Airworthiness Directives; The Boeing Company Airplanes, 52257-52260 [2020-18491]
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Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Rules and Regulations
Issued on August 13, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–18488 Filed 8–24–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0690; Project
Identifier AD–2020–00860–T; Amendment
39–21207; AD 2020–17–02]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
The Boeing Company Model 747–8 and
–8F series airplanes, and Model 787–8,
–9, and –10 airplanes. This AD requires
removing Kathon FP 1.5 biocide from
the fuel tanks and engines, installing a
fuel limitation placard, and revising the
existing airplane flight manual (AFM) to
prohibit operation of the airplane with
Kathon FP 1.5 biocide in a fuel tank or
engine. This AD was prompted by a
report indicating that Kathon FP 1.5
biocide added to fuel and running
through the engines can lead to
significant engine anomalies. The FAA
is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective August 25,
2020.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of August 25, 2020.
The FAA must receive comments on
this AD by October 9, 2020.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
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SUMMARY:
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For service information identified in
this final rule, contact Boeing
Commercial Airplanes, Attention:
Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110–SK57,
Seal Beach, CA 90740–5600; telephone
562–797–1717; internet https://
www.myboeingfleet.com. You may view
this service information at the FAA,
Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–0690.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0690; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
any comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tak
Kobayashi, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3553; email: takahisa.kobayashi@
faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA has received a report
indicating that a The Boeing Company
Model 787 airplane equipped with
General Electric Company (GE) GEnx–
1B model turbofan engines experienced
temporary thrust anomalies on both
engines during descent into Kansai
International Airport in Japan, on March
29, 2019. Specifically, both engines
briefly fell below idle thrust, and the
flightcrew received failure messages for
both engines.
The FAA’s review of the data from
this incident indicated the thrust
anomalies resulted from fuel control
instability. The fuel tanks of the event
airplane had recently been treated with
Kathon FP 1.5 biocide for suspected
microbial growth contamination. Salt
crystals can form in the fuel under
certain conditions after Kathon FP 1.5
biocide is applied. These salt crystals
have the potential to cause slow
response of engine hydromechanical
control features, resulting in compressor
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52257
stalls or flameouts, potentially on both
engines.
This condition, if not addressed,
could result in malfunction of the
engine’s control system
hydromechanical unit due to
undispersed Kathon FP 1.5 biocide
contaminating and restricting the
movement of internal parts. Because the
fuel systems for both engines on an
affected airplane are likely to be
similarly affected, there is the potential
for loss of thrust control on both
engines. Loss of thrust control on both
engines could result in failure to climb
on takeoff, a forced off-airport landing,
or an unacceptably high flightcrew
workload.
However, after this biocide is added
to the fuel tanks, adding fuel without
biocide diminishes the hazard.
Eventually, after the tanks have been
refilled a sufficient number of times
with untreated fuel, enough of the
treated fuel would be dissipated, and
the unsafe condition would be removed.
Specifically, Boeing determined that
operating the airplane, or any individual
engine, for at least 30 flight cycles,
while adding only fuel that has not been
treated with this biocide, would flush
the biocide from the fuel tank system
and the engines. The FAA finds this
number of flight cycles to be sufficiently
conservative, and therefore has
incorporated it the requirements of this
AD.
The FAA’s analysis of the risks posed
by this issue has been ongoing, as has
the information available to the agency.
On March 10, 2020, the manufacturer of
Kathon FP 1.5 issued a letter
recommending an immediate halt of
using Kathon FP 1.5 biocide for aviation
fuel applications. A copy of that letter
is in the docket for this rulemaking. On
March 25, 2020, the FAA issued a
Special Airworthiness Information
Bulletin (SAIB), which is in the docket
for this rulemaking, regarding the use of
Kathon FP 1.5 and another biocide.
Most recently, on June 25, 2020, the
Japan Transport Safety Board issued an
‘‘Aircraft Serious Incident Investigation
Report’’ regarding the March 29, 2019
incident. That report is in the docket for
this rulemaking.
The engine and aircraft manufacturers
also evaluated the potential of Kathon
FP 1.5 biocide application resulting in
adverse effects on the engines besides
GEnx–1B model engines installed on
Model 787 airplanes. Based on this
evaluation, the FAA has determined
that the unsafe condition also exists on
The Boeing Company Model 747–8 and
–8F series airplanes powered by GEnx–
2B model engines.
