areas
of the affected airplanes and installing a new insulation blanket
meeting the requirements of Section 25.856(a) of Title 14 of the Code
of Federal Regulations (CFR) (14 CFR 25.856(a)). That NPRM also
proposed to allow operators to develop methods for distinguishing
between insulation blankets constructed of AN-26 and other materials.
In addition, that NPRM proposed a provision that, if the FAA approves
such a method, operators would not be required to remove blankets they
determine are not constructed of AN-26.
Related Activities
After issuance of the NPRM, we extended the comment period of the
NPRM by 60 days due to the extensive scope and significant potential
impact of the NPRM. An NPRM, extending the comment period, was
published in the Federal Register on June 6, 2005 (70 FR 32738).
Subsequently, we decided that more time was necessary for interested
parties to continue to evaluate the proposal and to submit additional
comments with more specific details concerning issues. An NPRM,
reopening the comment period, was published in the Federal Register on
November 23, 2005 (70 FR 70749).
Differences Between the NPRM and the Final Rule
We have extended the compliance time of the required replacement
from 72 months to 96 months. The revised compliance time should
minimize the cost impact on operators by allowing more planning time to
comply with the requirements of this AD. We also have revised the cost
information and note that there is a substantial change in estimated
cost due to increased parts and labor costs, reduced number of
airplanes, and assumed service change for the future fleet. In
addition, we have deleted the reinstallation requirement of paragraph
(h)(2) of the NPRM. The reinstallation requirement would have created
an undue burden on operators because not all removals of insulation
blankets are done at a heavy maintenance visit with the necessary
replacement materials available.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the 21 commenters.
The significant comments are as follows.
Questioning the Safety Risk of AN-26
Several commenters, such as the Air Transport Association (ATA) on
behalf of its members, Boeing, KLM, and Northwest Airlines (NWA),
request that we reconsider the NPRM because AN-26 poses a lower safety
risk than indicated in the NPRM, and that AN-26 was not considered
unsafe during certification.
Boeing states that its in-service events/test data show limited
flame spread and no damage to structure/systems due to aged AN-26.
Boeing implies that the mitigating actions for the NPRM should be
revised to correspond to the low risk presented by the data, which are
proportionally associated with the combination of contamination,
ignition, and flame propagation.
In addition, Boeing states that the replacement of AN-26 for all
locations
[[Page 66498]]
may not be required due to the isolation of materials from ignition
sources or lack of susceptibility to high levels of contamination. NWA
agrees with Boeing's conclusion that AN-26 (based on flame propagation
characteristics by itself) without contamination is not an unsafe
condition (i.e., high-level threat) for airplanes.
Based on our review of the details of the in-service events/test
data, we do not agree with Boeing to revise the NPRM to reflect its
presented information or with its conclusions about the data. With
regard to ignition and propagation, we have examined the incident/event
history of fires involving airplanes manufactured between 1981 and 1988
and, in particular, those events that have involved AN-26 thermal/
acoustic insulation materials. Results of this examination revealed
that flames have propagated on the thermal/acoustic insulation
materials initiated from several types of ignition sources such as
electrical arc/sparks and lightning strikes. Flight or ground personnel
extinguished some of these fires with extinguishing equipment while
other fires self-extinguished. It is unknown whether all of these fires
would have self-extinguished and how much of the material would have
been consumed or if the fire would have spread to other materials.
These events took place in several areas of the airplanes, but
primarily in inaccessible areas, those that are hidden from view from
the passengers and flight crew. The burned areas ranged from a
relatively small area (< one ft\2\) to a large area (40 ft\2\). Some of
these events resulted in significant system and/or structural damage to
the airplane.
We also do not agree with the commenters suggestions that an unsafe
condition only exists if contamination is present. Data from in-service
events and tests, conducted by both Boeing and us, support the
conclusion that relatively uncontaminated, in-service AN-26 has ignited
and resulted in unacceptable flame propagation behavior. As discussed
in the ``Background'' section of the NPRM, we have concluded that the
flammability characteristics of AN-26 are more a factor of fundamental
material properties than a factor of contamination.
Contamination, in many cases, can increase the susceptibility to
ignition and flame propagation, although, in certain cases, some forms
of contamination actually inhibit the propagation of flames. In
addition, as discussed in the ``FAA's Determination and Requirements of
the Proposed AD'' section of the NPRM, we issued Flight Standards
Information Bulletin for Airworthiness (FSAW) 00-09, ``Special Emphasis
Inspection on Contamination of Thermal/Acoustic Insulation,'' effective
September 28, 2000, to ensure that operators have procedures defined in
their approved maintenance programs for the inspection for
contamination and corrective action. Boeing also has revised service
letters alerting operators to methods for preventing and removing
contamination. The procedures in these documents serve to mitigate the
separate risk associated with contamination.
NWA also comments that AN-26 was not considered unsafe at the time
of certification, and that we are changing the flammability test for
insulation material 20 years after certification.
We do not agree. Whether or not AN-26 meets the certification
flammability requirements that were applicable to the affected
airplanes is irrelevant to the determination of an unsafe condition. As
mentioned in Amendment No. 25-111 (68 FR 45045, July 31, 2003), prior
certification standards did not adequately distinguish between
acceptable and unacceptable materials. As a result, we did, in fact,
change those standards in Amendment No. 25-111, and the old test
methods are no longer applicable to thermal/acoustic insulation. As
such, our long-range plan is application of Amendment No. 25-111, where
material that met the previous standards will be reduced by attrition
as required by the associated 14 CFR Part 91 and Part 121 operational
rules.
Furthermore, in response to NWA's observation that we are changing
test methods to account for electrical arcing, the arc/spark test is
only used to assess whether an unsafe condition exists. It is not used
as a certification standard. We have determined that the most common
ignition threat is electrical arcing/sparking. When AN-26 is subject to
arcs and sparks, it ignites and propagates a fire with characteristics
unlike other insulation material we have evaluated. These
characteristics create the unsafe condition.
