Airworthiness Directives; The Boeing Company Airplanes, 33193-33197 [2013-12717]

Download as PDF 33193 Rules and Regulations Federal Register Vol. 78, No. 107 Tuesday, June 4, 2013 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2012–0856; Directorate Identifier 2012–NM–093–AD; Amendment 39–17464; AD 2013–11–04] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. wreier-aviles on DSK5TPTVN1PROD with RULES AGENCY: SUMMARY: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747–100, 747–100B, 747–100B SUD, 747–200B, 747–200F, 747–300, 747–400, 747– 400D, 747–400F, 747SR, and 747SP series airplanes; Model 767–200, –300, –300F, and –400ER series airplanes; and Model 777–200, –200LR, –300, and –300ER series airplanes. This AD was prompted by operator or in-service reports of burned Boeing Material Specification (BMS) 8–39 urethane foam, and a report from the airplane manufacturer indicating that airplanes were assembled, throughout various areas of the airplane (including flight deck and cargo compartments), with seals made of BMS 8–39 urethane foam, a material with fire-retardant properties that deteriorate with age. This AD requires replacing certain seals made of BMS 8–39 urethane foam. We are issuing this AD to prevent the failure of urethane seals to maintain sufficient Halon concentrations in the cargo compartments to extinguish or contain fire or smoke, and to prevent penetration of fire or smoke in areas of the airplane that are difficult to access for fire and smoke detection or suppression. DATES: This AD is effective July 9, 2013. VerDate Mar<15>2010 15:17 Jun 03, 2013 Jkt 229001 The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of July 9, 2013. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206–544–5000, extension 1; fax 206–766–5680; Internet https:// www.myboeingfleet.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Examining the AD Docket You may examine the AD docket on the Internet at http:// 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 (phone: 800–647–5527) is 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: Eric M. Brown, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM–150S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6476; fax: 425–917– 6590; email: Eric.M.Brown@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM published in the Federal Register on August 21, 2012 (77 FR 50411). That NPRM proposed to require replacing seals made of BMS 8–39 urethane foam in certain areas of the airplane. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 received on the proposal (77 FR 50411, August 21, 2012) and the FAA’s response to each comment. Request for Safety Determination United Parcel Service (UPS) noted that the proposed actions specified in the NPRM (77 FR 50411, August 21, 2012) affect a relatively small quantity of small parts in the airplane, and that the referenced sources of service information were not identified as ‘‘alert’’ service bulletins. UPS therefore requested additional information on the risk assessment that was done to determine that those parts pose a significant risk to flight safety. We agree to provide additional information to support the need to issue the AD as proposed. The intent of the AD, as explained in the NPRM (77 FR 50411, August 21, 2012), is to prevent penetration of smoke or fire in areas of the airplane that are difficult to access for fire and smoke detection or suppression. Further, BMS 8–39 fire properties degrade over time and may result in BMS 8–39 material becoming a fuel source for an ignition event in hidden parts of the airplane. The FAA made this safety determination based on tests of aged BMS 8–39 material and inservice experience that demonstrated that this material may propagate a fire when exposed to an ignition source. We have therefore determined that it is necessary to proceed with issuing the final rule. Request To Clarify Re-Installation Restrictions Boeing and United Airlines (UAL) requested that we revise paragraph (i) of the NPRM (77 FR 50411, August 21, 2012), which proposed to prohibit installation of BMS 8–39 foam seals on any airplane. Noting that paragraph (g) of the NPRM would require seal replacement only in certain areas of the airplane, the commenters requested that paragraph (i) of the NPRM be revised to explicitly identify the areas that are subject to re-installation restrictions. UPS noted that not all BMS 8–39 foam is removed from the airplane as part of the rework as specified in Boeing Special Attention Service Bulletin 747– 25–3381, Revision 1, dated May 17, 2012; and Boeing Special Attention Service Bulletin 767–25–0381, Revision 1, dated September 17, 2012. Those service bulletins state that the foam is ‘‘not replaced in areas where it is E:\FR\FM\04JNR1.SGM 04JNR1 33194 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations encapsulated by a protective fire resistant barrier or where it is physically isolated from an ignition source.’’ UPS was concerned that BMS 8–39 foam may be used to replace damaged foam in these encapsulated areas, creating noncompliance with paragraph (i) of the NPRM (77 FR 50411, August 21, 2012). We agree with the request. The intent of paragraph (i) of this AD is to maintain the level of safety established by the corrective action of this AD, not to prohibit BMS 8–39 installation in locations excluded by this AD. We have revised paragraph (i) in this final rule accordingly. wreier-aviles on DSK5TPTVN1PROD with RULES Request To Allow Re-Installation During Maintenance UPS requested that we revise paragraph (i) of the NPRM (77 FR 50411, August 21, 2012) to allow re-installation of items removed for access without the need to replace serviceable BMS 8–39 foam seals before the proposed rework is done. UPS suggested adding the following sentence: ‘‘Parts removed and reinstalled to facilitate maintenance, or removed, repaired in accordance with the approved manuals, and reinstalled, on the same airplane are not affected by this rule.’’ We acknowledge the commenter’s concern, and agree to clarify the requirement. Once we have determined that an unsafe condition exists, an AD generally specifies not to allow that condition to be introduced into the fleet. Although the word ‘‘install’’ is generally considered to be broader than the word ‘‘replace,’’ operators can interpret ‘‘install’’ in this AD as meaning ‘‘replace’’ and still meet the intent of paragraph (i) of this AD (‘‘Parts Installation Prohibition’’). By simply reinstalling a part removed during maintenance, the operator is not ‘‘installing’’ a different part. Therefore, the AD allows operators to remove a part to gain access, and then re-install that same part for other maintenance activities not associated with the AD. Request To Supplement Service Information UPS noted that the number and location of affected foam insulation parts are not specified in Boeing Special Attention Service Bulletin 747–25– 3381, Revision 1, dated May 17, 2012; or Boeing Special Attention Service Bulletin 767–25–0381, Revision 1, dated September 17, 2012. This leaves the decision to remove and replace insulation to the mechanic. UPS added that those service bulletins do not clearly depict the affected parts, whereas typical AD-related service bulletins are very specific as to the VerDate Mar<15>2010 15:17 Jun 03, 2013 Jkt 229001 location, quantity, and condition being addressed. UPS asserted that neither of these service bulletins has the expected level of detail necessary to prevent the risk of noncompliance. We infer that the commenter is requesting additional AD instructions to supplement the service bulletins. We disagree. The level of detail necessary to comply with the requirements of the AD is clear in Boeing Special Attention Service Bulletin 747–25–3381, Revision 1, dated May 17, 2012; and Boeing Special Attention Service Bulletin 767– 25–0381, Revision 1, dated September 17, 2012. These service bulletins cannot provide specific information for every airplane because the location of the parts may not be identical on every airplane. Therefore, these service bulletins may not provide explicit directions regarding the location of the parts needed to be removed; instead the service bulletins provide inspection procedures to locate those parts. Once the affected parts are located, operators can document the parts/locations as necessary to ensure that compliance with the AD is maintained in the future. Because the service information is adequate to perform the required tasks, we have not changed the final rule regarding this issue. Request To Clarify Service Information Paragraph (i) of the NPRM (77 FR 50411, August 21, 2012) would prohibit installing a BMS 8–39 urethane foam seal on any airplane as of the effective date of the AD. UPS stated that, in many cases, Boeing has given unique part numbers to the new seals, but has not changed the assembly part numbers of the associated line replaceable units (LRUs). UPS added that certain modifications (such as the installation of felt on Model 767 airplanes per Figure 18 of Boeing Special Attention Service Bulletin 767–25–0381, Revision 1, dated September 17, 2012) identified in the associated service bulletins do not bear specific part numbers and are unrelated to the installation of BMS 8– 39. UPS stated that Boeing has not provided any revisions to the illustrated parts catalog (IPC) or airplane maintenance manual (AMM) associated with the service bulletin changes. Without such manual support, UPS asserted that there are no industry controls in place to effectively maintain a post-modification configuration. We infer that the commenter is requesting that we revise the NPRM (77 FR 50411, August 21, 2012) to clarify the referenced procedures and parts. We disagree. Operators are required to both comply with the AD requirements and have controls in place to effectively PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 maintain the configuration of their airplanes. The IPC and AMM are not FAA approved and are not used to control the configuration of the airplane. Operators can, however, request from Boeing any updated documents that would facilitate the maintenance of the AD-mandated configuration. We have not changed the final rule regarding this issue. Request To Cite Latest Service Information Paragraphs (c)(2) and (g)(2) of the NPRM (77 FR 50411, August 21, 2012) referred to Boeing Special Attention Service Bulletin 767–25–0381, dated August 19, 2010, as the appropriate source for the applicability and service information for Model 767 airplanes. UAL requested that we revise the NPRM to refer to the recently revised service bulletin: Boeing Special Attention Service Bulletin 767–25–0381, Revision 1, dated September 17, 2012. We agree. Boeing Special Attention Service Bulletin 767–25–0381, Revision 1, dated September 17, 2012, changes certain airplane groups and provides other administrative changes, but adds no work for any affected airplane. We have revised paragraphs (c)(2) and (g)(2) in this the final rule accordingly. We have also added new paragraph (h)(2) in this final rule to provide credit for actions done on affected airplanes in accordance with Boeing Special Attention Service Bulletin 767–25– 0381, dated August 19, 2010. Request To Delay AD Issuance Pending Revised Service Information UPS reported that it has submitted service bulletin comments and questions directly to Boeing and requested that the FAA permit Boeing to address these concerns by revising the referenced service information before issuing the final rule. We disagree. Delaying issuance of the AD would negatively affect safety. If the commenter has a specific concern with the ability to comply with the AD, we will consider requests to approve specific procedures for compliance under the provisions of paragraph (j) of this AD, if sufficient data are submitted to substantiate that the procedures would provide an acceptable level of safety. Request To Consider Information Notices UAL questioned whether the AD will cover the changes introduced by two Information Notices (INs): Boeing Service Bulletin 777–25–0362 IN 01, dated February 27, 2012; and Boeing E:\FR\FM\04JNR1.SGM 04JNR1 33195 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations Service Bulletin 777–25–0362 IN 02, dated August 14, 2012. We have not changed the final rule to refer to the INs, which are for information only. The INs do not affect compliance with the final rule. Request To Extend Compliance Time All Nippon Airways (ANA) requested that we revise the NPRM (77 FR 50411, August 21, 2012) to extend the compliance time from 72 months to 88 months to correspond to ANA’s 4C check interval. ANA reported that removal of stowage bins and other cabin items, typically done as part of the 4C check, would allow access to the areas affected by the NPRM. But with the 72month compliance time, as proposed, ANA asserted that additional tasks would be necessary to get access to those areas, and would add work-hours and large costs for most of its fleet. We acknowledge ANA’s concern, but do not agree with the request. In developing an appropriate compliance time for this action, we considered the urgency associated with the subject unsafe condition, the availability of required parts, and the practical aspect of accomplishing the required