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Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Rules and Regulations
Related Rulemaking
The FAA issued AD 2020–14–09,
Amendment 39–21163 (85 FR 42689,
July 15, 2020), for The Boeing Company
Model 737–8 and –9 airplanes to require
the same actions required by this AD.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing MultiOperator Messages MOM–MOM–20–
0577–01B, dated July 13, 2020; and
MOM–MOM–20–0578–01B, dated July
14, 2020. This service information
describes procedures for removing
Kathon FP 1.5 biocide from fuel tanks
and engines. These documents are
distinct since they apply to different
airplane models. This service
information is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
FAA’s Determination
The FAA is issuing this AD because
the agency evaluated all the relevant
information and determined the unsafe
condition described previously is likely
to exist or develop in other products of
the same type design.
AD Requirements
This AD requires removing Kathon FP
1.5 biocide from the fuel tanks and
engines, installing a fuel limitation
placard, and revising the existing AFM
to prohibit operation of the airplane
with Kathon FP 1.5 biocide in a fuel
tank or engine.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies
to dispense with notice and comment
procedures for rules when the agency,
for ‘‘good cause,’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without providing notice and
seeking comment prior to issuance.
Further, section 553(d) of the APA
authorizes agencies to make rules
effective in less than thirty days, upon
a finding of good cause.
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public and flightcrews justifies
forgoing notice and comment prior to
adoption of this rule because the
simultaneous loss of thrust control on
both engines, due to malfunction of the
engine’s control system
hydromechanical unit due to
undispersed Kathon FP 1.5 biocide
contaminating and restricting the
movement of internal parts, could result
in failure to climb on takeoff, a forced
off-airport landing, or an unacceptably
high flightcrew workload. In addition,
the compliance time for the required
action is shorter than the time necessary
for the public to comment and for
publication of the final rule. Therefore
this rule must be issued immediately, to
ensure the continued safe operation of
these airplanes. Accordingly, notice and
opportunity for prior public comment
are impracticable and contrary to the
public interest pursuant to 5 U.S.C.
553(b)(3)(B). In addition, the FAA finds
that good cause exists pursuant to 5
U.S.C. 553(d) for making this
amendment effective in less than 30
days, for the same reasons the FAA
found good cause to forgo notice and
comment.
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this AD contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this AD,
it is important that you clearly designate
the submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
will treat such marked submissions as
confidential under the FOIA, and they
will not be placed in the public docket
of this AD. Submissions containing CBI
should be sent to the person identified
in the FOR FURTHER INFORMATION
CONTACT section. Any commentary that
the FAA receives which is not
specifically designated as CBI will be
placed in the public docket for this
rulemaking.
Comments Invited
Regulatory Flexibility Act (RFA)
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under the ADDRESSES
section. Include the docket number
FAA–2020–0690 and Project Identifier
AD–2020–00860–T at the beginning of
your comments. The most helpful
comments refer to a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this final rule
The requirements of the RFA do not
apply when an agency finds good cause
pursuant to 5 U.S.C. 553 to adopt a rule
without prior notice and comment.
Because the FAA has determined that it
has good cause to adopt this rule
without notice and comment, RFA
analysis is not required.
because of those comments. Except for
Confidential Business Information (CBI)
as described in the following paragraph,
and other information as described in 14
CFR 11.35, the FAA will post all
comments received, without change, to
https://www.regulations.gov, including
any personal information you provide.
The FAA will also post a report
summarizing each substantive verbal
contact received about this final rule.
Confidential Business Information
Costs of Compliance
The FAA estimates that this AD
affects 137 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
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ESTIMATED COSTS
Cost per
product
Action
Labor cost
Kathon FP 1.5 biocide removal ........
Up to 24 work-hours × $85 per hour = Up to $2,040 ...
$30
Up to $2,070
Fueling placard installation ...............
AFM revision .....................................
1 work-hour × $85 per hour = $85 ...............................
1 work-hour × $85 per hour = $85 ...............................