KLM and NWA are concerned that in addition to AN-26, there may be
additional materials that should be subject to the requirements of the
NPRM. KLM states that it received a list of several thermal/acoustic
insulation materials from ORCON, the manufacturer of AN-26, that do not
comply with 14 CFR 25.856(a).
As discussed in the NPRM, this AD addresses an identified unsafe
condition (i.e., insulation blankets constructed of AN-26, if not
removed from the fuselage, could ignite and propagate a fire that is
the result of electrical arcing or sparking). AN-26 differs from other
films in use, except for metallized polyethyleneteraphthalate (MPET)
material which has been addressed in other similar rulemaking, in that
it is susceptible to propagation of a fire from a small ignition
source. Other films, while not necessarily meeting the requirements of
14 CFR 25.856(a), do not have this susceptibility. It is the
susceptibility to small ignition sources that creates the unsafe
condition.
ATA states that AN-26 is not as unsafe as MPET. ATA states that
investigation results of in-service events and the FAA Technical
Center's video recording of the tests of insulation blankets
constructed of MPET indicate that propagation characteristics of AN-26
is not a safety threat.
We do not agree with ATA's assertion that AN-26 poses a propagation
hazard significantly less than that posed by MPET. We have determined
that each material is susceptible to ignition and propagation from a
small ignition source and thus presents an unsafe condition. The flame
propagation characteristics of MPET in a specific test scenario are not
a recognizable standard with which to compare other materials,
including AN-26, as MPET has not been deemed the baseline material for
safety evaluations. For this same reason, we also do not agree that the
comparison of propagation characteristics of AN-26 and MPET should be
factored into the development of an appropriate compliance time for the
required replacement.
Service Information
Several commenters, such as ATA, Continental, and NWA, express
concern about the lack of service information in order to comply with
the AD. ATA notes that paragraph (f) of the NPRM states that the
insulation blankets must be replaced ``using applicable maintenance
manual procedures.'' ATA states that such a provision is inadequate,
and that the effective date of the AD should be delayed to ensure
appropriate service information is available to operators. While
preparing for the MPET ADs \1\ (hereafter ``MPET ADs''), ATA found that
the maintenance manual procedures:
---------------------------------------------------------------------------
\1\ ADs 2000-11-01, amendment 39-11749 (65 FR 34321, May 26,
2000), and 2000-11-02, amendment 39-11750 (65 FR 34341, May 26,
2000).
---------------------------------------------------------------------------
Describe the fabrication of insulation blankets, but
provide no instructions for the removal or installation of insulation
blankets; and
Do not adequately address the wholesale replacement of an
insulation blanket system nor provide any
[[Page 66499]]
accounting for assessing or planning the labor or logistical support
required to mount the proposed replacement.
In addition, ATA states that having service information with
detailed procedures for replacing AN-26 in the flight deck and
electronics compartment (areas in which insulation blankets are rarely
replaced during the lifetime of an airplane) is necessary to ensure
that the electrical systems are not disturbed during the proposed
replacement. Without approved service information, ATA also states that
the NPRM, in effect, relies on the future development and FAA's
approval of operators' equivalent methods, alternative methods of
compliance (AMOC), or supplemental type certificates (STCs), or a
combination of these methods. ATA points out that it took 9 to 18
months to develop and to get approved 22 STCs for a similar issue
(i.e., strengthened flight deck doors).
Continental states that the NPRM does not refer to any approved
service information with instructions for inspecting systems that are
disturbed during the AN-26 replacement. Without this service
information, Continental also states that Boeing, operators, and the
FAA will be unable to determine whether there are compliance issues
similar to those the FAA previously noted before the issuance of the
MPET ADs. Continental concludes that requiring operators to develop
their own service information will cause operators and the FAA an undue
burden after the AD is released and could cause compliance issues.
As an alternative to extending the effective date of the AD, ATA
requests that we consider issuing a supplemental NPRM that proposes a
reasonable compliance time once appropriate service information is
available. ATA appreciates the reopening/extension of the comment
period of the NPRM to evaluate AMOCs; however, ATA notes that the
results of the evaluated AMOCs revealed that none of them have a high
likelihood of substantially reducing the cost impact of the NPRM. Since
no AMOCs have been approved for use, ATA states that any estimate of
their economic benefits and impacts would be somewhat speculative. ATA
believes that waiting for approved service information will ensure a
reasonable cost impact and will ensure the availability of at least one
practical method of compliance throughout the compliance time of the
AD.
After issuance of the NPRM, we reviewed the following Boeing
special attention service bulletins:
Table--Boeing Special Attention Service Bulletins
------------------------------------------------------------------------
Boeing Special Attention
Service Bulletin-- Dated-- For model--
------------------------------------------------------------------------
727-25-0300................... April 30, 2008... 727-200 and -200F
series airplanes.
737-25-1572................... April 30, 2008... 737-200, 737-200C,
737-300, and 737-400
series airplanes.
747-25-3429................... April 30, 2008... 747-100B, 747-100B
SUD, 747-200B, 747-
200C, 747-200F, 747-
300, 747-400, 747SP,
and 747SR series
airplanes.
757-25-0295................... April 30, 2008... 757-200, 757-200CB,
and 757-200PF series
airplanes.
767-25-0411................... April 30, 2008... 767-200 and 767-300
series airplanes.
------------------------------------------------------------------------
The special attention service bulletins describe procedures for an
optional one-time general visual inspection to determine if the
existing insulation blankets are constructed of AN-26, removal of
existing insulation blankets, and installation of new insulation
blankets. We have determined that accomplishing the actions specified
in those special attention service bulletins is considered an
acceptable means of compliance with the requirements of paragraphs (f)
and (g) of this AD. Therefore, we have revised paragraphs (f) and (g)
of this AD accordingly.
