Federal Register/Vol. 73, No. 218/Monday, November
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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Rules and Regulations 66497 (b) The adjustments in paragraph (a) 5682; e-mail [email protected]; NPRM by 60 days due to the extensive of this section apply to violations that Internet https:// scope and significant potential impact occur after December 10, 2008. www.myboeingfleet.com. of the NPRM. An NPRM, extending the comment period, was published in the Dated: October 31, 2008. Examining the AD Docket Federal Register on June 6, 2005 (70 FR John C. Dugan, You may examine the AD docket on 32738). Subsequently, we decided that Comptroller of the Currency. the Internet at http:// more time was necessary for interested [FR Doc. E8–26654 Filed 11–7–08; 8:45 am] www.regulations.gov; or in person at the parties to continue to evaluate the BILLING CODE 4810–33–C Docket Management Facility between 9 proposal and to submit additional a.m. and 5 p.m., Monday through comments with more specific details Friday, except Federal holidays. The AD concerning issues. An NPRM, reopening DEPARTMENT OF TRANSPORTATION docket contains this AD, the regulatory the comment period, was published in evaluation, any comments received, and the Federal Register on November 23, Federal Aviation Administration other information. The address for the 2005 (70 FR 70749). Docket Office (telephone 800–647–5527) 14 CFR Part 39 is the Document Management Facility, Differences Between the NPRM and the U.S. Department of Transportation, Final Rule [Docket No. FAA–2005–20836; Directorate Identifier 2005–NM–028–AD; Amendment Docket Operations, M–30, West We have extended the compliance 39–15730; AD 2008–23–09] Building Ground Floor, Room W12–140, time of the required replacement from 1200 New Jersey Avenue, SE., 72 months to 96 months. The revised RIN 2120–AA64 Washington, DC 20590. compliance time should minimize the FOR FURTHER INFORMATION CONTACT: cost impact on operators by allowing Airworthiness Directives; Boeing Shannon Lennon, Aerospace Engineer, more planning time to comply with the Model 727–200 and 727–200F Series Cabin Safety and Environmental requirements of this AD. We also have Airplanes; 737–200, 737–200C, 737– Systems Branch, ANM–150S, FAA, revised the cost information and note 300, and 737–400 Series Airplanes; Seattle Aircraft Certification Office, that there is a substantial change in 747–100, 747–100B, 747–100B SUD, 1601 Lind Avenue, SW., Renton, estimated cost due to increased parts 747–200B, 747–200C, 747–200F, 747– Washington 98057–3356; telephone and labor costs, reduced number of 300, 747–400, 747SR, and 747SP Series (425) 917–6436; fax (425) 917–6590. airplanes, and assumed service change Airplanes; 757–200, 757–200CB, and SUPPLEMENTARY INFORMATION: for the future fleet. In addition, we have 757–200PF Series Airplanes; and 767– deleted the reinstallation requirement of 200 and 767–300 Series Airplanes Summary of the NPRM paragraph (h)(2) of the NPRM. The AGENCY: Federal Aviation We issued a notice of proposed reinstallation requirement would have Administration (FAA), DOT. rulemaking (NPRM) to amend 14 CFR created an undue burden on operators part 39 to include an airworthiness ACTION: Final rule. because not all removals of insulation directive (AD) that would apply to blankets are done at a heavy SUMMARY: We are adopting a new certain Boeing Model 727–200 and 727– maintenance visit with the necessary airworthiness directive (AD) for certain 200F series airplanes; 737–200, 737– replacement materials available. 200C, 737–300, and 737–400 series Boeing transport category airplanes. Comments This AD requires replacing any airplanes; 747–100, 747–100B, 747– insulation blanket constructed of 100B SUD, 747–200B, 747–200C, 747– We gave the public the opportunity to polyethyleneteraphthalate (PET) film, 200F, 747–300, 747–400, 747SR, and participate in developing this AD. We ORCON Orcofilm AN–26 (hereafter 747SP series airplanes; 757–200 and considered the comments received from ‘‘AN–26’’), with a new insulation 757–200PF series airplanes; and 767– the 21 commenters. The significant blanket. This AD results from reports of 200 and 767–300 series airplanes. That comments are as follows. NPRM was published in the Federal in-flight and ground fires on certain Questioning the Safety Risk of AN–26 airplanes manufactured with insulation Register on April 4, 2005 (70 FR 16986). blankets covered with AN–26, which That NPRM proposed to require Several commenters, such as the Air may contribute to the spread of a fire removing all insulation blankets within Transport Association (ATA) on behalf when ignition occurs from sources such the pressurized areas of the affected of its members, Boeing, KLM, and as electrical arcing or sparking. We are airplanes and installing a new Northwest Airlines (NWA), request that issuing this AD to ensure that insulation insulation blanket meeting the we reconsider the NPRM because AN– blankets constructed of AN–26 are requirements