seal replacement within a period of time that corresponds to the normal scheduled maintenance for most affected operators. Under the provisions of paragraph (j) of this AD, however, we will consider requests to approve an extension of the compliance time if sufficient data are submitted to substantiate that the new compliance time would provide an acceptable level of safety. We have not changed the AD in this regard. Request To Exclude Certain Airplanes The NPRM (77 FR 50411, August 21, 2012) stated that deteriorated BMS 8–39 urethane foam seals in a cargo compartment compromise the Halon retention and smoke- and fire-blocking capabilities of the cargo compartment. UPS reported that its Model 767–300F package freighters are not equipped with Class C cargo compartments and do not have issues with containment of Halon. We infer that the commenter is requesting that we revise the applicability to remove airplanes that do not have Class C cargo compartments. We disagree. The unsafe condition identified in this AD—penetration of smoke/fire in areas of the airplane that are difficult to access for fire/smoke detection or suppression—is not limited to airplanes equipped with Halon fire suppression. In addition, BMS 8–39 fire retardant properties, which deteriorate over time, can provide a fuel source for an ignition event in hidden areas of the airplane. We have therefore determined that UPS’s package freighters are subject to the identified unsafe condition. We have not changed the final rule regarding this issue. Request To Revise Inspection Requirement Paragraph (g)(1) in the NPRM (77 FR 50411, August 21, 2012) would require replacement of the BMS 8–39 urethane foam seals with BMS 8–371 insulation foam or BMS 1–68 silicone foam rubber seals, in accordance with Boeing Special Attention Service Bulletin 747–25– 3381, Revision 1, dated May 17, 2012. Japan Airlines (JAL) noted that these actions include removal of a certain foam pad, as specified in Figure 16, View 1, of that service bulletin. JAL reported that the cargo light part number BR7203–701 does not contain any foam, and no foam was found installed around the cargo light. JAL concluded that it cannot identify the existence of the foam pad and therefore requested that we revise the NPRM to specify that this removal step would apply only if the foam pad exists. We agree to provide clarification on this issue. We have determined that some sort of padding should exist near the cargo light. If the pad has been removed, however, the operator can request approval of an alternative method of compliance for appropriate procedures in accordance with the provisions of paragraph (j) of this AD. We have not changed the final rule regarding this issue. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously— and minor editorial changes. We have determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM (77 FR 50411, August 21, 2012) for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM (77 FR 50411, August 21, 2012). We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. Costs of Compliance We estimate that this AD affects 694 airplanes of U.S. registry. We estimate the following costs to comply with this AD: ESTIMATED COSTS Cost on U.S. operators Action Labor cost Parts cost Cost per product Replacement—165 Model 747 airplanes. Replacement—399 Model 767 airplanes. Replacement—130 Model 777 airplanes. Up to 432 work-hours × $85 per hour = $36,720. Up to 72 work-hours × $85 per hour = $6,120. 16 work-hours × $85 per hour = $1,360. Up to $6,162 .......... Up to $42,882 ........ Up to $7,075,530. Up to $3,967 .......... Up to $10,087 ........ Up to $4,024,713. $1,038 .................... $2,398 .................... $311,740. wreier-aviles on DSK5TPTVN1PROD with RULES 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. VerDate Mar<15>2010 15:17 Jun 03, 2013 Jkt 229001 We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a E:\FR\FM\04JNR1.SGM 04JNR1 33196 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), (3) Will not affect intrastate aviation in Alaska, and (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. 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 airworthiness directive (AD): ■ 2013–11–04 The Boeing Company: Amendment 39–17464; Docket No. FAA–2012–0856; Directorate Identifier 2012–NM–093–AD. (a) Effective Date This AD is effective July 9, 2013. wreier-aviles on DSK5TPTVN1PROD with RULES (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company airplanes, certificated in any category, identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD. (1) Model 747–100, 747–100B, 747–100B SUD, 747–200B, 747–200F, 747–300, 747– 400, 747–400D, 747–400F, 747SR, and 747SP series airplanes, as identified in Boeing Special Attention Service Bulletin 747–25– 3381, Revision 1, dated May 17, 2012. (2) Model 767–200, –300, –300F, and –400ER series airplanes, as identified in Boeing Special Attention Service Bulletin 767–25–0381, Revision 1, dated September 17, 2012. (3) Model 777–200, –200LR, –300, and –300ER series airplanes, as identified in VerDate Mar<15>2010 15:17 Jun 03, 2013 Jkt 229001 Boeing Special Attention Service Bulletin 777–25–0362, dated August 19, 2010. (d) Subject Joint Aircraft System Component (JASC)/ Air Transport Association (ATA) of America Code 25, Equipment/furnishings. (e) Unsafe Condition This AD was prompted by reports of burned Boeing Material Specification (BMS) 8–39 urethane foam, and a report from the airplane manufacturer indicating that airplanes were assembled, throughout various areas of the airplane (including flight deck and cargo compartments), with seals made of BMS 8–39 urethane foam, a material with fire-retardant properties that deteriorate with age. We are issuing this AD to prevent the failure of urethane seals to maintain sufficient Halon concentrations in the cargo compartments to extinguish or contain fire or smoke, and to prevent penetration of fire or smoke in areas of the airplane that are difficult to access for fire and smoke detection or suppression. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) BMS 8–39 Urethane Foam Seal Replacements Within 72 months after the effective date of this AD, do the actions specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD, as applicable. (1) For Model 747–100, 747–100B, 747– 100B SUD, 747–200B, 747–200F, 747–300, 747–400, 747–400D, 747–400F, 747SR, and 747SP series airplanes: Replace the BMS 8– 39 urethane foam seals (including doing a general visual inspection of the airplane sidewalls for air baffles, and of the BMS 8– 39 urethane foam for penetrations (e.g., wire penetrations)) with BMS 8–371 insulation foam or BMS 1–68 silicone foam rubber seals, as applicable, in accordance with the Accomplishment Instructions and Appendix A, as applicable, of Boeing Special Attention Service Bulletin 747–25–3381, Revision 1, dated May 17, 2012. (2) For Model 767–200, –300, –300F, and –400ER series airplanes: Perform a general visual inspection for the presence of BMS 8– 39 urethane foam, cover the BMS 8–39 foam with cargo liner joint sealing tape in certain areas, replace certain BMS 8–39 foam pads with Nomex felt in certain areas, and replace BMS 8–39 urethane foam seals with BMS 8– 371 insulation foam or BMS 1–68 silicone foam rubber seals, as applicable, in accordance with the Accomplishment Instructions and Appendix A, as applicable, of Boeing Special Attention Service Bulletin 767–25–0381, Revision 1, dated September 17, 2012. (3) For Model 777–200, –200LR, –300, and –300ER series airplanes: Replace BMS 8–39 urethane foam seals with BMS 1–68 silicone foam rubber seals in the forward and aft cargo compartments of the airplane, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 777–25–0362, dated August 19, 2010. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 (h) Credit for Previous Actions (1) For Groups 4 and 5 airplanes, as identified in Boeing Special Attention Service Bulletin 747–25–3381, Revision 1, dated May 17, 2012: This paragraph provides credit for the actions required by paragraph (g)(1) of this AD, if those actions were done before the effective date of this AD using Boeing Special Attention Service Bulletin 747–25–3381, dated August 19, 2010. (2) For Model 767 airplanes: This paragraph provides credit for the actions required by paragraph (g)(2) of this AD, if those actions were done before the effective date of this AD using Boeing Special Attention Service Bulletin 767–25–0381, dated August 19, 2010. (i) Parts Installation Prohibition As of the effective date of this AD, no person may install a BMS 8–39 urethane foam seal in any location identified in paragraphs (g)(1), (g)(2), and (g)(3), as applicable, of this AD. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (k) Related Information (1) For more information about this AD, contact Eric M. Brown, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM–150S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917– 6476; fax: 425–917–6590; email: Eric.M.Brown@faa.gov. (2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206– 544–5000, extension 1; fax 206–766–5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. E:\FR\FM\04JNR1.SGM 04JNR1 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations (i) Boeing Special Attention Service Bulletin 747–25–3381, Revision 1, dated May 17, 2012. (ii) Boeing Special Attention Service Bulletin 767–25–0381, Revision 1, dated September 17, 2012. (iii) Boeing Special Attention Service Bulletin 777–25–0362, dated August 19, 2010. (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206– 544–5000, extension 1; fax 206–766–5680; Internet https://www.myboeingfleet.com. (4) You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to http:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Renton, Washington, on May 16, 2013. Jeffrey E. Duven, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2013–12717 Filed 6–3–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2013–0455; Directorate Identifier 2013–CE–013–AD; Amendment 39–17461; AD 2013–11–01] RIN 2120–AA64 Examining the AD Docket Airworthiness Directives; Iniziative Industriali Italiane S.p.A. Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments wreier-aviles on DSK5TPTVN1PROD with RULES AGENCY: SUMMARY: We are adopting a new airworthiness directive (AD) for Iniziative Industriali Italiane S.p.A. Models Sky Arrow 650 TC, Sky Arrow 650 TCN, Sky Arrow 650TCS, and Sky Arrow 650TCNS airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as improper installation of the spherical bearing on the central hinge lever and a crack on the weld length of VerDate Mar<15>2010 15:17 Jun 03, 2013 Jkt 229001 the horizontal tail/elevator plane hinge assembly. We are issuing this AD to require actions to address the unsafe condition on these products. DATES: This AD is effective June 19, 2013. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of June 19, 2013. We must receive comments on this AD by July 19, 2013. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to http://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. For service information identified in this AD, contact Magnaghi Aeronautica S.p.A., Via G. Ferraris, 76, 80142 Napoli, Italy; telephone: + 39 081 5977 225; fax: + 39 081 5977 226; email: dtedesco@magnaghiaeronautica.it; Internet: www.magnaghiaeronautica.it. You may review copies of the referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329– 4148. You may examine the AD docket on the Internet at http://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 the Docket Office (telephone (800) 647– 5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4144; fax: (816) 329–4090; email: mike.kiesov@faa.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 33197 Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued AD No. 2013– 0073–E, dated March 21, 2013 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: During an inspection on elevator/stabilizer hinges, improper installation of the spherical bearing part number (P/N) SKF GE–10 on the central hinge lever and a crack on the weld length of the horizontal tail/elevator plane hinge assembly have been reported. This condition, if not detected and corrected, could lead to the loss of the main elevator control. To address this potential unsafe condition, Magnaghi Aeronautica issued Service Bulletin (SB–C) n. SB–005–2013–SKY ARROW to inspect the affected areas of the pitch flight control system. For the reasons described above, this AD requires inspection of the spherical bearing and the horizontal tail/elevator plane hinge assembly to detect any crack, signs of corrosion or improper installation, and accomplishment of the applicable corrective actions. The MCAI also requires sending a detailed report of any crack, signs of corrosion, or improper installation found during the required inspections to Magnaghi Aeronautica S.p.A.; requesting an FAA-approved repair scheme; and incorporating the repair . You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Magnaghi Aeronautica SpA has issued Service Bulletin SB–C n. SB– 005–2013–SKY ARROW, Issue 1, dated March 13, 2013. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA’s Determination and Requirements of the AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. E:\FR\FM\04JNR1.SGM 04JNR1