Alternatively, we determined that existing maintenance manual
procedures should be sufficient for accessing and replacing AN-26 in
the flight deck, as well as the electronic and passenger and cargo
compartments. Maintenance manual procedures also provide instructions
for restoring disturbed systems and conducting detailed inspections of
disturbed wiring. Therefore, we determined that it is possible to do
the required replacement in these areas by developing the necessary
installation data in conjunction with existing maintenance practices.
We also determined that these areas will most likely be accessed during
a heavy maintenance check, which would better facilitate replacement of
insulation materials; and we have accounted for this in the compliance
time.
We also acknowledge that the maintenance manual procedures describe
methods for fabricating replacement insulation blankets as well as
removal and installation of blankets in several locations throughout
the airplane. We also are aware that, through existing maintenance
manual procedures, it is possible to utilize existing insulation
blankets as templates in conjunction with new thermal/acoustic
insulation materials meeting 14 CFR 25.856(a) to create replacement
insulation blankets. While some operators may not be equipped or may
decide not to manufacture replacement insulation blankets, we are aware
that there are resources available in the industry to manufacture and
install replacement insulation blankets in almost all locations without
specific service information from Boeing.
Furthermore, we are also aware that certain operators and modifiers
are developing their own installation data. We support the efforts of
these parties to generate potential methods of compliance. However, we
have not received any specific proposals to date.
US Airways requests that the NPRM be withdrawn and reissued when
approved methods of identifying insulation blankets constructed of AN-
26 and service information are available. Boeing, British Airways (BA),
Continental, Henderson Projects, FedEx, NWA, and Transport Canada Civil
Aviation request that the NPRM be revised to include a method of
identifying non-compliant insulation blankets constructed of AN-26. Two
commenters specifically request that the first paragraph in the ``FAA's
Determination and Requirements of the Proposed AD'' section of the NPRM
be revised to include Boeing's AN-26 visual identification flow chart.
Without such a method, the two commenters state that operators will be
required to get approval from the FAA before installing replacement
insulation blankets, which will cause a significant work overload for
all respective parties. Another commenter states that Note 1 of the
NPRM is not adequate to identify AN-26 and would like to see color
pictures and a description of AN-26. Other commenters state that
including such a method will help offset the
[[Page 66500]]
economic impact on operators. One other commenter states that many
original insulation blankets have been replaced with locally fabricated
insulation blankets, which do not have visible markings.
We acknowledge that operators need a better method to identify
insulation blankets constructed of AN-26. We are aware that ORCON used
a variety of methods to part-mark the subject materials, and in some
cases, there is no part marking at all. We are also aware that more
than one material has been qualified to Boeing's material specification
during the timeframe AN-26 was used.
We do not agree, however, to include Boeing's AN-26 visual
identification flow chart in the current form in the AD. We have
determined that the flow chart does not provide an adequate means of
identifying insulation blankets constructed of AN-26 and lacks key
characteristics necessary to aid personnel. However, Boeing has
provided instructions for identifying insulation blankets constructed
of AN-26 in the service information described previously.
Need for More Meetings/Central Repository
ATA requests that we form an Aviation Rulemaking Committee (ARC) to
coordinate insulation-related initiatives of large scope that may arise
in the future. ATA also requests that we work with manufacturers to
coordinate the development and publication of a central repository of
data showing:
Thermal/acoustic insulation materials that have passed
current flame propagation test standards; and
Plans to test in-service materials that have not yet been
tested.
ATA states that rulemaking applicable to insulation material can have a
tremendous impact on labor, out-of-service time and, in particular, the
development of methods of compliance and associated service
instructions, planning, logistic support, and configuration control,
for both production and out-of-production airplanes. ATA further states
that experience with insulation blanket rules similar to the NPRM have
shown that such initiatives should be regarded as significant, and are
candidates for extensive, close, and preferably advance coordination
within the industry and the FAA.
We do not agree. We note that data regarding in-service materials
are already available from the FAA Technical Center. We have not seen
any tendency for aged material to perform differently than new
materials. While none of the data suggest that there is a trend toward
increased flammability with age, we support further investigation into
this issue. However, we do not plan to test additional materials,
unless new information surfaces to suggest a need. We do not agree that
a central repository of data, whether descriptive or substantiating, is
necessary. We have gathered test data for a number of in-service
materials, which can be accessed at: https://www.fire.tc.faa.gov/ppt/
materials/Flammability_test.zip. These data were obtained by the
International Aircraft Materials Fire Test Working Group (IAMFTWG) on a
strictly voluntary basis. In general, data are proprietary to the
applicant, and we cannot disclose those data to the public. We would
support an industry initiative wherein design approval holders
voluntarily disclose such information.
We do agree that it is necessary to coordinate insulation-related
initiatives; however, we do not agree that it is necessary to form an
ARC. We, along with several manufacturers and operators, are a member
of the IAMFTWG, which studies improvements to flammability standards,
specifically those for non-metallic materials within the pressurized
portions of an airplane. The group is divided into several task groups,
one of which is the Aging/Contamination Task Group. Members of this
task group evaluate in-service parts from operators to study
contaminants and to determine materials used by manufacturers and
operators, and conduct laboratory tests to artificially age various
film materials. However, the IAMFTWG is not an FAA-chartered committee
and thus does not make specific rulemaking recommendations, nor can we
task it to do so. However, we actively participate in IAMFTWG meetings
and intend to utilize information provided by this group to determine
how contamination may impact the risk of fire and/or fire propagation
and also determine if alternative regulatory action may be appropriate.
In addition, the potential for forming a working group on aging and
contamination insulation materials was formally presented to the
Transport Airplane and Engine Issues Group (TAEIG) of the Aviation
Rulemaking Advisory Committee. Based on the minimal feedback from the
group members, we determined that such a working group is not
necessary, and therefore, we do not plan to initiate any activity
beyond that in the IAMFTWG.