50
0
135
85
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Parts cost
Sfmt 4700
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Cost on U.S.
operators
Up to
$283,590
18,495
11,645
Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Rules and Regulations
Authority for This Rulemaking
Adoption of the Amendment
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.
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
and
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(g) Removal of Kathon FP 1.5 Biocide
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2020–17–02 The Boeing Company:
Amendment 39–21207; Docket No.
FAA–2020–0690; Project Identifier AD–
2020–00860–T.
(a) Effective Date
This AD is effective August 25, 2020.
(b) Affected ADs
None.
(c) Applicability
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.
This AD applies to The Boeing Company
airplanes identified in paragraphs (c)(1) and
(2) of this AD.
(1) Model 747–8 and –8F series airplanes,
certificated in any category, with an original
standard airworthiness certificate or original
export certificate of airworthiness issued on
or before October 31, 2020.
(2) Model 787–8, –9, and –10 airplanes,
certificated in any category, with an original
standard airworthiness certificate or original
export certificate of airworthiness issued on
or before October 31, 2020, and equipped
with General Electric Model GEnx–1B
engines.
(d) Subject
(2) Will not affect intrastate aviation
in Alaska.
Air Transport Association (ATA) of
America Code 28, Fuel; 73, Engine.
List of Subjects in 14 CFR Part 39
(e) Unsafe Condition
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
This AD was prompted by a report that
Kathon FP 1.5 biocide, when used as a fuel
additive and running through the engines,
can lead to significant engine anomalies. The
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Comply with this AD within the
compliance times specified, unless already
done.
Sfmt 4725
(1) For airplanes identified in paragraphs
(g)(1)(i) and (ii) of this AD: Before further
flight, remove Kathon FP 1.5 biocide from the
fuel tanks and engines, as applicable, in
accordance with Boeing Multi-Operator
Message MOM–MOM–20–0577–01B, dated
July 13, 2020 (for Model 747–8 and –8F
series airplanes); or MOM–MOM–20–0578–
01B, dated July 14, 2020 (for Model 787–8,
–9, and –10 airplanes); as applicable.
(i) Airplanes that have operated for fewer
than 30 flight cycles after the last treatment
with Kathon FP 1.5 biocide.
(ii) Airplanes having any engine that has
operated for fewer than 30 flight cycles after
the last exposure to Kathon FP 1.5 biocide.
(2) No action is required by paragraph (g)
of this AD for the engines on which General
Electric confirmed via a GE Salesforce case
response that the engines are operating as
expected.
(h) Airplane Flight Manual (AFM) Revision
for Fuel Additive Limitation
Within 30 days after the effective date of
this AD, revise the Certificate Limitations
section of the existing Boeing 787 AFM or
Boeing 747–8 AFM to include the
information specified in figure 1 or 2 to
paragraph (h) of this AD, as applicable. This
may be done by inserting a copy of this AD
into the existing AFM. When a statement
identical to that in figure 1 or figure 2 to
paragraph (h) of this AD has been included
in the general revisions of the existing Boeing
787 AFM or Boeing 747–8 AFM, as
applicable, the general revisions may be
inserted into the existing AFM, and the copy
of this AD may be removed from the existing
AFM.
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Regulatory Findings
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
FAA is issuing this AD to prevent these
anomalies, which could result in loss of
thrust control on both engines because the
fuel systems for both engines are likely to be
similarly affected. Loss of thrust control on
both engines could result in failure to climb
on takeoff, a forced off-airport landing, or an
unacceptably high flightcrew workload.
(f) Compliance
1. The authority citation for part 39
continues to read as follows:
■
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
52259
Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Rules and Regulations
(i) Fueling Placard Installation
Concurrently with accomplishing the
actions required by paragraph (h) of this AD,
or within 30 days after the issuance of an
original standard airworthiness certificate or
original export certificate of airworthiness,
whichever occurs later: Install a placard with
letters having a minimum height of 0.20 inch
on white or light gray background containing
the text ‘‘DO NOT OPERATE ENGINE WITH
KATHONTM FP 1.5 BIOCIDE FUEL
ADDITIVE’’ on the interior area of the refuel
access panel in a location that allows
refueling personnel full view of the placard
text when the access door is open.