Agencies

[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Rules and Regulations]
[Pages 33193-33197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12717]



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                                                Federal Register
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Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules 
and Regulations

[[Page 33193]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0856; Directorate Identifier 2012-NM-093-AD; 
Amendment 39-17464; AD 2013-11-04]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B, 
747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series 
airplanes; Model 767-200, -300, -300F, and -400ER series airplanes; and 
Model 777-200, -200LR, -300, and -300ER series airplanes. This AD was 
prompted by operator or in-service reports of burned Boeing Material 
Specification (BMS) 8-39 urethane foam, and a report from the airplane 
manufacturer indicating that airplanes were assembled, throughout 
various areas of the airplane (including flight deck and cargo 
compartments), with seals made of BMS 8-39 urethane foam, a material 
with fire-retardant properties that deteriorate with age. This AD 
requires replacing certain seals made of BMS 8-39 urethane foam. We are 
issuing this AD to prevent the failure of urethane seals to maintain 
sufficient Halon concentrations in the cargo compartments to extinguish 
or contain fire or smoke, and to prevent penetration of fire or smoke 
in areas of the airplane that are difficult to access for fire and 
smoke detection or suppression.

DATES: This AD is effective July 9, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of July 9, 2013.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://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 (phone: 800-647-5527) is 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: Eric M. Brown, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6476; fax: 425-917-6590; email: 
Eric.M.Brown@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM published in the Federal Register on August 21, 2012 (77 FR 
50411). That NPRM proposed to require replacing seals made of BMS 8-39 
urethane foam in certain areas of the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 50411, August 21, 2012) and the FAA's response to each comment.

Request for Safety Determination

    United Parcel Service (UPS) noted that the proposed actions 
specified in the NPRM (77 FR 50411, August 21, 2012) affect a 
relatively small quantity of small parts in the airplane, and that the 
referenced sources of service information were not identified as 
``alert'' service bulletins. UPS therefore requested additional 
information on the risk assessment that was done to determine that 
those parts pose a significant risk to flight safety.
    We agree to provide additional information to support the need to 
issue the AD as proposed. The intent of the AD, as explained in the 
NPRM (77 FR 50411, August 21, 2012), is to prevent penetration of smoke 
or fire in areas of the airplane that are difficult to access for fire 
and smoke detection or suppression. Further, BMS 8-39 fire properties 
degrade over time and may result in BMS 8-39 material becoming a fuel 
source for an ignition event in hidden parts of the airplane. The FAA 
made this safety determination based on tests of aged BMS 8-39 material 
and in-service experience that demonstrated that this material may 
propagate a fire when exposed to an ignition source. We have therefore 
determined that it is necessary to proceed with issuing the final rule.

Request To Clarify Re-Installation Restrictions

    Boeing and United Airlines (UAL) requested that we revise paragraph 
(i) of the NPRM (77 FR 50411, August 21, 2012), which proposed to 
prohibit installation of BMS 8-39 foam seals on any airplane. Noting 
that paragraph (g) of the NPRM would require seal replacement only in 
certain areas of the airplane, the commenters requested that paragraph 
(i) of the NPRM be revised to explicitly identify the areas that are 
subject to re-installation restrictions.
    UPS noted that not all BMS 8-39 foam is removed from the airplane 
as part of the rework as specified in Boeing Special Attention Service 
Bulletin 747-25-3381, Revision 1, dated May 17, 2012; and Boeing 
Special Attention Service Bulletin 767-25-0381, Revision 1, dated 
September 17, 2012. Those service bulletins state that the foam is 
``not replaced in areas where it is

[[Page 33194]]

encapsulated by a protective fire resistant barrier or where it is 
physically isolated from an ignition source.'' UPS was concerned that 
BMS 8-39 foam may be used to replace damaged foam in these encapsulated 
areas, creating noncompliance with paragraph (i) of the NPRM (77 FR 
50411, August 21, 2012).
    We agree with the request. The intent of paragraph (i) of this AD 
is to maintain the level of safety established by the corrective action 
of this AD, not to prohibit BMS 8-39 installation in locations excluded 
by this AD. We have revised paragraph (i) in this final rule 
accordingly.