NWA proposes that we withdraw the NPRM until we can task industry
to develop a reasonable resolution to our insulation flammability
concerns (i.e., aging and contamination).
We agree that it may be necessary to conduct studies on the effects
of contamination on insulation materials. However, we do not agree to
withdraw the NPRM until another industry task group can be formed to
address aging and contamination outside of current, ongoing activity.
We have concluded that the flammability characteristics of AN-26 are
more a factor of fundamental material properties than a factor of aging
or contamination. As discussed previously, we extended the comment
period of the NPRM in June 2005, as well as reopened the comment period
in November 2005. During that time, industry was unable to arrive at a
common approach or to propose specific AMOCs that are alluded to in
comments that were submitted to the NPRM. Any additional delay for
further study would be unacceptable, because doing so would allow the
unsafe condition to persist.
Compliance Time
BA and Transport Canada Civil Aviation agree with the 72-month
compliance time for the replacement required by paragraph (f) of the
NPRM.
ABX Air (ABX), ATA, Champion Air, Continental, DHL, FedEx,
International Air Transport Association (IATA), KLM, Lufthansa, NWA,
UPS, and US Airways request that the 72-month compliance time for the
replacement of AN-26 required by paragraph (f) of the NPRM be extended.
The commenters propose new compliance times ranging from 96 months to
144 months.
Certain commenters state that such an extension will align with
their scheduled maintenance intervals such as a heavy maintenance, 4C-
check, C-check (two intervals), or D-check, and will thereby eliminate
disruptions in flight schedules. One commenter also states that 72
months would result in an undue maintenance burden. Another commenter
states that 72 months would result in unnecessary grounding of
airplanes due to the associated cost burden. Others state that such an
extension is necessary to offset the economic impact.
Another commenter states a longer compliance time is necessary due
to the assertion that AN-26 is not as unsafe as MPET--an insulation
subject to an AD with a 60-month compliance time. The commenter notes
that investigation results of in service events and FAA Technical
Center test data associated with AN-26 indicate that the propagation
threat to safety is limited when compared to similar MPET data.
[[Page 66501]]
We agree that the 72-month compliance time in paragraph (f) of the
NPRM can be extended. Based on the information supplied by the
commenters, and in consideration of the impact this type and level of
replacement action imposes on the operators and the size of the
affected fleet, we have determined that extending the compliance time
to 96 months will not adversely affect safety. We acknowledge that our
efforts with industry to minimize ignition sources and to reduce
contamination on insulation blankets are actions that reduce the risk
of fire, and thus are mitigating actions that support the compliance
time extension. While these factors partially mitigate the risk and
enable us to allow a compliance time that is longer than the 60-month
compliance time for the MPET ADs, they do not adequately address the
risk of flame propagation without removal or appropriate modification
of insulation blankets constructed of AN-26. As a secondary
consideration, this extension will allow the required replacement be
conducted during a regularly scheduled heavy maintenance visit for the
majority of the affected fleet, when the airplanes would be located at
a base where special equipment (i.e., special rigs, devices, etc., to
facilitate removal and installation of equipment) and trained personnel
would be readily available, if necessary. Therefore, we have revised
paragraph (f) of this AD to require a compliance time of 96 months.
Delete Freighter Airplanes From the Applicability
DHL requests that freighter airplanes be deleted from paragraphs
(c)(1) and (c)(2) of the NPRM, because the risk for casualties in the
event of a fire is almost zero on those airplanes.
We do not agree with DHL to exclude freighters or those airplanes
that have been converted from a passenger to a freighter configuration
from the applicability of this AD. AN-26 is primarily used in areas of
airplanes that are unoccupied, behind lining materials, and hidden from
view. The risk of an in-flight fire and the propagation of a fire in
those areas is essentially the same whether the airplane is equipped to
fly passengers or cargo. Therefore, we have made no change to the AD in
this regard.
Changes to the Applicability
After issuance of the NPRM, we determined that Model 757-200CB
series airplanes are subject to the identified unsafe condition of this
AD. Currently, there are no affected Model 757-200CB series airplanes
on the U.S. Register. Because the identified unsafe condition is likely
to exist or develop on other products of this same type design that
could be registered in the United States in the future, we have revised
the applicability of this AD to include Model 757-200CB series
airplanes. Since no Model 757-200CB series airplanes are affected by
this AD, notice and opportunity for public comment before issuing this
AD are unnecessary.
Limit Replacement to Cover Film Material, Not Entire Insulation Blanket
Boeing and NWA request that paragraphs (d) and (f) of the NPRM and
the ``FAA's Determination and Requirements of the Proposed AD'' section
of the NPRM be revised to refer to the replacement of the cover film
material only, not the entire insulation blanket. Boeing notes that the
FAA has only determined that AN-26 cover film is non-compliant with 14
CFR 25.856(a). Boeing states that requiring replacement insulation
blankets to be in full compliance under that rule is unnecessary and
places an undue hardship on the airlines and the supply chain for
replacement insulation blankets. Boeing also states that most
replacement insulation blankets are now available in the supply chain,
but the availability is strained to meet production needs that started
in September 2005.
For comparison, Boeing points out that the MPET ADs only require
replacement of films to remedy the unsafe conditions of those ADs--not
tapes, threads, felts, hook/loop, etc., which are not part of the
safety issue. In addition, Boeing states that requiring the latest
materials for treatments or construction of replacement insulation
blankets will slow their installation, which will place an additional
burden on industry. Boeing states further that incorporating its
suggested change of mandating replacement of AN-26 cover film only will
also support alternate mitigation approaches to satisfy the safety
issue.
We do not agree with the commenters' requests to limit the required
replacement to cover film materials only. Operational rules have been
implemented that require thermal/acoustic insulation materials
installed as replacements to meet the requirements of 14 CFR 25.856(a).