(j) Special Flight Permit
Special flight permits, as described in 14
CFR 21.197 and 21.199, are not allowed until
the applicable actions required by paragraph
(g) of this AD have been accomplished.
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(k) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (l) 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.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Seattle ACO Branch, FAA, to make
those findings. To be approved, the repair
method, modification deviation, or alteration
deviation must meet the certification basis of
the airplane, and the approval must
specifically refer to this AD.
(l) Related Information
For more information about this AD,
contact Tak Kobayashi, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines,
WA 98198; phone and fax: 206–231–3553;
email: takahisa.kobayashi@faa.gov.
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Jkt 250001
(m) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Multi-Operator Message MOM–
MOM–20–0577–01B, dated July 13, 2020.
(ii) Boeing Multi-Operator Message MOM–
MOM–20–0578–01B, dated July 14, 2020.
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; internet https://
www.myboeingfleet.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on August 6, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–18491 Filed 8–24–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0682; Product
Identifier 2020–NM–090–AD; Amendment
39–21202; AD 2020–16–18]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
PO 00000
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The FAA is adopting a new
airworthiness directive (AD) for all
Airbus SAS Model A310 series
airplanes. This AD was prompted by
reports of cracking found at certain
fuselage frames. This AD requires
repetitive inspections for discrepancies
of certain locations in and around the
fuselage and applicable corrective
actions, as specified in a European
Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference.
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD becomes effective
September 9, 2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of September 9, 2020.
The FAA must receive comments on
this AD by October 9, 2020.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, 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.
For material incorporated by reference
(IBR) in this AD, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may
find this IBR material on the EASA
website at https://ad.easa.europa.eu.
You may view this IBR material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
SUMMARY:
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52260
Agencies
[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Rules and Regulations]
[Pages 52257-52260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18491]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0690; Project Identifier AD-2020-00860-T;
Amendment 39-21207; AD 2020-17-02]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 747-8 and -8F series airplanes, and
Model 787-8, -9, and -10 airplanes. This AD requires removing Kathon FP
1.5 biocide from the fuel tanks and engines, installing a fuel
limitation placard, and revising the existing airplane flight manual
(AFM) to prohibit operation of the airplane with Kathon FP 1.5 biocide
in a fuel tank or engine. This AD was prompted by a report indicating
that Kathon FP 1.5 biocide added to fuel and running through the
engines can lead to significant engine anomalies. The FAA is issuing
this AD to address the unsafe condition on these products.
DATES: This AD is effective August 25, 2020.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 25,
2020.
The FAA must receive comments on this AD by October 9, 2020.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this final rule, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone 562-797-1717; internet https://www.myboeingfleet.com. You may
view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call 206-231-3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0690.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0690; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
street address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tak Kobayashi, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206-231-3553; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The FAA has received a report indicating that a The Boeing Company
Model 787 airplane equipped with General Electric Company (GE) GEnx-1B
model turbofan engines experienced temporary thrust anomalies on both
engines during descent into Kansai International Airport in Japan, on
March 29, 2019. Specifically, both engines briefly fell below idle
thrust, and the flightcrew received failure messages for both engines.
The FAA's review of the data from this incident indicated the
thrust anomalies resulted from fuel control instability. The fuel tanks
of the event airplane had recently been treated with Kathon FP 1.5
biocide for suspected microbial growth contamination. Salt crystals can
form in the fuel under certain conditions after Kathon FP 1.5 biocide
is applied. These salt crystals have the potential to cause slow
response of engine hydromechanical control features, resulting in
compressor stalls or flameouts, potentially on both engines.
This condition, if not addressed, could result in malfunction of
the engine's control system hydromechanical unit due to undispersed
Kathon FP 1.5 biocide contaminating and restricting the movement of
internal parts. Because the fuel systems for both engines on an
affected airplane are likely to be similarly affected, there is the
potential for loss of thrust control on both engines. Loss of thrust
control on both engines could result in failure to climb on takeoff, a
forced off-airport landing, or an unacceptably high flightcrew
workload.