Request To Allow Re-Installation During Maintenance

    UPS requested that we revise paragraph (i) of the NPRM (77 FR 
50411, August 21, 2012) to allow re-installation of items removed for 
access without the need to replace serviceable BMS 8-39 foam seals 
before the proposed rework is done. UPS suggested adding the following 
sentence: ``Parts removed and reinstalled to facilitate maintenance, or 
removed, repaired in accordance with the approved manuals, and 
reinstalled, on the same airplane are not affected by this rule.''
    We acknowledge the commenter's concern, and agree to clarify the 
requirement. Once we have determined that an unsafe condition exists, 
an AD generally specifies not to allow that condition to be introduced 
into the fleet. Although the word ``install'' is generally considered 
to be broader than the word ``replace,'' operators can interpret 
``install'' in this AD as meaning ``replace'' and still meet the intent 
of paragraph (i) of this AD (``Parts Installation Prohibition''). By 
simply re-installing a part removed during maintenance, the operator is 
not ``installing'' a different part. Therefore, the AD allows operators 
to remove a part to gain access, and then re-install that same part for 
other maintenance activities not associated with the AD.

Request To Supplement Service Information

    UPS noted that the number and location of affected foam insulation 
parts are not specified in Boeing Special Attention Service Bulletin 
747-25-3381, Revision 1, dated May 17, 2012; or Boeing Special 
Attention Service Bulletin 767-25-0381, Revision 1, dated September 17, 
2012. This leaves the decision to remove and replace insulation to the 
mechanic. UPS added that those service bulletins do not clearly depict 
the affected parts, whereas typical AD-related service bulletins are 
very specific as to the location, quantity, and condition being 
addressed. UPS asserted that neither of these service bulletins has the 
expected level of detail necessary to prevent the risk of 
noncompliance.
    We infer that the commenter is requesting additional AD 
instructions to supplement the service bulletins. We disagree. The 
level of detail necessary to comply with the requirements of the AD is 
clear in Boeing Special Attention Service Bulletin 747-25-3381, 
Revision 1, dated May 17, 2012; and Boeing Special Attention Service 
Bulletin 767-25-0381, Revision 1, dated September 17, 2012. These 
service bulletins cannot provide specific information for every 
airplane because the location of the parts may not be identical on 
every airplane. Therefore, these service bulletins may not provide 
explicit directions regarding the location of the parts needed to be 
removed; instead the service bulletins provide inspection procedures to 
locate those parts. Once the affected parts are located, operators can 
document the parts/locations as necessary to ensure that compliance 
with the AD is maintained in the future. Because the service 
information is adequate to perform the required tasks, we have not 
changed the final rule regarding this issue.

Request To Clarify Service Information

    Paragraph (i) of the NPRM (77 FR 50411, August 21, 2012) would 
prohibit installing a BMS 8-39 urethane foam seal on any airplane as of 
the effective date of the AD. UPS stated that, in many cases, Boeing 
has given unique part numbers to the new seals, but has not changed the 
assembly part numbers of the associated line replaceable units (LRUs). 
UPS added that certain modifications (such as the installation of felt 
on Model 767 airplanes per Figure 18 of Boeing Special Attention 
Service Bulletin 767-25-0381, Revision 1, dated September 17, 2012) 
identified in the associated service bulletins do not bear specific 
part numbers and are unrelated to the installation of BMS 8-39. UPS 
stated that Boeing has not provided any revisions to the illustrated 
parts catalog (IPC) or airplane maintenance manual (AMM) associated 
with the service bulletin changes. Without such manual support, UPS 
asserted that there are no industry controls in place to effectively 
maintain a post-modification configuration.
    We infer that the commenter is requesting that we revise the NPRM 
(77 FR 50411, August 21, 2012) to clarify the referenced procedures and 
parts. We disagree. Operators are required to both comply with the AD 
requirements and have controls in place to effectively maintain the 
configuration of their airplanes. The IPC and AMM are not FAA approved 
and are not used to control the configuration of the airplane. 
Operators can, however, request from Boeing any updated documents that 
would facilitate the maintenance of the AD-mandated configuration. We 
have not changed the final rule regarding this issue.