As such, there is significant benefit in defining a consistent standard
for this AD both from a level of safety perspective and from a
practical standpoint in order to avoid confusion. As stated in the
preamble of Amendment No. 25-111, the requirement is also applicable to
``tapes or hook and loop fasteners that are affixed to the film.
Research testing has shown that these details can have a pronounced
effect on the flame propagation characteristics of the insulation cover
material.''
We do not believe that the supply chain for replacement materials
will be unnecessarily strained. The compliance time extension is
intended to allow for planning and ensuring availability of necessary
materials.
In general, film material is intended to provide a level of
protection to the insulation batting or ``felt'' from contamination and
moisture. We have determined that removing the film alone may introduce
undesirable effects such as the breakdown of the insulation or batting
material due to the effects of moisture or other agents, which have not
been evaluated as part of this AD.
We acknowledge, however, that removal and replacement of AN-26 film
cover material and associated affixed details such as hook/loop,
threads, etc., with materials compliant with the requirements of 14 CFR
25.856(a) may be an option for consideration of an AMOC should an
operator elect to pursue this means versus outright replacement of the
blanket assembly. We have made no change to the final rule in this
regard.
AMOCs
Transport Canada Civil Aviation requests that the criteria for
evaluating and approving AMOCs for the replacement in paragraph (f) of
the NPRM be included in the final rule to assist industry in developing
such AMOCs.
Boeing requests that we define the acceptance criteria in the AD
rather than requiring operators to obtain the criteria from the
Manager, Seattle Aircraft Certification Office (ACO). Boeing states
that this change, as well as airlines' input on implementation and cost
impact, will allow industry to develop solutions.
We partially agree. We agree with the commenters that a description
of the criteria and test methods for evaluating AMOCs is needed to
reduce the flow time and overall implementation costs of the AD.
However, we do not agree that a change is necessary to this AD in this
regard. We have developed an FAA document that describes criteria and
test methods for evaluating AMOCs. You may view this document at http:/
/www.fire.tc.faa.gov/materials/AN_26_AMOC.pdf; or in the AD docket on
the Internet at https://www.regulations.gov.
Boeing requests that the FAA follow Boeing's AMOC plan for ``Spray-
on
[[Page 66502]]
Solution,'' which it provided to the FAA in September 2004. In
addition, Boeing believes that its plan, approach, and schedule for the
overall safety issue aligns with the potential risk level that is
apparent from incident analysis and testing. Boeing states that the FAA
is aware of the development and progress of its spray-on fire retardant
solution, and that when approved, it will be an acceptable remedy to
the identified fire propagation condition with AN-26.
Other commenters request that a specific AMOC such as Boeing's
spray-on-solution be included in the paragraph (f) of the final rule.
Some commenters request that the final rule not be issued until there
is an approved AMOC relating to spray-on fire retardants or covering
material using existing insulation materials.
We acknowledge that Boeing has been in the process of developing a
spray-on fire retardant as an AMOC for the replacement required by this
AD. We understand that AMOCs can be valuable to assist operators in
complying with ADs. However, Boeing has not submitted its modification
to us for approval yet. We do not consider it appropriate to delay
issuance of this final rule, since we have determined that an unsafe
condition exists and that replacement must be conducted to ensure
continued safety. We will work with Boeing or other entities to approve
its modification when the development is complete and substantiating
data are provided.
Boeing and Continental request that paragraph (h)(1) of the NPRM be
revised to allow the Boeing Commercial Airplanes Delegated Compliance
Organization (BDCO) to approve AMOC requests, in addition to the
Manager, Seattle ACO. Continental states that allowing such delegation
to the BDCO will enable operators to rapidly respond to day-to-day
operational issues and will lessen the operational burden of the
required replacement.
We do not agree with Continental to delegate AMOC approvals to the
BDCO, nor do we agree with Boeing to revise our AMOC approval process.
In some ADs, we have authorized the BDCO to approve AMOCs for certain
structural repairs of cracking that are found during routine
maintenance or inspections. These repairs warrant ``routine'' handling.
However, we consider the required AN-26 replacement to be complex in
nature, and there are potential new and novel approaches for
compliance. It is crucial that the FAA be aware of all modifications
made to AN-26. It is essential that we have feedback as to the type of
modifications being made. Given that possible new relevant issues might
be revealed during this process, it is imperative that we have such
feedback. We can be assured of this feedback and of the adequacy of the
modification methods only by reviewing the modification proposals.
We have determined that standardization and continuity of
modification approvals can best be maintained by having one single
point of approval for all AMOCs to the requirements of this AD. Since
the Manager, Seattle ACO, is accountable for the primary oversight for
the actions regarding this AD, it is appropriate to establish and
maintain this single point of approval. We have made no change to the
AD in response to these comments.
Exclude Certain Areas From Requirement To Replace AN-26
ABX, Boeing, DHL, Florida West International Airways, Lufthansa,
and NWA request that paragraph (g) of the NPRM include a provision to
exclude areas (i.e., electrical equipment bay, flight deck, adjacent
areas, and certain areas behind the smoke barrier) that can be isolated
and contained and thus pose a limited fire risk.
Some commenters state that removal of structure or systems to gain
access to certain areas may be more detrimental to safety of the
airplane. Two commenters also state that some areas containing AN-26
are not accessible after original installation. In addition, the
commenters state that their suggested provision will provide for
efficient implementation methods and will allow compliance with the
NPRM for the entire airplane.
We do not agree with these commenters' rationale to include a
provision in paragraph (g) of this AD to exclude certain areas of the
airplane. We have evaluated the areas to which the commenters refers
and have determined that such areas are accessible. We do acknowledge
that certain areas may be easier to access when a major maintenance
activity is also occurring in these areas. Proper planning as to the
time of blanket replacement to coincide with other major maintenance
work, development of proper procedures, and training of maintenance
technicians and inspectors will minimize the chance of causing damage
to wires or other systems. We will require any operator/modifier that
develops its own installation data to include specific instructions to
ensure that any displaced wires, systems, and installations are in an
airworthy condition after doing the required replacement.
