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[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Proposed Rules]
[Pages 71037-71040]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28303]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0780; Directorate Identifier 2014-NM-168-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for The 
Boeing Company Model 747 airplanes equipped with a main deck side cargo 
door (MDSCD). This proposed AD was prompted by recent testing that 
indicates that intermodal containers, when loaded as cargo, under 
certain flight-load conditions, can shift and impact the adjacent 
fuselage frames. This proposed AD would require revising the airplane 
flight manual to incorporate limitations for carrying certain payloads. 
We are proposing this AD to prevent intermodal containers loaded in the 
offset method from shifting during flight gust loads and damaging 
fuselage frames, which could lead to the structural failure of the aft 
fuselage in flight, and subsequent in-flight breakup of the airplane.

DATES: We must receive comments on this proposed AD by January 15, 
2015.

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 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

[[Page 71038]]

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0780; 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 proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Steven C. Fox, Senior Aerospace 
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6425; fax: 425-917-6590; email: 
steven.fox@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2014-0780; 
Directorate Identifier 2014-NM-168-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    Intermodal containers are common in the cargo shipping industry and 
transported by ships, trains, and trucks. The focus of this NPRM is an 
intermodal container that is nominally 20 feet long, 8 feet wide, and 
8.5 feet tall. This nominally sized intermodal container includes the 
dimensions of an International Organization for Standardization (ISO) 
container ISO 668-1CC. The intermodal containers themselves do not meet 
the requirements of FAA Technical Standard Order TSO-C90D, ``Cargo 
Pallets, Nets and Containers (Unit Load Devices)'' (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgTSO.nsf/0/
ba3cb5aeb6d07bec8625792d0052e535/$FILE/
TSO_C90_RevD_doc_FINAL_%20RGL_2011%200930.pdf); the lower surface on 
these intermodal containers is incompatible with most airplane cargo-
loading systems (CLSs). These intermodal containers, however, can be 
concentrically loaded on an FAA-approved TSO-C90D pallet with the 
certified net combination and loaded in the center of the airplane, 
restrained by the CLS or a series of straps connected to the aircraft 
structure in accordance with the airplane's FAA-approved Weight and 
Balance Manual procedures for cargo that is not a Unit Load Device 
(ULD).
    The Weight and Balance Manual is part of the Operating Limitations 
section of the Airplane Flight Manual (AFM). In accordance with 14 CFR 
21.41, the Operating Limitations are part of the airplane type 
certificate and, therefore, can be modified only by changing that 
certificate; that is, by obtaining an amended or supplemental type 
certificate. Revisions to the AFM are approved as AFM supplements, and 
the approval is based on a finding that, with the AFM revisions, the 
airplane continues to meet the applicable airworthiness standards. 
Operators are required to comply with the Operating Limitations by 14 
CFR 91.9(a).
    The FAA has become aware that some operators, both domestic and 
foreign, are not loading these containers in the center of the 
airplane, but rather in the standard left and right pallet positions. 
The 8-foot, 6-inch, height of the intermodal container interferes with 
the fuselage when loaded in the standard left and right pallet 
positions, so some operators have been transporting these intermodal 
containers shifted inboard off of the FAA-approved TSO pallets and 
attached to the pallet only with a net and/or straps. This method of 
transport is referred to as the ``offset method.'' The practice of 
offsetting the intermodal containers results in the certified pallet-
net combination having slack in the net by the amount of the offset. 
FAA observations have found the offset for intermodal containers is as 
much as 9 inches, with the corresponding 9 inches of slack in the TSO 
pallet net.
    Although additional cargo straps have been used to restrain the 
intermodal containers to the pallets, the FAA determined that these 
straps are not effective, and the intermodal container can shift in 
flight.
    In 2013, a U.S. cargo operator requested permission from the FAA to 
carry intermodal containers on Boeing Model 747 airplanes using the 
offset method--similar to procedures used by other U.S. and non-U.S. 
air carriers. Based on the FAA's review of the offset method, it denied 
the operator's request.
    In March 2014, some U.S. cargo operators and Boeing conducted a 
series of full-scale tests, witnessed by the FAA, to demonstrate that 
carrying intermodal containers by the offset method could be shown safe 
and compliant to the applicable regulations. The test procedures were 
developed by engineers from Boeing and some U.S. cargo operators, and 
were intended to show compliance for flight loads on Model 747 
airplanes only. The results produced CLS failures and/or excessive 
deflections. The preliminary test results confirmed the FAA's safety 
concerns.

Testing New Methods

    U.S. operators and Boeing conducted additional testing to 
demonstrate that carrying intermodal containers by the offset method 
could be shown safe and compliant to the applicable regulations. This 
testing used methods from National Aerospace Standard (NAS) 3610 with 
maximum payloads that were reduced from those tested previously. The 
intent was for Boeing to use the test data to develop an appropriate 
loading method that could be incorporated into the Boeing 747 Weight 
and Balance Manual. The certified pallet net was not used because 
previous testing showed it ineffective in restraining the ISO container 
as the offset of the container on the pallet introduces slack in the 
net, with the container essentially free to move laterally in the 
airplane by the amount of the offset.
    Significant engineering resources were applied, and a complex 
method of strapping installation and procedures and sequence for 
tightening the straps was developed to preclude the excessive 
deflections experienced during earlier tests. While a few load cases 
were successful, some had very small margins (precluding any reduction 
of the complexity of the nearly 100 straps required). The testing was 
halted after attempts to substantiate vertical loading repetitively 
overloaded the forward and aft CLS restraint locks, and the proposed 
cargo restraining method was deemed unviable.