Request To Cite Latest Service Information

    Paragraphs (c)(2) and (g)(2) of the NPRM (77 FR 50411, August 21, 
2012) referred to Boeing Special Attention Service Bulletin 767-25-
0381, dated August 19, 2010, as the appropriate source for the 
applicability and service information for Model 767 airplanes. UAL 
requested that we revise the NPRM to refer to the recently revised 
service bulletin: Boeing Special Attention Service Bulletin 767-25-
0381, Revision 1, dated September 17, 2012.
    We agree. Boeing Special Attention Service Bulletin 767-25-0381, 
Revision 1, dated September 17, 2012, changes certain airplane groups 
and provides other administrative changes, but adds no work for any 
affected airplane. We have revised paragraphs (c)(2) and (g)(2) in this 
the final rule accordingly. We have also added new paragraph (h)(2) in 
this final rule to provide credit for actions done on affected 
airplanes in accordance with Boeing Special Attention Service Bulletin 
767-25-0381, dated August 19, 2010.

Request To Delay AD Issuance Pending Revised Service Information

    UPS reported that it has submitted service bulletin comments and 
questions directly to Boeing and requested that the FAA permit Boeing 
to address these concerns by revising the referenced service 
information before issuing the final rule.
    We disagree. Delaying issuance of the AD would negatively affect 
safety. If the commenter has a specific concern with the ability to 
comply with the AD, we will consider requests to approve specific 
procedures for compliance under the provisions of paragraph (j) of this 
AD, if sufficient data are submitted to substantiate that the 
procedures would provide an acceptable level of safety.

Request To Consider Information Notices

    UAL questioned whether the AD will cover the changes introduced by 
two Information Notices (INs): Boeing Service Bulletin 777-25-0362 IN 
01, dated February 27, 2012; and Boeing

[[Page 33195]]

Service Bulletin 777-25-0362 IN 02, dated August 14, 2012.
    We have not changed the final rule to refer to the INs, which are 
for information only. The INs do not affect compliance with the final 
rule.

Request To Extend Compliance Time

    All Nippon Airways (ANA) requested that we revise the NPRM (77 FR 
50411, August 21, 2012) to extend the compliance time from 72 months to 
88 months to correspond to ANA's 4C check interval. ANA reported that 
removal of stowage bins and other cabin items, typically done as part 
of the 4C check, would allow access to the areas affected by the NPRM. 
But with the 72-month compliance time, as proposed, ANA asserted that 
additional tasks would be necessary to get access to those areas, and 
would add work-hours and large costs for most of its fleet.
    We acknowledge ANA's concern, but do not agree with the request. In 
developing an appropriate compliance time for this action, we 
considered the urgency associated with the subject unsafe condition, 
the availability of required parts, and the practical aspect of 
accomplishing the required seal replacement within a period of time 
that corresponds to the normal scheduled maintenance for most affected 
operators. Under the provisions of paragraph (j) of this AD, however, 
we will consider requests to approve an extension of the compliance 
time if sufficient data are submitted to substantiate that the new 
compliance time would provide an acceptable level of safety. We have 
not changed the AD in this regard.

Request To Exclude Certain Airplanes

    The NPRM (77 FR 50411, August 21, 2012) stated that deteriorated 
BMS 8-39 urethane foam seals in a cargo compartment compromise the 
Halon retention and smoke- and fire-blocking capabilities of the cargo 
compartment. UPS reported that its Model 767-300F package freighters 
are not equipped with Class C cargo compartments and do not have issues 
with containment of Halon.
    We infer that the commenter is requesting that we revise the 
applicability to remove airplanes that do not have Class C cargo 
compartments. We disagree. The unsafe condition identified in this AD--
penetration of smoke/fire in areas of the airplane that are difficult 
to access for fire/smoke detection or suppression--is not limited to 
airplanes equipped with Halon fire suppression. In addition, BMS 8-39 
fire retardant properties, which deteriorate over time, can provide a 
fuel source for an ignition event in hidden areas of the airplane. We 
have therefore determined that UPS's package freighters are subject to 
the identified unsafe condition. We have not changed the final rule 
regarding this issue.

Request To Revise Inspection Requirement

    Paragraph (g)(1) in the NPRM (77 FR 50411, August 21, 2012) would 
require replacement of the BMS 8-39 urethane foam seals with BMS 8-371 
insulation foam or BMS 1-68 silicone foam rubber seals, in accordance 
with Boeing Special Attention Service Bulletin 747-25-3381, Revision 1, 
dated May 17, 2012. Japan Airlines (JAL) noted that these actions 
include removal of a certain foam pad, as specified in Figure 16, View 
1, of that service bulletin. JAL reported that the cargo light part 
number BR7203-701 does not contain any foam, and no foam was found 
installed around the cargo light. JAL concluded that it cannot identify 
the existence of the foam pad and therefore requested that we revise 
the NPRM to specify that this removal step would apply only if the foam 
pad exists.
    We agree to provide clarification on this issue. We have determined 
that some sort of padding should exist near the cargo light. If the pad 
has been removed, however, the operator can request approval of an 
alternative method of compliance for appropriate procedures in 
accordance with the provisions of paragraph (j) of this AD. We have not 
changed the final rule regarding this issue.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously-- and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 50411, August 21, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 50411, August 21, 2012).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 694 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Action                      Labor cost                 Parts cost                   Cost per product            Cost on U.S.  operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Replacement--165 Model 747          Up to 432 work-hours   Up to $6,162..................  Up to $42,882.................  Up to $7,075,530.
 airplanes.                          x $85 per hour =
                                     $36,720.
Replacement--399 Model 767          Up to 72 work-hours x  Up to $3,967..................  Up to $10,087.................  Up to $4,024,713.
 airplanes.                          $85 per hour =
                                     $6,120.
Replacement--130 Model 777          16 work-hours x $85    $1,038........................  $2,398........................  $311,740.
 airplanes.                          per hour = $1,360.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a

[[Page 33196]]

substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2013-11-04 The Boeing Company: Amendment 39-17464; Docket No. FAA-
2012-0856; Directorate Identifier 2012-NM-093-AD.