We are not aware of any specific locations on the affected aircraft
where AN-26 cannot be accessed after original installation. If there
are certain areas that are completely inaccessible, we may consider
proposals for AMOCs, in accordance with paragraph (i) of this AD, which
include appropriate substantiating data.
Boeing proposes to exclude certain areas up to 20 square feet and
has provided test and in-service data intended to support its request.
Boeing proposes that an equivalent area to the ``foam block'' be
defined to allow exempt areas. Boeing notes that the ``foam block'' is
defined by the FAA Technical Center as a realistic in-service fire
threat taking into account materials and contamination. Boeing states
that the crown test with the ``foam block'' is used by the FAA to
determine acceptable flame propagation performance. In addition, Boeing
states that the heat released from AN-26 film up to 20 square feet is
equivalent to the heat released from a polyurethane foam block.
We do not agree with Boeing that it is appropriate to determine an
acceptable amount of square footage of insulation blankets constructed
of AN-26 based on the size of the Heptane-soaked ``foam block'' used
during FAA tests. The ``foam block'' was established as an appropriate
ignition source when doing intermediate and full-scale tests and the
resultant development of a suitable test standard capable of evaluating
improved thermal/acoustic insulation materials (i.e., 14 CFR part 25,
Appendix F, Part VI), but does not constitute a standard for an
acceptable area of AN-26. We do not agree that heat release
characteristics of the ``foam block'' can be translated to an
acceptable area of AN-26. Insulation blankets constructed of AN-26,
even in limited amounts, may be ignited via a small ignition source and
may propagate flames to other nearby materials and potentially lead to
a catastrophic event.
We do not agree that the data, submitted by Boeing, to exclude
certain areas (i.e., electrical equipment bay, flight deck, and
adjacent areas) up to 20 square feet of AN-26 support its conclusion
that leaving AN-26 in place in those areas provides an acceptable level
of safety. Those areas are located where potential ignition sources are
likely to exist and thus are susceptible to the identified unsafe
condition of this AD. We have determined that the data submitted by
Boeing and the tests done by the FAA Technical Center support our
conclusion that AN-26 is susceptible to ignition and propagation, and
has an unacceptable ignition and
[[Page 66503]]
flame propagation behavior. This AD is intended to eliminate initiation
and propagation of an AN-26 fire in areas containing critical equipment
where the consequence of a fire would be severe.
ABX states that the NPRM does not have any supporting data to
justify total replacement of insulation blankets constructed of AN-26.
Based on data it has collected from the Service Difficulty Report (SDR)
database, ABX concludes that there is no safety benefit to replacing
insulation blankets constructed of AN-26 in areas that have no or
minimal ignition sources.
We do not agree with ABX that there are no data to support
replacing insulation blankets constructed of AN-26 in the entire
airplane. There are several incidents as cited in the NPRM that clearly
show the involvement of AN-26 in fire propagation. In addition, we have
conducted testing that shows that AN-26 can propagate a fire under
realistic conditions, and therefore even materials not near an ignition
source can become involved. While we agree that the SDR database does
not in itself contain this information, we do, in fact, have sufficient
information to conclude that AN-26 throughout the airplane represents
an unsafe condition. We have also received a report of burned
insulation blankets initiated by chafed wires and a resultant
electrical arc which was discovered by maintenance personnel. In
addition, potential ignition sources exist throughout the airplane and
insulation blankets constructed of AN-26 are located throughout the
airplane. As discussed previously, we have determined that insulation
blankets constructed of AN-26 in all areas of the affected airplanes
must be replaced, unless specific justification for an AMOC is
provided.
Lufthansa states that the MPET ADs excluded areas with lower levels
of risk for ignition sources.
We find that clarification is necessary. The MPET ADs do not
exclude any areas because of perceived lower levels of risk for
ignition sources. The preamble of the MPET ADs states that ``MPET
insulation blankets in all areas of the affected airplanes must be
addressed.'' It also states that `` * * * most [affected airplanes] do
not have MPET insulation blankets in the nose section of the airplane.
Also, a number of airplanes do not have MPET insulation blankets in the
fuselage, but have MPET insulation blankets only on the air
conditioning ducting.'' As such, the service information referenced in
the MPET ADs identifies certain areas where MPET is not installed, and
therefore, those areas are not subject to corrective action. Boeing
does not include this specific provision in service information for AN-
26, as AN-26 is installed throughout the affected Boeing airplanes.
However, we are aware that a number of AMOCs to the MPET ADs, excluding
certain areas from replacement, have been approved. For this AD, we
have accepted specific exclusion areas, which are identified in the
applicable special attention service bulletin described previously for
Model 747 and 767 airplanes.
While some of the commenter's proposals to exclude areas of
replacement were accompanied by general rationale, the identification
of risk mitigating factors and exclusionary details were not specific
enough to enable us to approve such proposals other than those
identified in the special attention service bulletins. However, we may
approve requests for an AMOC under the provisions of paragraph (i) of
this AD if operators can show that leaving AN-26 in place is acceptable
because other design features prevent ignition and/or propagation of a
fire in the specific area requested. Any request to leave AN-26
installed in an airplane must provide justification that the identified
unsafe condition has been mitigated, and that an acceptable level of
safety is maintained.
Requests to Delete, Revise, or Limit Parts Installation Requirements
ABX, ATA, BA, Boeing, Champion Air, Continental, DHL, IATA,
Lufthansa, NWA, and US Airways request that paragraph (h) of the NPRM
be deleted or revised for various reasons.
