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[Federal Register Volume 77, Number 162 (Tuesday, August 21, 2012)]
[Proposed Rules]
[Pages 50411-50414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20473]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0856; Directorate Identifier 2012-NM-093-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 
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 proposed

[[Page 50412]]

AD was prompted by reports of burned Boeing Material Specification 
(BMS) 8-39 urethane foam, and a report from the airplane manufacturer 
that airplanes were assembled with seals throughout various areas of 
the airplane (including flight deck and cargo compartments) made of BMS 
8-39 urethane foam, a material with fire-retardant properties that 
deteriorate with age. This proposed AD would require replacing seals 
made of BMS 8-39 urethane foam in certain areas of the airplane. We are 
proposing 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: We must receive comments on this proposed AD by October 5, 2012.

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.
    For service information identified in this proposed 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 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: 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:

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-2012-0856; 
Directorate Identifier 2012-NM-093-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

    We have received reports of burned BMS 8-39 urethane foam 
insulation on two Model 767-200 series airplanes. The airplane 
manufacturer has also notified us that certain Model 747, 767, and 777 
airplanes were assembled with seals throughout various areas of the 
airplane (including flight deck and cargo compartments) made of BMS 8-
39 urethane foam. The fire retardants in BMS 8-39 urethane foam are 
mixed into, but are not chemically connected with, the remaining 
components of the foam. The fire-retardant properties of BMS 8-39 
urethane foam deteriorate with age (5 to 10 years). This, along with 
dust, dirt, and other carbon particulate contamination of the urethane 
foam, adds an available fuel source for a potential fire. Once ignited, 
the deteriorated foam emits noxious smoke, does not self-extinguish, 
and drips droplets of liquefied urethane, which can further propagate a 
fire. Deteriorated BMS 8-39 urethane foam seals in a cargo compartment 
also compromise the Halon retention and smoke/fire-blocking 
capabilities of the cargo compartment. These conditions, if not 
corrected, could result in failure of urethane seals to maintain 
sufficient Halon concentrations in the cargo compartments to extinguish 
or contain fire or smoke, and could result in penetration of fire or 
smoke in areas of the airplane that are difficult to access for fire 
and smoke detection or suppression.

Other Relevant Rulemaking

    We issued the following ADs to require reworking certain air 
distribution ducts in the environmental control system (ECS) wrapped 
with BMS 8-39 or Aeronautical Materials Specifications (AMS) 3570 
urethane foam insulation. These ADs resulted from reports from the 
airplane manufacturer that airplanes were assembled with duct 
assemblies in the ECS wrapped with BMS 8-39 urethane foam insulation, a 
material with fire-retardant properties that deteriorate with age, and 
reports of duct assemblies in the ECS with burned BMS 8-39 urethane 
foam insulation. We issued these ADs to prevent a potential electrical 
arc from igniting the BMS 8-39 urethane foam insulation on the duct 
assemblies of the ECS, which could propagate a small fire and lead to a 
larger fire that might spread throughout the airplane through the ECS.
     AD 2008-02-16, Amendment 39-15346 (73 FR 4061, January 24, 
2008), applicable to certain Model 767-200 and 767-300 series 
airplanes.
     AD 2010-14-01, Amendment 39-16344 (75 FR 38007, July 1, 
2010), applicable to certain Model 747-100, 747-100B, 747-100B SUD, 
747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400F, 747SR, and 
747SP series airplanes.
     AD 2012-02-09, Amendment 39-16932 (77 FR 5996, February 7, 
2012), for certain Model 737-100, -200, -200C, and -300 series 
airplanes.

Relevant Service Information

    We reviewed the following Boeing service bulletins:
     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: Boeing Special Attention Service Bulletin 747-25-3381, 
Revision 1, dated May 17, 2012. This service bulletin describes 
procedures for replacing BMS 8-39 urethane foam seals with either BMS 
8-371 insulation foam or BMS 1-68 silicone foam rubber seals. (The 
required actions depend on requirements for use and location of the BMS 
8-39 urethane foam in the airplane.) Procedures for the replacement 
include, for some airplanes, doing a general visual

[[Page 50413]]

inspection of the airplane sidewalls for air baffles, and of the BMS 8-
39 urethane foam for penetrations (e.g., wire penetrations). The 
replacement is to be done in the following areas of the airplane 
(depending on airplane configuration):
     Main deck system tube/wire foam seals (left/right 
sidewalls)
     Main deck foam air seal (left/right sidewalls)
     Main deck air baffle foam (left/right sidewalls)
     Main deck ceiling panel foam strip
     Forward and aft cargo system tube/wire foam seal
     Flight deck overheard electrical equipment panel/structure 
and overhead drip-shield foam
     E1/E2 rack wire integration unit cover assemblies
     For Model 767-200, -300, -300F, and -400ER series 
airplanes: Boeing Special Attention Service Bulletin 767-25-0381, dated 
August 19, 2010. This service bulletin describes procedures for doing a 
general visual inspection for BMS 8-39 urethane foam for certain 
airplanes, covering the BMS 8-39 foam with cargo liner joint sealing 
tape in certain areas, replacing certain BMS 8-39 foam pads with Nomex 
felt in certain areas, and replacing BMS 8-39 urethane foam seals with 
either BMS 8-371 insulation foam or BMS 1-68 silicone foam rubber 
seals. (The required actions depend on requirements for use and 
location of the BMS 8-39 urethane foam in the airplane.) The actions 
are to be done in the following areas of the airplane (depending on 
airplane configuration):
     Forward and aft cargo compartments
     Flight deck
     Crown area (foam pad to be replaced with Nomex felt)
     Over wing escape hatch (corner seals)
     For Model 777-200, -200LR, -300, and -300ER series 
airplanes: Boeing Special Attention Service Bulletin 777-25-0362, dated 
August 19, 2010. This service bulletin describes procedures for 
replacing BMS 8-39 urethane foam seals with BMS 1-68 silicone foam 
rubber seals in the forward and aft cargo compartments of the airplane.

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 these same type 
designs.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information described previously.

Costs of Compliance

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

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

    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]

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

The Boeing Company: Docket No. FAA-2012-0856; Directorate Identifier 
2012-NM-093-AD.

[[Page 50414]]

(a) Comments Due Date

    We must receive comments by October 5, 2012.

(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, 
dated August 19, 2010.
    (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 that airplanes were assembled with seals 
throughout various areas of the airplane (including flight deck and 
cargo compartments) made of BMS 8-39 urethane foam, a material with 
fire-retardant properties that deteriorate with age. 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, dated August 19, 2010.
    (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

    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.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a BMS 
8-39 urethane foam seal on any airplane.

(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.

    Issued in Renton, Washington, on August 9, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-20473 Filed 8-20-12; 8:45 am]
BILLING CODE 4910-13-P
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