(a) Effective Date

    This AD is effective July 9, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company airplanes, certificated in 
any category, identified in paragraphs (c)(1), (c)(2), and (c)(3) of 
this AD.
    (1) Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200F, 
747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series 
airplanes, as identified in Boeing Special Attention Service 
Bulletin 747-25-3381, Revision 1, dated May 17, 2012.
    (2) Model 767-200, -300, -300F, and -400ER series airplanes, as 
identified in Boeing Special Attention Service Bulletin 767-25-0381, 
Revision 1, dated September 17, 2012.
    (3) Model 777-200, -200LR, -300, and -300ER series airplanes, as 
identified in Boeing Special Attention Service Bulletin 777-25-0362, 
dated August 19, 2010.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 25, Equipment/furnishings.

(e) Unsafe Condition

    This AD was prompted by reports of burned Boeing Material 
Specification (BMS) 8-39 urethane foam, and a report from the 
airplane manufacturer indicating that airplanes were assembled, 
throughout various areas of the airplane (including flight deck and 
cargo compartments), with seals made of BMS 8-39 urethane foam, a 
material with fire-retardant properties that deteriorate with age. 
We are issuing this AD to prevent the failure of urethane seals to 
maintain sufficient Halon concentrations in the cargo compartments 
to extinguish or contain fire or smoke, and to prevent penetration 
of fire or smoke in areas of the airplane that are difficult to 
access for fire and smoke detection or suppression.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) BMS 8-39 Urethane Foam Seal Replacements

    Within 72 months after the effective date of this AD, do the 
actions specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD, 
as applicable.
    (1) For Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-
200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series 
airplanes: Replace the BMS 8-39 urethane foam seals (including doing 
a general visual inspection of the airplane sidewalls for air 
baffles, and of the BMS 8-39 urethane foam for penetrations (e.g., 
wire penetrations)) with BMS 8-371 insulation foam or BMS 1-68 
silicone foam rubber seals, as applicable, in accordance with the 
Accomplishment Instructions and Appendix A, as applicable, of Boeing 
Special Attention Service Bulletin 747-25-3381, Revision 1, dated 
May 17, 2012.
    (2) For Model 767-200, -300, -300F, and -400ER series airplanes: 
Perform a general visual inspection for the presence of BMS 8-39 
urethane foam, cover the BMS 8-39 foam with cargo liner joint 
sealing tape in certain areas, replace certain BMS 8-39 foam pads 
with Nomex felt in certain areas, and replace BMS 8-39 urethane foam 
seals with BMS 8-371 insulation foam or BMS 1-68 silicone foam 
rubber seals, as applicable, in accordance with the Accomplishment 
Instructions and Appendix A, as applicable, of Boeing Special 
Attention Service Bulletin 767-25-0381, Revision 1, dated September 
17, 2012.
    (3) For Model 777-200, -200LR, -300, and -300ER series 
airplanes: Replace BMS 8-39 urethane foam seals with BMS 1-68 
silicone foam rubber seals in the forward and aft cargo compartments 
of the airplane, in accordance with the Accomplishment Instructions 
of Boeing Special Attention Service Bulletin 777-25-0362, dated 
August 19, 2010.

(h) Credit for Previous Actions

    (1) For Groups 4 and 5 airplanes, as identified in Boeing 
Special Attention Service Bulletin 747-25-3381, Revision 1, dated 
May 17, 2012: This paragraph provides credit for the actions 
required by paragraph (g)(1) of this AD, if those actions were done 
before the effective date of this AD using Boeing Special Attention 
Service Bulletin 747-25-3381, dated August 19, 2010.
    (2) For Model 767 airplanes: This paragraph provides credit for 
the actions required by paragraph (g)(2) of this AD, if those 
actions were done before the effective date of this AD using Boeing 
Special Attention Service Bulletin 767-25-0381, dated August 19, 
2010.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a BMS 
8-39 urethane foam seal in any location identified in paragraphs 
(g)(1), (g)(2), and (g)(3), as applicable, of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(k) Related Information

    (1) For more information about this AD, contact Eric M. Brown, 
Aerospace Engineer, Cabin Safety and Environmental Systems Branch, 
ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind 
Avenue SW., Renton, WA 98057-3356; phone: 425-917-6476; fax: 425-
917-6590; email: Eric.M.Brown@faa.gov.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.

[[Page 33197]]

    (i) Boeing Special Attention Service Bulletin 747-25-3381, 
Revision 1, dated May 17, 2012.
    (ii) Boeing Special Attention Service Bulletin 767-25-0381, 
Revision 1, dated September 17, 2012.
    (iii) Boeing Special Attention Service Bulletin 777-25-0362, 
dated August 19, 2010.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
    (4) You may review copies of the referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 16, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-12717 Filed 6-3-13; 8:45 am]
BILLING CODE 4910-13-P