In summary, the commenters state that a requirement to replace
insulation blankets constructed of AN-26 that have been removed in a
piecemeal fashion would have very little overall safety benefit and
would create a significant burden on immediate maintenance actions. In
addition, the commenters state that the replacement process should be
consistent with the flammability requirements to minimize the impact
with airline maintenance processes. They note that we similarly
addressed the replacement issue in 14 CFR 25.856 and this existing
replacement requirement is sufficient and will apply to in-service
airplanes affected by the NPRM.
We partially agree with the commenters' requests. We do not agree
that paragraph (h) should be deleted. As stated in the preamble of the
NPRM, some international civil aviation authorities have not adopted
regulations similar to 14 CFR 91.613(b)(1), 121.312(e)(1),
125.113(c)(1), and 135.170(c)(1) to prohibit insulation blankets
constructed of AN-26 from being installed after a certain date.
Therefore, we have determined that paragraph (h) of this AD is
necessary to inform the international civil aviation authorities of the
need to prevent that installation.
However, we do agree to revise paragraph (h)(1) (reidentified as
paragraph (h) of this final rule) to eliminate confusion with the
regulations noted previously by the commenters. We have revised
paragraph (h) of the AD to clarify that insulation blankets constructed
of AN-26 may not be installed ``as a replacement'' unless they have
been modified to meet the flame propagation requirements of 14 CFR
25.856(a).
In addition, we do agree with the commenters that the proposed
conditions for reinstallation of insulation in paragraph (h)(2) would
create an undue burden on operators because, as mentioned by some of
the commenters, not all removals of insulation blankets are done at a
heavy maintenance visit with the necessary replacement materials
available. This may cause unnecessary downtime of airplanes to allow
for fabrication and installation of the applicable insulation blanket.
In consideration of the comments provided on this issue, we have
deleted paragraph (h)(2) of the NPRM.
Issue Special Airworthiness Information Bulletin (SAIB)
Boeing requests that we issue a SAIB to inform industry about
mitigation approaches for material susceptible to contamination. Boeing
suggests that the SAIB reflect certain risks identified in its data and
emphasize replacement of significantly contaminated blankets.
We partially agree. We acknowledge that providing information to
reduce contamination of insulation blankets in general is needed.
However, this information has been provided in FSAW 00-09, as described
previously. Therefore, we have determined that no SAIB specific to AN-
26 is necessary.
Clarification of Compliance Language
We have slightly revised the wording in paragraph (c)(1) of this AD
to reflect currently used compliance language. That is, we have
replaced the reference to ``an original Airworthiness Certificate''
with a reference to ``an original standard Airworthiness Certificate.''
Clarification of Unsafe Condition
We have revised the unsafe condition in this AD to state, ``Such
insulation blankets could ignite and propagate a fire that is the
result of electrical arcing
[[Page 66504]]
or sparking.'' We find that including the word ``ignite'' further
clarifies the unsafe condition of this AD.
Costs of Compliance
This final cost analysis incorporates industry's comments, updated
fleet data, and a changed assumption on the future fleet service. This
AD affects 669 U.S. registered airplanes (Back Aviation Solutions,
Fleet iNET database, January 5, 2007), 41 of which are foreign
operated. We estimate compliance cost for the 628 U.S. operated and
registered airplanes only. The number of airplanes is reduced from
those in the NPRM because of airplane retirements or changes from U.S.
to foreign operation. A substantial decrease in estimated cost results
from the net change of increasing parts and labor cost, but reduced
number of airplanes, and a changed assumption of service for the future
fleet.
Boeing commented to the docket that nonrecurring engineering design
costs of defining new blanket parts and defining removal and
replacement kits were not accounted for in the NPRM. Across the five
major models addressed in this AD, Boeing estimates 40,000 part numbers
would need to be redefined and replaced. Boeing estimates a minimum of
eight hours/part to account for the required engineering, planning,
procurement, tooling, and changes in ``Instructions for Continued
Airworthiness.'' ATA also noted non-recurring engineering costs should
be accounted for and estimated material costs would be over twice the
estimates given in the NPRM. UPS commented that the parts costs for a
757-200PF would be approximately triple the estimate given in the NPRM.
In response to these comments, we revised estimates of material cost
for all affected airplanes and increased our original estimates by
9.7%. More importantly, to account for non-recurring engineering costs,
we then doubled our revised parts cost estimates. This results in an
estimate of $30.4 million for non-recurring engineering costs (average
of $48,392 per airplane times 628 airplanes). If we estimate the
engineering wage rate at $100 per hour, this is close to the value of
Boeing's estimate of non-recurring engineering costs: 40,000 x 8 x $100
= $32 million, or $50,955 per airplane.
UPS commented that our labor hour estimate was too low for Model
757-200PF airplanes, but ATA commented that our estimates of labor
hours were consistent with operator experience with the MPET ADs.
Accordingly, we have not changed our labor hour estimates. ATA
estimated labor rates would be up to 30 percent higher than the $65
hourly rate given in the NPRM for this final rule. We increased our
wage rate estimate to $80 an hour. FedEx noted that the NPRM did not
take into consideration additional out-of-service maintenance time
necessary for compliance. ATA provided an estimate of an average of 3.6
days of out-of-service time per airplane and also a cost estimate for
out-of-service time. We accept ATA's estimate of 3.6 days of out-of-
service time per airplane. We estimate out-of-service cost as the
opportunity cost of capital: Airplane value \2\ x Proportion of a year
the airplane is out of service (3.6/365) x Productive return on capital
(0.07).\3\
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\2\ Airliner Price Guide, vol. 57, January 2006.
\3\ A 7% return on capital is required by the Office of
Management & Budget. See OMB, Circular A-94, ``Guidelines and
Discount Rates for Benefit-Cost Analysis of Federal Programs'',
October, 29, 1992, p. 8 (https://www.whitehouse.gov/omb/circulars/
index.html).