of Section 25.856(a) of 26 poses a lower safety risk than removed from the fuselage. Such Title 14 of the Code of Federal indicated in the NPRM, and that AN–26 insulation blankets could ignite and Regulations (CFR) (14 CFR 25.856(a)). was not considered unsafe during propagate a fire that is the result of That NPRM also proposed to allow certification. Boeing states that its in-service electrical arcing or sparking. operators to develop methods for distinguishing between insulation events/test data show limited flame DATES: This AD is effective December blankets constructed of AN–26 and spread and no damage to structure/ 15, 2008. other materials. In addition, that NPRM systems due to aged AN–26. Boeing The Director of the Federal Register proposed a provision that, if the FAA implies that the mitigating actions for approved the incorporation by reference approves such a method, operators the NPRM should be revised to of certain publications listed in this AD would not be required to remove correspond to the low risk presented by as of December 15, 2008. blankets they determine are not the data, which are proportionally ADDRESSES: For service information constructed of AN–26. associated with the combination of identified in this AD, contact Boeing contamination, ignition, and flame Commercial Airplanes, P.O. Box 3707, Related Activities propagation. Seattle, Washington 98124–2207; After issuance of the NPRM, we In addition, Boeing states that the telephone 206–544–9990; fax 206–766– extended the comment period of the replacement of AN–26 for all locations VerDate Aug<31>2005 15:24 Nov 07, 2008 Jkt 217001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\10NOR1.SGM 10NOR1 dwashington3 on PRODPC61 with RULES 66498 Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Rules and Regulations may not be required due to the isolation Airworthiness (FSAW) 00–09, ‘‘Special or sparking). AN–26 differs from other of materials from ignition sources or Emphasis Inspection on Contamination films in use, except for metallized lack of susceptibility to high levels of of Thermal/Acoustic Insulation,’’ polyethyleneteraphthalate (MPET) contamination. NWA agrees with effective September 28, 2000, to ensure material which has been addressed in Boeing’s conclusion that AN–26 (based that operators have procedures defined other similar rulemaking, in that it is on flame propagation characteristics by in their approved maintenance susceptible to propagation of a fire from itself) without contamination is not an programs for the inspection for a small ignition source. Other films, unsafe condition (i.e., high-level threat) contamination and corrective action. while not necessarily meeting the for airplanes. Boeing also has revised service letters requirements of 14 CFR 25.856(a), do Based on our review of the details of alerting operators to methods for not have this susceptibility. It is the the in-service events/test data, we do preventing and removing susceptibility to small ignition sources not agree with Boeing to revise the contamination. The procedures in these that creates the unsafe condition. NPRM to reflect its presented documents serve to mitigate the separate ATA states that AN–26 is not as information or with its conclusions risk associated with contamination. unsafe as MPET. ATA states that about the data. With regard to ignition NWA also comments that AN–26 was investigation results of in-service events and propagation, we have examined the not considered unsafe at the time of and the FAA Technical Center’s video incident/event history of fires involving certification, and that we are changing recording of the tests of insulation airplanes manufactured between 1981 the flammability test for insulation blankets constructed of MPET indicate and 1988 and, in particular, those material 20 years after certification. that propagation characteristics of AN– events that have involved AN–26 We do not agree. Whether or not AN– 26 is not a safety threat. thermal/acoustic insulation materials. 26 meets the certification flammability We do not agree with ATA’s assertion Results of this examination revealed requirements that were applicable to the that AN–26 poses a propagation hazard that flames have propagated on the affected airplanes is irrelevant to the significantly less than that posed by thermal/acoustic insulation materials determination of an unsafe condition. MPET. We have determined that each initiated from several types of ignition As mentioned in Amendment No. 25– material is susceptible to ignition and sources such as electrical arc/sparks and 111 (68 FR 45045, July 31, 2003), prior propagation from a small ignition source lightning strikes. Flight or ground certification standards did not and thus presents an unsafe condition. personnel extinguished some of these adequately distinguish between The flame propagation characteristics of fires with extinguishing equipment acceptable and unacceptable materials. MPET in a specific test scenario are not while other fires self-extinguished.