FAA Observations and Conclusions

    FAA engineering from the Transport Airplane Directorate has been 
extensively involved in the testing of offset loading methods for 
intermodal containers with the objective to determine and document a 
safe and compliant methodology that could be the basis for a Boeing 747 
Weight and Balance Supplement for airline use

[[Page 71039]]

worldwide. Testing to date indicates this objective has not been met.
    When positioned in accordance with the Weight and Balance Manual, 
the intermodal container is secured to the CLS pallet along its entire 
length by straps and netting. Offsetting the container has the effect 
of creating slack in the net and straps except at the ends of the 
container. As a result, when gust loads are encountered, most of the 
loads are transferred to the locks at the ends of the container and are 
not shared with the locks in the middle. This uneven loading has the 
effect of exceeding the structural capability of the locks at the ends 
of the container. This phenomenon quickly failed the forward and aft 
CLS locks during vertical testing, as confirmed by both sets of 
industry testing.
    At this time, there is no offset method for restraining intermodal 
containers that has been demonstrated to be safe and compliant.

Safety Issue

    The current practice of carrying an intermodal container by the 
offset method is not permitted by the Boeing 747 Weight and Balance 
Manual. A series of tests has verified that an intermodal container, 
under certain flight-load conditions, can shift in both the outboard 
and vertical directions. This shift by the intermodal container can 
damage as many as ten fuselage frames per container position during 
flight, leading to the structural failure of the aft fuselage in 
flight, and subsequent in-flight breakup of the airplane.
    Normally the FAA does not issue ADs to address non-compliance with 
existing regulations. But because of the widespread nature of these 
practices, the FAA has determined that issuing an AD is the most 
effective means of addressing this unsafe condition.

FAA's Determination

    We are proposing this AD because we 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.

Proposed AD Requirements

    This proposed AD would require revising the Limitations section of 
the airplane flight manual (AFM) to incorporate limitations on carrying 
certain payloads.

Costs of Compliance

    We estimate that this proposed AD affects 98 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
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                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
AFM revision........................  1 work-hour x $85 per                $0              $85           $8,330
                                       hour = $85.
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    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 proposed regulation is 
within the scope of that authority because it addresses an unsafe 
condition that is likely to exist or develop on products identified in 
this rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2014-0780; Directorate Identifier 
2014-NM-168-AD.

(a) Comments Due Date

    We must receive comments by January 15, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-100, 747-100B, 
747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-
400D, 747-400F, 747SR, 747SP, 747-8F, and 747-8 series airplanes, 
certificated in any category, equipped with a main deck side cargo 
door (MDSCD).

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by recent testing that indicates that 
intermodal containers, when loaded as cargo, under certain flight-
load conditions, can shift and impact the adjacent fuselage frames. 
We are issuing this AD to prevent intermodal containers loaded in 
the offset method from shifting during flight gust loads and 
damaging fuselage frames, which could lead to the structural failure 
of the aft fuselage in flight, and subsequent in-flight breakup of 
the airplane.

(f) Compliance

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

[[Page 71040]]

(g) Revision of Airplane Flight Manual (AFM)

    Within 14 days after the effective date of this AD, revise the 
Operating Limitations section of the FAA-approved AFM to include the 
information in figure 1 to paragraph (g) of this AD. This may be 
accomplished by inserting a copy of this AD into the Limitations 
section of the AFM.

            Figure 1 to Paragraph (g) of This AD-AFM revision
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Unless approved by the Manager of the Seattle Aircraft Certification
 Office, the carriage of the following payloads is prohibited:
1) Intermodal containers nominally sized at 20 feet long, 8 feet wide,
 and 8.5 feet tall that are not concentrically loaded on a pallet and
 restrained to the aircraft in accordance with the FAA-approved Weight
 and Balance Manual or Supplement.
2) ISO 668[dash]1CC containers that are not concentrically loaded on a
 pallet and restrained to the aircraft in accordance with the FAA-
 approved Weight and Balance Manual or Supplement.
Note: Both payloads 1 and 2 may be concentrically loaded on a pallet and
 netted in accordance with the FAA-approved Weight and Balance Manual
 and then loaded in the center of the airplane and restrained to the
 airplane by the approved center loaded cargo restraint system or
 restrained directly to the airplane, both as defined in the FAA-
 approved Weight and Balance Manual.
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(h) Special Flight Permits

    Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), are not allowed if any intermodal container prohibited 
as specified in figure 1 to paragraph (g) of this AD is on board. 
For special flight permits, carriage of freight is not allowed.

(i) 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 paragraph (j) 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.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Seattle ACO to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.

(j) Related Information

    For more information about this AD, contact Steven C. Fox, 
Senior Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle 
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, 
WA 98057-3356; phone: 425-917-6425; fax: 425-917-6590; email: 
steven.fox@faa.gov.

    Issued in Renton, Washington, on November 21, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-28303 Filed 11-28-14; 8:45 am]
BILLING CODE 4910-13-P
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