However, after this biocide is added to the fuel tanks, adding fuel
without biocide diminishes the hazard. Eventually, after the tanks have
been refilled a sufficient number of times with untreated fuel, enough
of the treated fuel would be dissipated, and the unsafe condition would
be removed. Specifically, Boeing determined that operating the
airplane, or any individual engine, for at least 30 flight cycles,
while adding only fuel that has not been treated with this biocide,
would flush the biocide from the fuel tank system and the engines. The
FAA finds this number of flight cycles to be sufficiently conservative,
and therefore has incorporated it the requirements of this AD.
The FAA's analysis of the risks posed by this issue has been
ongoing, as has the information available to the agency. On March 10,
2020, the manufacturer of Kathon FP 1.5 issued a letter recommending an
immediate halt of using Kathon FP 1.5 biocide for aviation fuel
applications. A copy of that letter is in the docket for this
rulemaking. On March 25, 2020, the FAA issued a Special Airworthiness
Information Bulletin (SAIB), which is in the docket for this
rulemaking, regarding the use of Kathon FP 1.5 and another biocide.
Most recently, on June 25, 2020, the Japan Transport Safety Board
issued an ``Aircraft Serious Incident Investigation Report'' regarding
the March 29, 2019 incident. That report is in the docket for this
rulemaking.
The engine and aircraft manufacturers also evaluated the potential
of Kathon FP 1.5 biocide application resulting in adverse effects on
the engines besides GEnx-1B model engines installed on Model 787
airplanes. Based on this evaluation, the FAA has determined that the
unsafe condition also exists on The Boeing Company Model 747-8 and -8F
series airplanes powered by GEnx-2B model engines.
[[Page 52258]]
Related Rulemaking
The FAA issued AD 2020-14-09, Amendment 39-21163 (85 FR 42689, July
15, 2020), for The Boeing Company Model 737-8 and -9 airplanes to
require the same actions required by this AD.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Multi-Operator Messages MOM-MOM-20-0577-
01B, dated July 13, 2020; and MOM-MOM-20-0578-01B, dated July 14, 2020.
This service information describes procedures for removing Kathon FP
1.5 biocide from fuel tanks and engines. These documents are distinct
since they apply to different airplane models. This service information
is reasonably available because the interested parties have access to
it through their normal course of business or by the means identified
in the ADDRESSES section.
FAA's Determination
The FAA is issuing this AD because the agency evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.
AD Requirements
This AD requires removing Kathon FP 1.5 biocide from the fuel tanks
and engines, installing a fuel limitation placard, and revising the
existing AFM to prohibit operation of the airplane with Kathon FP 1.5
biocide in a fuel tank or engine.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public and
flightcrews justifies forgoing notice and comment prior to adoption of
this rule because the simultaneous loss of thrust control on both
engines, due to malfunction of the engine's control system
hydromechanical unit due to undispersed Kathon FP 1.5 biocide
contaminating and restricting the movement of internal parts, could
result in failure to climb on takeoff, a forced off-airport landing, or
an unacceptably high flightcrew workload. In addition, the compliance
time for the required action is shorter than the time necessary for the
public to comment and for publication of the final rule. Therefore this
rule must be issued immediately, to ensure the continued safe operation
of these airplanes. Accordingly, notice and opportunity for prior
public comment are impracticable and contrary to the public interest
pursuant to 5 U.S.C. 553(b)(3)(B). In addition, the FAA finds that good
cause exists pursuant to 5 U.S.C. 553(d) for making this amendment
effective in less than 30 days, for the same reasons the FAA found good
cause to forgo notice and comment.
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
the ADDRESSES section. Include the docket number FAA-2020-0690 and
Project Identifier AD-2020-00860-T at the beginning of your comments.
The most helpful comments refer to a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments. Except for
Confidential Business Information (CBI) as described in the following
paragraph, and other information as described in 14 CFR 11.35, the FAA
will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to the
person identified in the FOR FURTHER INFORMATION CONTACT section. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 137 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Kathon FP 1.5 biocide removal..... Up to 24 work-hours $30 Up to $2,070 Up to $283,590
x $85 per hour = Up
to $2,040.
Fueling placard installation...... 1 work-hour x $85 50 135 18,495
per hour = $85.
AFM revision...................... 1 work-hour x $85 0 85 11,645
per hour = $85.
----------------------------------------------------------------------------------------------------------------
[[Page 52259]]
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
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):
2020-17-02 The Boeing Company: Amendment 39-21207; Docket No. FAA-
2020-0690; Project Identifier AD-2020-00860-T.
(a) Effective Date
This AD is effective August 25, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company airplanes identified in
paragraphs (c)(1) and (2) of this AD.
(1) Model 747-8 and -8F series airplanes, certificated in any
category, with an original standard airworthiness certificate or
original export certificate of airworthiness issued on or before
October 31, 2020.
(2) Model 787-8, -9, and -10 airplanes, certificated in any
category, with an original standard airworthiness certificate or
original export certificate of airworthiness issued on or before
October 31, 2020, and equipped with General Electric Model GEnx-1B
engines.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel; 73,
Engine.
(e) Unsafe Condition
This AD was prompted by a report that Kathon FP 1.5 biocide,
when used as a fuel additive and running through the engines, can
lead to significant engine anomalies. The FAA is issuing this AD to
prevent these anomalies, which could result in loss of thrust
control on both engines because the fuel systems for both engines
are likely to be similarly affected. Loss of thrust control on both
engines could result in failure to climb on takeoff, a forced off-
airport landing, or an unacceptably high flightcrew workload.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Removal of Kathon FP 1.5 Biocide
(1) For airplanes identified in paragraphs (g)(1)(i) and (ii) of
this AD: Before further flight, remove Kathon FP 1.5 biocide from
the fuel tanks and engines, as applicable, in accordance with Boeing
Multi-Operator Message MOM-MOM-20-0577-01B, dated July 13, 2020 (for
Model 747-8 and -8F series airplanes); or MOM-MOM-20-0578-01B, dated
July 14, 2020 (for Model 787-8, -9, and -10 airplanes); as
applicable.
(i) Airplanes that have operated for fewer than 30 flight cycles
after the last treatment with Kathon FP 1.5 biocide.
(ii) Airplanes having any engine that has operated for fewer
than 30 flight cycles after the last exposure to Kathon FP 1.5
biocide.
(2) No action is required by paragraph (g) of this AD for the
engines on which General Electric confirmed via a GE Salesforce case
response that the engines are operating as expected.
(h) Airplane Flight Manual (AFM) Revision for Fuel Additive Limitation
Within 30 days after the effective date of this AD, revise the
Certificate Limitations section of the existing Boeing 787 AFM or
Boeing 747-8 AFM to include the information specified in figure 1 or
2 to paragraph (h) of this AD, as applicable. This may be done by
inserting a copy of this AD into the existing AFM. When a statement
identical to that in figure 1 or figure 2 to paragraph (h) of this
AD has been included in the general revisions of the existing Boeing
787 AFM or Boeing 747-8 AFM, as applicable, the general revisions
may be inserted into the existing AFM, and the copy of this AD may
be removed from the existing AFM.
[GRAPHIC] [TIFF OMITTED] TR25AU20.000
[[Page 52260]]
[GRAPHIC] [TIFF OMITTED] TR25AU20.001
(i) Fueling Placard Installation
Concurrently with accomplishing the actions required by
paragraph (h) of this AD, or within 30 days after the issuance of an
original standard airworthiness certificate or original export
certificate of airworthiness, whichever occurs later: Install a
placard with letters having a minimum height of 0.20 inch on white
or light gray background containing the text ``DO NOT OPERATE ENGINE
WITH KATHON\TM\ FP 1.5 BIOCIDE FUEL ADDITIVE'' on the interior area
of the refuel access panel in a location that allows refueling
personnel full view of the placard text when the access door is
open.
(j) Special Flight Permit
Special flight permits, as described in 14 CFR 21.197 and
21.199, are not allowed until the applicable actions required by
paragraph (g) of this AD have been accomplished.
(k) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (l) of this AD. Information may be
emailed to: [email protected].
(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.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.
(l) Related Information
For more information about this AD, contact Tak Kobayashi,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3553; email: [email protected].
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Multi-Operator Message MOM-MOM-20-0577-01B, dated
July 13, 2020.
(ii) Boeing Multi-Operator Message MOM-MOM-20-0578-01B, dated
July 14, 2020.
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on August 6, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-18491 Filed 8-24-20; 8:45 am]
BILLING CODE 4910-13-P