[Federal Register Volume 85, Number 154 (Monday, August 10, 2020)]
[Proposed Rules]
[Pages 48122-48124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17362]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 85, No. 154 / Monday, August 10, 2020 / 
Proposed Rules  

[[Page 48122]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0680; Product Identifier 2020-NM-079-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2016-25-29, which applies to certain The Boeing Company Model 767-200 
and -300 series airplanes. AD 2016-25-29 requires replacing the cargo 
compartment insulation blankets on the left and right sides with new 
insulation blankets that incorporate fire stops. Since the FAA issued 
AD 2016-25-29, it was determined that an incorrect part number was 
specified for certain insulation blankets, and the FAA has determined 
that additional insulation blankets need to be replaced and that 
additional airplanes are subject to the unsafe condition. This proposed 
AD would continue to require the actions in AD 2016-25-29 for certain 
airplanes. This proposed AD would also add airplanes to the 
applicability and would require a general visual inspection of the 
replacement insulation blankets to determine if the blankets are in 
serviceable condition and correctly installed, and applicable on-
condition actions. For certain airplanes, this AD would also require an 
inspection to determine the insulation blanket part number installed; 
replacement of additional insulation blankets; and applicable on-
condition actions. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this proposed AD by September 
24, 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 NPRM, 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-
0680.

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-
0680; 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 NPRM, 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: Julie Linn, Aerospace Engineer, Cabin 
Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3584; 
email: Julie.Linn@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites 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-2020-0680; 
Product Identifier 2020-NM-079-AD'' at the beginning of your comments. 
The most helpful comments reference 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 NPRM 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 proposed AD.

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 NPRM 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 NPRM, 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 NPRM. 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.

Discussion

    The FAA issued AD 2016-25-29, Amendment 39-18755 (81 FR 94956, 
December 27, 2016) (``AD 2016-25-29''), for certain The Boeing Company 
Model 767-200 and -300 series airplanes. AD 2016-25-29 requires 
replacing the cargo compartment

[[Page 48123]]

insulation blankets on the left and right sides with new insulation 
blankets that incorporate fire stops. AD 2016-25-29 resulted from a 
report of a fire in the bilge area of the cargo compartment that burned 
through the insulation blankets that were intended to prevent smoke 
from migrating behind the cargo compartment sidewall liners and upward 
into the main cabin. The FAA issued AD 2016-25-29 to address a fire in 
the bilge area of the cargo compartment burning through the insulation 
blankets and consequently allowing smoke to migrate behind the cargo 
compartment sidewall liners and upward into the main cabin.

Actions Since AD 2016-25-29 Was Issued

    Since the FAA issued AD 2016-25-29, it was determined that an 
incorrect part number was specified for certain insulation blankets. 
Based on those findings, the FAA determined that certain insulation 
blankets that were replaced, as required by AD 2016-25-29, must be 
replaced with those having the improved design. In addition, the FAA 
determined that additional insulation blankets need to be replaced and 
that additional airplanes are subject to the unsafe condition.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Service Bulletin 767-25-
0550, Revision 1, dated December 4, 2019. The service information 
describes procedures for replacing cargo compartment insulation 
blankets between stringers 29 and 33, on the left and right sides, with 
new insulation blankets that incorporate fire stops; an inspection to 
determine the insulation blanket part number installed between 
stringers 29 and 33, on the left and right sides; a general visual 
inspection of the replacement insulation blankets between stringers 29 
and 33, on the left and right sides to determine if the blankets are in 
serviceable condition and correctly installed; and applicable on-
condition actions. On-condition actions include repair, replacement, 
and correction of insulation blanket installations.
    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 proposing 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.

Proposed AD Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2016-25-29, this proposed AD would retain certain of 
the requirements of AD 2016-25-29. Those requirements are referenced in 
the service information identified previously, which, in turn, is 
referenced in paragraph (g) of this proposed AD. This proposed AD would 
add airplanes to the applicability. This proposed AD would also require 
accomplishment of the actions identified as ``RC'' (required for 
compliance) in the Accomplishment Instructions of Boeing Special 
Attention Service Bulletin 767-25-0550, Revision 1, dated December 4, 
2019, described previously.
    For information on the procedures and compliance times, see this 
service information at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2020-0680.

Costs of Compliance

    The FAA estimates that this proposed AD affects 329 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Replacement (retained actions     Up to 54 work-      *.................  Up to $4,590......  Up to $1,510,110.
 from AD 2016-25-29).              hours x $85 per
                                   hour = Up to
                                   $4,590.
Inspections and replacements      Up to 62 work-hour  Up to $35,900.....  Up to $41,170.....  Up to $13,944,530.
 (new proposed action).            x $85 per hour =
                                   Up to $5,270.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable providing parts cost estimates for the retained
  actions specified in this proposed AD.

    The FAA has received no definitive data that would enable us to 
provide cost estimates for the on-condition actions specified in this 
proposed AD.
    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all available 
costs in our cost estimate.

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

    The FAA has 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 that the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative,

[[Page 48124]]

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 removing Airworthiness Directive (AD) 
2016-25-29, Amendment 39-18755 (81 FR 94956, December 27, 2016), and 
adding the following new AD:

The Boeing Company: Docket No. FAA-2020-0680; Product Identifier 
2020-NM-079-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by September 24, 
2020.

(b) Affected ADs

    This AD replaces AD 2016-25-29, Amendment 39-18755 (81 FR 94956, 
December 27, 2016) (``AD 2016-25-29'').

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category, as 
identified in Boeing Special Attention Service Bulletin 767-25-0550, 
Revision 1, dated December 4, 2019.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by a report of a fire in the bilge area of 
the cargo compartment that burned through the insulation blankets 
that were intended to prevent smoke from migrating behind the cargo 
compartment sidewall liners and upward into the main cabin. The FAA 
is issuing this AD to address a fire in the bilge area of the cargo 
compartment, which if not contained could lead to a possible smoke 
and fire event in the passenger compartment.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the 
applicable times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Special Attention Service Bulletin 767-25-0550, Revision 1, 
dated December 4, 2019, do all applicable actions identified as 
``RC'' (required for compliance) in, and in accordance with, the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 767-25-0550, Revision 1, dated December 4, 2019.

(h) Exception to Service Information Specifications

    Where Boeing Special Attention Service Bulletin 767-25-0550, 
Revision 1, dated December 4, 2019, uses the phrase ``the Revision 1 
date of this service bulletin,'' this AD requires using ``the 
effective date of this AD.''

(i) 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 (j)(1) 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, 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.
    (4) AMOCs approved previously for AD 2016-25-29 are approved as 
AMOCs for the corresponding provisions of Boeing Special Attention 
Service Bulletin 767-25-0550, Revision 1, dated December 4, 2019, 
that are required by paragraph (g) of this AD.
    (5) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(i)(5)(i) and (ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(j) Related Information

    (1) For more information about this AD, contact Julie Linn, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3584; email: Julie.Linn@faa.gov.
    (2) 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. You may view this referenced 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.

    Issued on July 29, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-17362 Filed 8-7-20; 8:45 am]
BILLING CODE 4910-13-P