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The NPRM overestimated compliance cost by not taking into account
the fact that passenger airplanes eventually will be retired from
passenger service. This omission was particularly consequential, as the
affected airplanes are old, having been delivered into service over the
period July 1981 to December 1989. As of January 1, 2009, the youngest
airplane in the AD fleet will be 20 years old. Historically, on average
airplanes leave passenger service at 25 years, either directly into
retirement or for conversion into cargo service. For the purposes of
this analysis, we convert all passenger airplanes into cargo airplanes
at 25 years. This conversion to cargo service greatly reduces the
estimated cost of the AD as our estimate of the direct material and
labor costs for cargo airplanes is just 40% of those costs for
passenger airplanes. Still, this cost estimate is substantially higher
than assuming the airplanes retire at 25 years of service. Given the
eight-year compliance period for the final rule, all passenger
airplanes in the AD fleet will reach 25 years of passenger service at
most three years prior to the end of the compliance period, at which
time we assume they will be converted into cargo service.
In the table, ``Cost of compliance,'' the NPRM cost estimates are
modified and expanded in accordance with the above discussion. ``Labor
hours per airplane'' is unchanged, but ``Labor cost per airplane''
increases because of the increase in the labor hourly rate from $65 to
$80. ``Parts cost per airplane'' has been increased by 9.7% to reflect
increased material cost. ``Labor costs per airplane'' and ``Parts costs
per airplane'' are summed to obtain the column of ``Total remove &
replace cost per airplane.'' This cost is multiplied by the number of
airplanes \4\ to obtain ``U.S. fleet remove & replace cost.'' ``Out-of-
service cost per airplane'' \5\ is calculated as an opportunity cost of
capital and multiplied by the number of airplanes to obtain the
following column of ``Total out-of-service cost.'' ``Total out-of-
service cost'' added to ``Total remove & replace cost per airplane''
equals ``Total Cost.'' Since we have no information on these
maintenance schedules by operator or airplane model, we assume that an
equal number of the affected airplanes will undergo heavy maintenance
at the end of each of the eight years from the effective date of the
AD.\6\ Accordingly, we calculate ``Present Value Total Cost'' in the
table by discounting ``Total Cost'' by the average (0.7464) of the 7%
discount factors for one through eight years.\7\ As noted earlier in
the preamble, compliance time was increased to 8 years to more closely
agree with operators' heavy maintenance schedules.
---------------------------------------------------------------------------
\4\ Back Aviation Solutions, Fleet iNET database, January 5,
2007.
\5\ For the 767-200 freighter category, airplane values were not
available for 26 airplanes. Accordingly, out-of-service cost per
airplane was estimated using airplane values for the remaining 16
airplanes in the category.
\6\ This assumption is largely consistent with passenger
airplanes complying later in the compliance period than cargo
airplanes in order to extend their lives in passenger service to 25
years.
\7\ OMB, Circular A-94, p. 8.
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We estimate the total cost of the final rule to be about $177.7
million, with a present value of about $140.8 million. The $177.7
million total cost is 53 percent of the $334.1 million total cost
estimated in the NPRM. Thus, even though our estimated labor rate has
increased by 23.1% and we have more than doubled our estimates of parts
cost, our estimate of total cost is much lower because of a reduction
in the number of affected airplanes and, most importantly, because of
the much lower AD costs for cargo airplanes compared to passenger
airplanes.\8\
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\8\ The cost of the rule may be somewhat lower than estimated to
the extent that airplanes go directly into retirement at age 25
rather than converting to cargo service as assumed here. Moreover,
even if an old airplane is not due for retirement, the operator will
still retire if more economical than compliance, in which case the
costs of the rule will also be less than assumed here.
[[Page 66505]]
Table--Cost of Compliance
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Remove and replace parts & labor cost Out-of-service cost
-----------------------------------------------------------------------------------------------
Total Present
Model Mechanic Labor cost Parts cost remove & U.S. fleet Out-of- Total out- Total cost value total Total cost
hours per per per replace Number remove & service of-service cost per AP
airplane airplane airplane cost per of APs replace cost per cost
AP cost AP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
727-200 (& variants)....................................... 1,618 $129,440 $69,966 $199,406 39 $7,776,834 $1,354 $52,823 $7,829,657 $5,844,153 $200,760
737-200, 737-200C, 737-300, 737-400 (& variants)........... 1,483 118,640 64,136 182,776 319 58,305,544 3,444 1,098,651 59,404,195 44,340,023 186,220
747-100, 747-200, 747-300, 747-400, 747SR, 747SP (& 5,933 474,640 256,542 731,182 42 30,709,644 7,414 311,382 31,021,026 23,154,476 738,596
variants).................................................
757-200 (& variants)....................................... 2,256 180,480 97,544 278,024 120 33,362,880 5,946 713,491 34,076,371 25,435,023 283,970
767-200 and 767-300 (& variants)........................... 3,236 258,880 139,932 398,812 108 43,071,696 6,636 716,702 43,788,398 32,684,199 405,448
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Total/weighted average................................. 2,238 179,054 96,785 275,839 628 173,226,598 4,607 2,893,050 176,119,648 131,457,874 280,445
wt. ave. wt. ave. wt. ave. wt. ave. total total wt. ave. total total total wt. ave.
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[[Page 66506]]
Explanation of Change to Paragraph (f)(1) of This AD
We have revised paragraph (f)(1) of this AD to remove reference to
the ``applicable maintenance manual procedures.'' Instead, paragraph
(f)(1) of this AD specifies to ``Remove all insulation blankets from
the pressurized areas of the fuselage and install new insulation
blankets using a method approved by the Manager, Seattle Aircraft
Certification Office (ACO), FAA.'' Operators should note that while
their existing maintenance manuals should be sufficient for
accomplishing the actions required by paragraph (f)(1) of this AD, they
must contact the Manager, Seattle ACO, for information regarding
approval of these procedures for compliance with paragraph (f)(1) of
this AD.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.
Final Regulatory Flexibility Analysis
A. Introduction and Purpose of This Analysis
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives o