Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations 39943

Issued in Fort Worth, Texas, on June 29, FOR FURTHER INFORMATION CONTACT: with 14 CFR 21.41, the Operating 2015. Steven C. Fox, Senior Aerospace Limitations are part of the airplane type Lance T. Gant, Engineer, Airframe Branch, ANM–120S, certificate and, therefore, can be Acting Directorate Manager, Rotorcraft FAA, Seattle Aircraft Certification modified only by changing that Directorate, Aircraft Certification Service. Office (ACO), 1601 Lind Avenue SW., certificate; that is, by obtaining an [FR Doc. 2015–16939 Filed 7–10–15; 8:45 am] Renton, WA 98057–3356; phone: 425– amended or supplemental type BILLING CODE 4910–13–P 917–6425; fax: 425–917–6590; email: certificate. Revisions to the AFM are [email protected]. approved as AFM supplements, and the SUPPLEMENTARY INFORMATION: approval is based on a finding that, with DEPARTMENT OF TRANSPORTATION the AFM revisions, the airplane Discussion continues to meet the applicable Federal Aviation Administration The FAA issued a notice of proposed airworthiness standards. Operators are rulemaking (NPRM) to amend 14 CFR required to comply with the Operating 14 CFR Part 39 part 39 by adding an AD that would Limitations by 14 CFR 91.9(a). [Docket No. FAA–2014–0780; Directorate apply to The Boeing Company Model The FAA has become aware that some Identifier 2014–NM–168–AD; Amendment 747 airplanes equipped with an operators, both domestic and foreign, 39–18207; AD 2015–14–09] MDSCD. The NPRM published in the are not loading these containers in the RIN 2120–AA64 Federal Register on December 1, 2014 center of the airplane, but rather in the (79 FR 71037). The NPRM was standard left and right pallet positions. Airworthiness Directives; The Boeing prompted by recent testing, which When loaded in this manner, the 8-foot, Company Airplanes indicates that intermodal containers, 6-inch, height of the intermodal when loaded as cargo, under certain container interferes with the fuselage, so AGENCY: Federal Aviation flight-load conditions, can shift and Administration (FAA), DOT. some operators have been transporting impact the adjacent fuselage frames. The these intermodal containers shifted ACTION: Final rule. NPRM proposed to require revising the inboard, off of the FAA-approved TSO AFM to incorporate limitations for SUMMARY: pallets, and attached to the pallet only We are adopting a new carrying certain payloads. We are airworthiness directive (AD) for The with a net and/or straps. This method of issuing this AD to prevent intermodal transport is referred to as the ‘‘offset Boeing Company Model 747 airplanes containers loaded in the offset method equipped with a main deck side cargo method.’’ The practice of offsetting the from shifting during flight gust loads intermodal containers results in the door (MDSCD). This AD was prompted and damaging fuselage frames, which by recent testing that indicates that certified pallet-net combination having could lead to the structural failure of the slack in the net by the amount of the intermodal containers, when loaded as aft fuselage in flight and subsequent in- offset. FAA observations have found the cargo, under certain flight-load flight breakup of the airplane. conditions, can shift and impact the offset for intermodal containers is as adjacent fuselage frames. This AD Background much as 9 inches, with the requires revising the airplane flight Intermodal containers are common in corresponding 9 inches of slack in the manual (AFM) to incorporate the cargo shipping industry and TSO pallet net. limitations for carrying certain transported by ships, trains, and trucks. Although additional cargo straps have payloads. We are issuing this AD to The focus of this final rule is an been used to restrain the intermodal prevent intermodal containers loaded in intermodal container that is nominally containers to the pallets, the FAA the offset method from shifting during 20 feet long, 8 feet wide, and 8.5 feet determined that these straps are not flight gust loads and damaging fuselage tall. This nominally sized intermodal effective, and the intermodal container frames, which could lead to the container includes the dimensions of an can shift in flight. In 2013, a U.S. cargo structural failure of the aft fuselage in International Organization for operator requested permission from the flight and subsequent in-flight breakup Standardization (ISO) container ISO FAA to carry intermodal containers on of the airplane. 668–1CC. Because the intermodal Boeing Model 747 airplanes using the DATES: This AD is effective August 17, containers themselves do not meet the offset method—similar to procedures 2015. requirements of FAA Technical used by other U.S. and non-U.S. air Standard Order TSO–C90D, ‘‘Cargo carriers. Based on the FAA’s review of Examining the AD Docket Pallets, Nets and Containers (Unit Load the offset method, it denied the You may examine the AD docket on Devices),’’ the lower surface on these operator’s request. the Internet at http:// intermodal containers is incompatible Industry Testing of the Offset Method www.regulations.gov by searching for with most airplane cargo-loading and locating Docket No. FAA–2014– systems (CLSs). These intermodal In March 2014, some U.S. cargo 0780; or in person at the Docket containers, however, can be operators and Boeing conducted a series Management Facility between 9 a.m. concentrically loaded on an FAA- of full-scale tests, witnessed by the and 5 p.m., Monday through Friday, approved TSO–C90D pallet with a FAA, to demonstrate that carrying except Federal holidays. The AD docket certified net combination and loaded in intermodal containers by the offset contains this AD, the regulatory the center of the airplane, restrained by method could be shown safe and evaluation, any comments received, and the CLS or a series of straps connected compliant to the applicable regulations. other information. The address for the to the aircraft structure in accordance The test procedures were developed by Docket Office (phone: 800–647–5527) is with the airplane’s FAA-approved engineers from Boeing and some U.S. Docket Management Facility, U.S. Weight and Balance Manual (WBM) cargo operators, and were intended to Department of Transportation, Docket procedures for cargo that is not a Unit show compliance for flight loads on Operations, M–30, West Building Load Device (ULD). Model 747 airplanes only. The results Ground Floor, Room W12–140, 1200 The WBM is part of the Operating produced CLS failures and excessive New Jersey Avenue SE., Washington, Limitations section of the Airplane deflections. The preliminary test results DC 20590. Flight Manual (AFM). In accordance confirmed the FAA’s safety concerns.

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U.S. operators and Boeing conducted that has been demonstrated to be safe Comments additional testing to demonstrate that and compliant. We gave the public the opportunity to carrying intermodal containers by the Safety Issue participate in developing this AD. The offset method could be shown to be safe following presents the comments and compliant with applicable The current practice of carrying an received on the NPRM (79 FR 71037, regulations. This testing used methods intermodal container by the offset December 1, 2014) and the FAA’s from National Aerospace Standard method is not currently permitted by response to each comment. (NAS) 3610, with maximum payloads the Boeing Model 747 WBMs. A series that were reduced from those tested of tests has verified that an intermodal Support for the NPRM (79 FR 71037, previously. The intent was for Boeing to container, under certain flight-load December 1, 2014) use the test data to develop an conditions, can shift in both the The Air Line Pilots Association, appropriate loading method that could outboard and vertical directions. This International (ALPA), stated that they be incorporated into the Boeing Model shift by the intermodal container can fully support the intent of the NPRM (79 747 WBMs. The certified pallet net was damage as many as ten fuselage frames FR 71037, December 1, 2014). not used because previous testing per container position during flight, Request To Withdraw NPRM (79 FR showed it ineffective in restraining the leading to the structural failure of the aft 71037, December 1, 2014): Intermodal ISO container as the offset of the fuselage in flight, and subsequent in- Containers Are Permitted by WBMs container on the pallet introduces slack flight breakup of the airplane. in the net, with the container essentially Normally, the FAA does not issue The Cargo Airline Association, Atlas free to move laterally in the airplane by Air, International Air Transport the amount of the offset. ADs to address non-compliance with existing regulations. But because of the Association (IATA), National Air Carrier Significant engineering resources widespread nature of these practices, Association (NACA), Kalitta Air, LLC were applied, and a complex method of the FAA has determined that issuing an (Kalitta), and the Michigan Senate strapping installation and procedures AD is the most effective means of requested that we withdraw the NPRM and sequence for tightening the straps addressing this unsafe condition. (79 FR 71037, December 1, 2014). The was developed to preclude the excessive commenters asserted that offset deflections experienced during earlier This final rule, therefore, revises the intermodal containers are permitted by tests. While a few load cases were Operating Limitations section of the the Boeing Model 747 WBMs. The successful, some had very small margins FAA-approved AFM to incorporate commenters also asserted that the (precluding any reduction of the limitations on carrying certain payloads. Boeing Model 747 WBMs permit the complexity of the nearly 100 straps As revised, the AFM expressly states the restraint of an intermodal container and required). The testing was halted after pre-existing prohibition on carriage of pallet assembly with cargo restraint attempts to substantiate vertical loading either (1) intermodal containers straps only to the pallet (and not the repetitively overloaded the forward and nominally sized at 20 feet long, 8 feet airplane itself), whether or not the aft CLS restraint locks, and the proposed wide, and 8.5 feet tall, or (2) ISO 668– container is offset. The commenters cargo restraining method was deemed 1CC containers, if those containers are concluded that the NPRM statement unviable. not concentrically loaded on a pallet indicating that ‘‘the current practice of FAA engineering from the Transport and restrained to the aircraft in carrying an intermodal container by the Airplane Directorate has been accordance with the FAA-approved offset method is not permitted by the extensively involved in the testing of WBMs or WBM supplement. Boeing Model 747 Weight and Balance offset loading methods for intermodal Explanation of Changes to the Final Manual’’ is incorrect and completely at containers with the objective to Rule odds with Boeing’s WBMs. The determine and document a safe and commenters limited their views to only compliant methodology that could be Since issuing the NPRM (79 FR those Model 747 WBMs created by the basis for a Boeing Model 747 Weight 71037, December 1, 2014), the FAA has Boeing. and Balance Supplement for airline use learned that some operators might We disagree with the request. Since worldwide. Testing to date indicates regard changes that they make to the the commenters did not address any this objective has not been met. Boeing Weight and Balance Manual to supplemental WBMs produced by When positioned in accordance with be ‘‘FAA approved,’’ even though the holders of supplemental type the WBMs, an intermodal container is operators have not sought FAA approval certificates (STCs), our response is secured to the CLS pallet along its entire through the supplemental type limited to a discussion of the Boeing length by straps and netting. Offsetting certificate process, as described in the Model 747 WBMs. As explained below, the container has the effect of creating NPRM. To clarify that only changes contrary to the commenters’ assertions, slack in the net and straps, except at the made through the type certificate the Boeing Model 747 WBMs do not ends of the container. As a result, when process are considered ‘‘FAA permit loading of either offset gust loads are encountered, most of the approved,’’ we have revised the intermodal containers or intermodal loads are transferred to the locks at the language of the final rule to specifically containers strapped only to the pallet. ends of the container and are not shared reference the FAA-approved Boeing As discussed in the NPRM, in with the locks in the middle. This type certificate Weight and Balance accordance with section 21.41 of the uneven loading has the effect of Manual or a Supplemental Weight and Federal Aviation Regulations (14 CFR exceeding the structural capability of Balance Manual approved through the 21.41), the operating limitations are part the locks at the ends of the container. supplemental type certificate process. of the airplane’s type certificate (TC). This phenomenon quickly failed the Given the comments opposing the The operating limitations specified in forward and aft CLS locks during proposed AD discussed below, it is the Boeing Model 747 WBMs are vertical testing, as confirmed by both apparent that the commenters were not established by the TC holder at the time sets of industry testing. confused on this point. Nevertheless, of type certification as necessary to At this time, there is no offset method this clarification will prevent confusion demonstrate that the airplane, when for restraining intermodal containers for any operator in the future. properly loaded, will comply with all

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applicable airworthiness requirements. and is not allowed as a certified ULD Similarly, all evidence indicates that on One of these requirements is to under the Boeing Model 747 WBMs. April 29, 2013, National Airlines Flight demonstrate the capability of the The Boeing Model 747 WBMs require 102 crashed shortly after takeoff from airplane to continue safe operation that all cargo other than the identified Bagram, Afghanistan, because cargo when subjected to a range of structural ULDs be restrained to the airplane by shifted. We have not changed this final loads that may be encountered during straps in accordance with instructions rule regarding this issue. operations (14 CFR 25.1519). The specified in the WBMs. The Boeing Request To Withdraw NPRM (79 FR Boeing Model 747 WBMs provide Model 747 WBMs provide detailed 71037, December 1, 2014): Proposal operators with detailed instructions, instructions that define the specific Based on Unfounded Principles including restrictions, on how the locations where straps must be attached airplane may be loaded such that after to the airplane structure, as well as Atlas Air, the Cargo Airline loading and during flight the airplane other information such as maximum Association, Kalitta, NACA, and United still is in compliance with the operating weights to be restrained at each Parcel Service (UPS) requested that we limitations. location. With one recently approved withdraw the NPRM (79 FR 71037, The Boeing Model 747 cargo airplanes exception,1 nothing in the Boeing Model December 1, 2014) because it misstates are equipped with a cargo loading 747 WBMs or in NAS 3610 allows for an important principle. The commenters system, which is part of the airplane’s the use of straps to restrain cargo to the noted that the NPRM stated that ‘‘the type design and consists of roller trays, ULD pallet itself. Weight and Balance Manual is part of guides, latches, and locks that restrain Therefore, contrary to the the Operating Limitations section of the the cargo to the airplane for flight loads. commenters’ assertions, the Boeing Airplane Flight Manual (AFM).’’ The A Unit Load Device (ULD) is a device Model 747 WBMs do not permit loading commenters asserted that a reader could infer from this that all content in an for grouping and retaining cargo for of either offset intermodal containers or airplane manufacturer’s WBMs is part of transit. The Boeing Model 747 WBMs intermodal containers strapped only to the Operating Limitations section of the include, as part of the operating the pallet. Furthermore, neither Boeing AFM. The commenters contended that limitations, instructions that identify nor any of the commenters have shown since Boeing’s Model 747 WBMs which ULDs may be loaded into the that the airplane, when loaded with contain operating procedures in airplane’s cargo loading system on the offset containers, complies with the addition to operating limitations, only main cargo deck of the airplane without applicable airworthiness standards of portions of the WBMs are part of the additional restraint to the airplane’s part 25. As discussed in the NPRM, any Operating Limitations section of the structure. such showing would have to be done by AFM. The commenters also noted that a change to the type certificate in Although the actual wording in these Boeing frequently revises the WBMs, accordance with FAA Order 8110.4C. manuals varies slightly, all Boeing and when Boeing does so, Boeing does We have not changed this final rule Model 747 WBMs require that, to be not amend the type certificate, which regarding this issue. carried on the main deck without the commenters assert would be ‘‘a additional restraints, ‘‘certified’’ ULDs Opposition to NPRM (79 FR 71037, laborious process.’’ must conform to FAA Technical December 1, 2014): History of Safety We agree with the commenters’ Standard Order (TSO) TSO–C90, ‘‘Cargo proposition that not all of a IATA, Kalitta, and the Michigan Pallets, Nets, and Containers,’’ or to manufacturer’s WBM is necessarily part Senate opposed the NPRM (79 FR National Aerospace Standard (NAS) of the AFM operating limitations, but 71037, December 1, 2014), stating that it 3610 (‘‘Cargo Unit Load Devices— we disagree with their assertion that Specification For’’), the document the does not refer to any incident or FAA-approved loading instructions are TSO references as a requirement. NAS accident. The commenters reported that not operating limitations. We also 3610 is an industry standard used to for more than 40 years, intermodal disagree with the commenters’ request define the required configuration and containers loaded as offset cargo have to change the rule as originally certification testing for various ULDs. been carried with no damage to frames. proposed. As provided in 14 CFR The types of certified ULDs identified We disagree with the commenters’ 25.1583(c), the WBM is referenced in in the Boeing Model 747 WBMs are conclusion. As discussed in the NRPM, the AFM and contains operating NAS 3610-compliant containers) and industry and Boeing testing have shown limitations approved under that section. pallet-net combinations. Containers that offset loading of intermodal Section 25.1583(c)(2) requires that the identified in NAS 3610 are attached containers can allow the cargo to shift, AFM include loading instructions that directly to the airplane’s cargo loading which would be unsafe under certain are necessary to ensure loading of the system. Intermodal containers, which flight load conditions. (The AD docket airplane within the weight and center of are the subject of this AD, do not meet contains a Boeing presentation gravity limits, and to maintain the the standard for NAS 3610 containers. summarizing these test results.) The loading within these limits in flight. For the pallet-net combinations, the purpose of this AD, and all ADs, is to While the Boeing Model 747 WBMs may cargo is restrained to the pallet by a net correct an unsafe condition regardless of include information other than that attaches to the pallet on all four whether that condition has caused limitations, the loading instructions sides and covers the cargo. Under the accidents in the past. discussed previously are limitations, Boeing Model 747 WBMs, an intermodal Furthermore, in general, the shifting and the FAA approved the Boeing container may be loaded into a certified of cargo in flight has resulted in Model 747 WBMs based on a pallet-net combination ULD as long as numerous incidents and accidents. For determination that, as operating the intermodal container is located example, on August 7, 1997, Fine Air limitations, these instructions were within the perimeter of the pallet. Flight 101 crashed shortly after takeoff adequate to meet the requirements of 14 However, as explained in the NRPM, an from Miami because cargo shifted. CFR 25.1583. intermodal container offset from its For many years the FAA has 1 The FAA recently approved a supplement to the pallet introduces slack in the Boeing Model 747 WBMs that allows strapping of recognized that both the weight and corresponding net and, therefore, does cargo to a pallet under limited circumstances that balance information and the loading not meet the requirements of NAS 3610 are not relevant to this rulemaking. instructions are operating limitations.

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For example, in FAA Advisory Circular contrary to the FAA’s own guidance Opposition to NPRM (79 FR 71037, (AC) 25.1581–1, dated July 14, 1997 material, and will have a significant and December 1, 2014): Unrealistic Cost (http://rgl.faa.gov/Regulatory_and_ far-reaching operational and economic Estimate _ Guidance Library/ impact on all U.S. air carriers in the Cargo Airline Association, Atlas Air, rgAdvisoryCircular.nsf/0/ future, no matter what kind of aircraft IATA, NACA, and Kalitta alleged that cb7efbdd420bd265862569b3005479d7/ they operate. The commenter stated that the FAA’s determination of the $FILE/AC25-1581-1.pdf), the FAA the FAA should carefully consider the estimated costs to comply with the stated, in Section 2b(1), ‘‘Any ramifications of adopting a policy of NPRM (79 FR 71037, December 1, 2014) limitations on airplane loading ‘‘what is not explicitly allowed is is fundamentally flawed because it is associated with the stated weight forbidden.’’ The commenter stated that based on an unreasonably narrow view limitations must be included in the this approach reaches well beyond the of the AD’s costs and, as a result, the AFM or addressed in a separate weight particular matter at hand, and can create FAA’s cost estimate is unrealistically and balance document.’’ low. The commenters concluded that These loading instructions are the a regulatory environment that stifles innovation, and requires a manufacturer the AD, if issued as proposed, would procedures that Boeing determined were have significant, multi-million dollar necessary to load and restrain cargo for or the FAA to think in advance of every kind of operation that may possibly cost consequences and competitiveness flight loads; these instructions are used implications for all U.S. Model 747 arise, and provide for it in the regulatory to show compliance with the design freighter operators, with no appreciable documents. According to the requirements for the airplane, including countervailing safety benefits. In the structural capabilities of the cargo commenter, this would create an particular, the commenters stated that loading system, airplane floors, and impossible burden on government and when intermodal containers are carried fuselage, and are therefore operating industry both. in the offset manner, additional cargo limitations. The types of ULDs and We disagree with the commenter’s can be carried in the adjacent cargo methods to restrain cargo are limitations assertions. As discussed previously, the pallet positions. The commenters provided in the Boeing Model 747 Boeing Model 747 WBMs define safe further asserted that if the intermodal WBMs that ensure the airplane structure containers are required to be restrained is not overloaded throughout the and compliant methods for loading the airplane. The Boeing Model 747 WBMs to the airplane, the necessary restraint airplane’s defined flight envelope. For configuration would preclude the this reason, additions to the approved provide the instructions required by 14 CFR 25.1583, enabling the operators to carriage of the adjacent positions and list of ULDs or deviations to the that revenue from the adjacent positions structural tie-down locations that are load and restrain cargo in a manner that does not permit the shifting of cargo would be lost. not approved through the type We do not agree with the commenters’ during flight, which could cause certification process result in allegations. As discussed previously and noncompliant and unknown conditions damage to the airplane or result in a in the NPRM, carriage of offset that could result in the structural configuration leading to the loss of containers is contrary to the limitations overload to the airplane under certain control of the airplane. As discussed in the Boeing Model 747 WBMs and, flight loads. previously, these instructions are therefore, contrary to 14 CFR 91.9(a). Adopting the commenters’ argument considered operating limitations. The intent of this AD is to require that these loading instructions are not Operation of the airplane beyond those operators to revise their AFMs in a limitations and, therefore, not limits is not permitted by the Boeing manner that eliminates this already- mandatory would lead to the anomalous Model 747 WBMs. Section noncompliant practice, which we have result that, while the weight and 121.135(b)(21) requires operators to determined creates an unsafe condition. balance limitations are mandatory, the include in their manuals methods and Based on the FAA’s determination that means to ensure they are complied with procedures for maintaining the aircraft this conduct is noncompliant, the FAA are not. weight and center of gravity within has already directed individual Regarding the commenter’s statement operators not to carry intermodal that Boeing frequently changes the approved limits. The unsafe condition addressed in this AD is a result of containers using the offset method.2 WBMs, those changes are in fact Issuance of this AD fulfills the FAA’s changes to the type certificate, which operators having adopted methods and procedures that are contrary to the international obligations of informing are approved by the FAA or its foreign airworthiness authorities of the designees. We have not changed this WBM instructions and, as a result, not within the approved limits. existence of this unsafe condition and of final rule regarding this issue. the appropriate means for addressing it, Opposition to NPRM (79 FR 71037, Innovations are acceptable provided as well as reinforces the determination December 1, 2014): AD Approach Is they meet the limits specified in the discussed previously. Overly Broad and Burdensome WBMs. Innovations that exceed those Moreover, the cost associated with limits must be approved as changes to ceasing noncompliant conduct is not Kalitta asserted that the NPRM (79 FR the WBM, as required by subparts D and attributable to this AD, regardless of 71037, December 1, 2014) appears to E of 14 CFR part 21, and as provided in how profitable that conduct may be. The assume that the offset configuration is cost information in AD actions describes already forbidden because it is not FAA Order 8110.4C, dated March 28, _ only the direct costs of the specific explicitly provided for in the Boeing 2007 (http://rgl.faa.gov/Regulatory _ _ action required by the AD—in this case, Model 747 WBMs—i.e., unless the and Guidance Library/rgOrders.nsf/0/ revising the AFM. We recognize that, in loading of a specific ULD or type of d21193af2d37a8ba862570ab0054c104/ _ _ doing the actions required by an AD, cargo and configuration is specifically $FILE/8110.4C CHG5 operators might incur operational costs defined in the Boeing Model 747 WBMs, Incorporated.pdf), which describes the in addition to the direct costs. The cost it is prohibited. The commenter asserted process for obtaining FAA approval for changes to the airplane’s type that this is a novel interpretation and is 2 For example, a letter dated May 2, 2014, unduly restrictive, contrary to accepted certificate. We have not changed this directing Kalitta to discontinue this practice is and normal air carrier operations and final rule regarding this issue. included in the docket.

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analysis in AD rulemaking actions, including Boeing and cargo operators, not directly to the airplane. In fact, the however, typically does not include considered necessary to show procedures described in IATA OS 6/13 incidental or operational costs such as compliance to the regulations, and even are contrary to the Boeing Model 747 the time required for planning or other a scenario using empty containers. The WBMs for the reasons discussed administrative actions. Our analysis also tests demonstrated that offset previously. would not include possible revenue lost intermodal containers would not be The commenters provided no as a result of ending noncompliant restrained securely for flight loads such evidence of Boeing support and operations. The FAA recognizes that the as heavy turbulence. As discussed approval regarding use of offset reason operators carry intermodal previously, loading offset intermodal methods. Boeing’s comments did not containers in violation of the Boeing containers is already contrary to the include any statement that offset Model 747 WBM limitations is that it is limitations of the Boeing Model 747 carriage of intermodal containers more profitable. The amount of revenue WBMs. If commenters believe that they without restraint directly to the airplane that could be generated when cargo is can show compliance with the complies with the Boeing Model 747 carried in a noncompliant manner is applicable part 25 airworthiness WBMs. Neither the FAA nor Boeing has almost impossible to calculate. standards using offset containers, they found any evidence that Boeing was We have not changed this final rule may apply for supplemental type involved in or aware of the carriage of regarding this issue. certificates (STCs). Any such STCs, if intermodal containers in the 1970s. granted, would also be considered as a We have not changed this final rule Opposition to NPRM (79 FR 71037, possible alternative method of regarding this issue, although any December 1, 2014): Economic Impact on compliance (AMOC) to this AD. operator may request approval of an Small Entities AMOC for use of an STC WBM Kalitta and the Michigan Senate Request To Delay Issuance of AD supplement. However, in this case, stated that the NPRM (79 FR 71037, Pending Acceptance of New Testing because IATA OS 6/13 is so similar to December 1, 2014) fails to account for Kalitta, NACA, and the Michigan the documented tested failures, new test impact on small entities because most Senate requested that we delay issuing data would be required to show that the airlines that would be affected by the a final AD because new testing by IATA method meets the applicable NPRM have fewer than 1,500 Kalitta shows that the offset airworthiness requirements to support employees. The commenters stated that configuration can be used without approval of an STC. this is a significant economic impact by posing a threat to safety. We disagree with the request. The test Request To Allow Offset Containers, If loss of revenue. Strapped to Airplane As discussed previously, we have process and results have not been determined that there is no significant submitted to the FAA for approval. Atlas Air, Boeing, AirbridgeCargo impact on air carriers in the United However, if the testing is completed and Airlines LLC (AirbridgeCargo), NACA, States because loading offset intermodal approved, it may serve as the basis for and UPS requested that the intermodal containers is contrary to the limitations a new STC, which we would then containers be allowed to be loaded of the Boeing Model 747 WBMs, and is consider as a possible AMOC to this AD. offset on the pallet, provided that the therefore already prohibited. That is, We have not changed this final rule containers are restrained directly to the whether or not this final rule is issued, regarding this issue. airplane by retention straps. A number of the commenters stated that this the practice of carrying intermodal Request To Withdraw NPRM (79 FR containers in the offset method is not practice is already allowed by the 71037, December 1, 2014): Unnecessary WBMs and that they currently use this permitted for U.S. air carriers as it is a Based on New Operating Specifications noncompliant and unsafe practice. method. Cargo Airline Association, IATA, We disagree with the request. None of Opposition to NPRM (79 FR 71037, Kalitta, NACA, and the Michigan Senate the commenters provided any actual December 1, 2014): Inadequate Testing requested that we withdraw the NPRM data demonstrating a compliant restraint Cargo Airline Association, Atlas Air, (79 FR 71037, December 1, 2014). IATA method to the airplane for an offset NACA, IATA, Kalitta, and the Michigan recently issued Operating Specification intermodal container. Further, none Senate criticized the tests discussed in (OS) 6/13 (ULD: Operating have demonstrated that they currently the NPRM (79 FR 71037, December 1, Specifications). According to the use a method complying with the 2014) that confirmed the FAA’s commenters, IATA OS 6/13 provides Boeing WBMS. The Boeing Model 747 determination that loading containers in guidance for safely handling multiple WBMs describe how to restrain cargo, the offset position is an unsafe configurations of offset sea-land offset or not, as special cargo restrained condition, arguing they were unrealistic (intermodal) containers and ensuring to the airplane; however, when the or inconclusive. In general, the the effectiveness and ultimate load cargo is restrained correctly to the commenters claimed that the tests used strength of tie-down arrangements. The airplane, so many straps would be configurations of intermodal containers commenters asserted that offset methods attached to so many locations on the and their restraints that are different for intermodal containers developed in aircraft that no cargo could be carried from those used in service and applied the 1970s by some airlines had received adjacent to the offset intermodal pass-fail criteria that were unnecessarily Boeing support and approval. container. Thus, the benefit of increased stringent. We disagree with the request. The capacity gained by installing an offset We do not agree that the tests were commenters did not submit data to container would be lost. Therefore, the unrealistic or inadequate. A detailed show how IATA OS 6/13 complies with FAA finds it unlikely that operators are discussion of the commenters’ technical the applicable regulations. Further, actually using compliant methods to concerns regarding the tests is included IATA OS 6/13 documents procedures restrain offset intermodal containers. in the AD docket. similar to those found to have failed We have not changed this final rule In short, the tests of offset intermodal early on in the testing described in the regarding this issue. However, under the containers discussed in the NPRM preamble to the NPRM. For example, provisions of paragraph (i) of this AD, included a range of configurations, these procedures include strapping the we will consider requests for approval including those that the participants, intermodal container to the pallet, and of an AMOC if sufficient data are

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submitted to substantiate that the (http://www.icao.int/safety/ requirement to ‘‘insert a copy of this AD alternative method would provide an airnavigation/NationalityMarks/ into the Limitations section of the acceptable level of safety. These data annexes_booklet_en.pdf) requires that AFM.’’ would need to include the compliant civil aviation authorities of other We disagree with the request. restraint methodology. countries take appropriate action in Paragraph (g) of the proposed AD (79 FR response to FAA ADs. Based on the Request To Withdraw NPRM (79 FR 71037, December 1, 2014) would allow FAA’s determination of the unsafe 71037, December 1, 2014): Unlevel operators to insert a copy of this AD into condition addressed by this AD, we Playing Field With International the Limitations section of the AFM. expect foreign authorities to adopt Carriers However, operators may also comply similar requirements. Regarding the with this AD by revising the operating Kalitta and the Michigan Senate potential for other civil aviation limitations. Operating limitations are a requested that we withdraw the NPRM authorities to adopt IATA’s procedures part of the type certificate for an (79 FR 71037, December 1, 2014). They as an AMOC for their ADs, as discussed airplane. For many years, we have asserted that by issuing this AD we previously, the IATA procedures are imposed operating restrictions that are provide their foreign competitors with a similar to those that have been tested necessary to address identified unsafe significant competitive advantage. previously and that the FAA considers conditions by requiring revisions to the Kalitta stated that while the FAA may to be unsafe. We have no reason to Operating Limitations section of the believe that incorporation of these believe other authorities would reach a AFM. For this reason, as stated in the restrictions into an AD will solve the different conclusion. NPRM (79 FR 71037, December 1, 2014), competition problem by ‘‘leveling the We have not changed this final rule we must engage in rulemaking (i.e., playing field,’’ as they will apply to all regarding this issue. issuance of an AD) in order to make the U.S. carriers, and will be adopted by revisions mandatory for previously many foreign governments, the agency Request To Withdraw NPRM (79 FR type-certificated airplanes. While the needs to reconsider this position. The 71037, December 1, 2014) or Delay Boeing Model WBMs are contained in a commenters added that foreign Issuance of AD Pending WBM Revision ‘‘Boeing document’’ in the sense that authorities may or may not adopt the NACA and AirbridgeCargo requested Boeing originally produced it, the AD as written, but they have wide that we delay issuance of the AD until document, nevertheless, is a part of the latitude in what sort of AMOCs they all new testing is completed. Based on airplane flight manual that operators will permit their carriers to use. The its understanding of the current round commenters also stated that foreign of testing, NACA stated that there is a must use to operate the airplane authorities will very likely look to the strong likelihood the Boeing Model 747 properly. Of course, those operators that IATA standards to provide an WBMs will be revised. AirbridgeCargo have previously revised the required acceptable AMOC, enabling their proposed that further research be done AFM limitations are given credit for carriers to continue to operate in the to establish a weight limit for having previously accomplished the very manner that will be foreclosed to intermodal containers. The commenters requirements of this AD, as allowed by U.S. air carriers. therefore preferred a revised WBM to an paragraph (f) of this AD. The legal effect Kalitta asserted that this ‘‘unexpected AD, which would also allow U.S. cargo is the same: The operator is required to gift to foreign airlines’’ is not carriers to fully compete with foreign comply with the limitations referenced necessitated by safety of flight, and is carriers on a level playing field. in 14 CFR 91.9(a). We have not changed contrary to the policy considerations We disagree with the request. To date, this final rule regarding this issue. mandated by Congress in the all testing to support a revision to the Request To Revise Description of Issue International Air Transportation Boeing Model 747 WBMs has been Prompting Rulemaking Competition Act (49 U.S.C. 40101), unsuccessful. Although there is a which requires the Secretary of current plan for more testing by a U.S. Boeing requested that we revise the Transportation to strengthen the air carrier to support an STC description of the issue that prompted competitive position of air carriers to application, it is unclear if the testing the NPRM (79 FR 71037, December 1, ensure at least equality with foreign air will be successful and when it will be 2014). The NPRM stated that recent carriers, including the attainment of the completed. If the testing resumes and testing indicates that intermodal opportunity for air carriers to maintain provides a successful conclusion, and if containers, when loaded as cargo, can and increase their profitability in air sufficient data are submitted to shift. While implicitly agreeing that foreign transportation. According to the substantiate that the products or loading offset containers is unsafe commenters, this obviously does not alternative methods would provide an unless they are restrained directly to the mean that the FAA should ignore acceptable level of safety, the FAA airplane, Boeing requested that we serious safety issues out of concern for could consider new methods or change the wording to explain that the U.S. carriers’ competitive position, but products as acceptable for compliance condition is limited to ‘‘cargo using a that the agency must take account of with the requirements of this AD. We TSO–C90 certified ULD.’’ U.S. carriers’ financial health and have not changed this final rule We disagree with the requested competitive standing, and avoid regarding this issue. change. The SUMMARY section of this adopting measures and policies that final rule and paragraph (e) of this AD harm carriers unless they are absolutely Request To Change Requirement To go on to explain that intermodal necessary. Revise AFM containers loaded in the offset method We disagree with the request. Section Boeing requested that we revise are the subject of this AD, and the type 44701 of 49 U.S.C. requires the FAA to paragraph (g) of the proposed AD (79 FR of ULD does not change the unsafe promote the safe flight of civil aircraft 71037, December 1, 2014), which condition. Further, not all Boeing Model by, among other things, prescribing proposed to require revising the 747 WBMs refer to TSO–C90; several regulations and minimum standards for Operating Limitations section of the refer directly to the TSO–C90-required aircraft. In addition, the International AFM. Boeing stated that airlines are not document NAS 3610. We have therefore Civil Aviation Organization (ICAO) able to revise a Boeing AFM. Boeing not revised this final rule regarding this Annex 8, Airworthiness of Aircraft requested that we change the issue.

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Request To Delete Reference to TSO We agree that the revision level of changes. We have determined that these Revision Level TSO–C90 does not matter; an minor changes: intermodal container conforms to none • Are consistent with the intent that Boeing and UPS stated that the of the revision levels. However, the was proposed in the NPRM (79 FR SUPPLEMENTARY INFORMATION section of Discussion section of the NPRM (79 FR 71037, December 1, 2014) for correcting the NPRM (79 FR 71037, December 1, 71037, December 1, 2014) is not the unsafe condition; and • 2014) referred to a ‘‘TSO–C90D’’ pallet. repeated in this final rule. No change to Do not add any additional burden Revision D is the latest issue of TSO– this final rule is necessary. upon the public than was already C90, and per the WBMs applicable to proposed in the NPRM (79 FR 71037, Boeing Model 747 airplanes, approved Conclusion December 1, 2014). ULDs for carriage may conform to the TSO–C90 revision to which they were We reviewed the relevant data, Costs of Compliance certified. UPS recommends revising the considered the comments received, and We estimate that this AD affects 98 Discussion section of the NPRM to determined that air safety and the airplanes of U.S. registry. We estimate remove the revision level when TSO– public interest require adopting this AD the following costs to comply with this C90 is referenced. as proposed—except for minor editorial AD:

ESTIMATED COSTS

Cost per Cost on U.S. Action Labor cost Parts cost product operators

AFM revision ...... 1 work-hour × $85 per hour = $85 ...... $0 $85 $8,330

Authority for This Rulemaking (4) Will not have a significant certificated in any category, equipped with a Title 49 of the United States Code economic impact, positive or negative, main deck side cargo door (MDSCD). specifies the FAA’s authority to issue on a substantial number of small entities (d) Subject rules on aviation safety. Subtitle I, under the criteria of the Regulatory Flexibility Act. Air Transport Association (ATA) of section 106, describes the authority of America Code 53, Fuselage. the FAA Administrator. Subtitle VII: List of Subjects in 14 CFR Part 39 Aviation Programs, describes in more (e) Unsafe Condition detail the scope of the Agency’s Air transportation, Aircraft, Aviation This AD was prompted by recent testing authority. safety, Incorporation by reference, that indicates that intermodal containers, We are issuing this rulemaking under Safety. when loaded as cargo, under certain flight- the authority described in Subtitle VII, Adoption of the Amendment load conditions, can shift and impact the Part A, Subpart III, Section 44701: adjacent fuselage frames. We are issuing this ‘‘General requirements.’’ Under that Accordingly, under the authority AD to prevent intermodal containers loaded section, Congress charges the FAA with delegated to me by the Administrator, in the offset method from shifting during promoting safe flight of civil aircraft in the FAA amends 14 CFR part 39 as flight gust loads and damaging fuselage air commerce by prescribing regulations follows: frames, which could lead to the structural for practices, methods, and procedures failure of the aft fuselage in flight, and the Administrator finds necessary for PART 39—AIRWORTHINESS subsequent in-flight breakup of the airplane. DIRECTIVES safety in air commerce. This regulation (f) Compliance is within the scope of that authority ■ because it addresses an unsafe condition 1. The authority citation for part 39 Comply with this AD within the that is likely to exist or develop on continues to read as follows: compliance times specified, unless already products identified in this rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. done. action. § 39.13 [Amended] (g) Revision of Airplane Flight Manual Regulatory Findings (AFM) ■ 2. The FAA amends § 39.13 by adding This AD will not have federalism Within 14 days after the effective date of the following new airworthiness this AD, revise the Operating Limitations implications under Executive Order directive (AD): section of the FAA-approved AFM to include 13132. This AD will not have a the information in figure 1 to paragraph (g) substantial direct effect on the States, on 2015–14–09 The Boeing Company: Amendment 39–18207; Docket No. of this AD. This may be accomplished by the relationship between the national FAA–2014–0780; Directorate Identifier inserting a copy of this AD into the government and the States, or on the 2014–NM–168–AD. Limitations section of the AFM. distribution of power and responsibilities among the various (a) Effective Date FIGURE 1 TO PARAGRAPH (g) OF THIS levels of government. This AD is effective August 17, 2015. AD—AFM REVISION For the reasons discussed above, I (b) Affected ADs certify that this AD: (1) Is not a ‘‘significant regulatory None. Unless approved by the Manager of the Se- action’’ under Executive Order 12866, (c) Applicability attle Aircraft Certification Office, the car- (2) Is not a ‘‘significant rule’’ under riage of the following payloads is prohib- This AD applies to The Boeing Company ited: DOT Regulatory Policies and Procedures Model 747–100, 747–100B, 747–100B SUD, (44 FR 11034, February 26, 1979), 747–200B, 747–200C, 747–200F, 747–300, (3) Will not affect intrastate aviation 747–400, 747–400D, 747–400F, 747SR, in Alaska, and 747SP, 747–8F, and 747–8 series airplanes,

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FIGURE 1 TO PARAGRAPH (g) OF THIS Issued in Renton, Washington, on July 7, Commerce, Telephone: 202–482–1309, AD—AFM REVISION—Continued 2015. email: [email protected]. For Jeffrey E. Duven, general questions about the regulatory (1) Intermodal containers nominally sized at Manager, Transport Airplane Directorate, changes pertaining to satellites, 20 feet long, 8 feet wide, and 8.5 feet tall Aircraft Certification Service. spacecraft, and related items, contact that are not concentrically loaded on a pal- [FR Doc. 2015–17031 Filed 7–10–15; 8:45 am] the Regulatory Policy Division, Office of let and restrained to the aircraft in accord- ance with the FAA-approved Boeing type BILLING CODE 4910–13–P Exporter Services, Bureau of Industry certificate Weight and Balance Manual or a and Security, at 202–482–2440 or email: supplemental type certificate Weight and [email protected]. Balance Supplement. DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: (2) ISO 668-1CC containers that are not con- Background centrically loaded on a pallet and re- Bureau of Industry and Security strained to the aircraft in accordance with This final rule makes corrections and the FAA-approved Boeing type certificate 15 CFR Parts 736, 740, 744, 748, and clarifications to the interim final rule, Weight and Balance Manual or a supple- 774 Revisions to the Export Administration mental type certificate Weight and Balance Regulations (EAR): Control of Supplement. [Docket No. 150325297–5297–01] Spacecraft Systems and Related Items Note: Both payloads 1 and 2 may be con- RIN 0694–AG59 the President Determines No Longer centrically loaded on a pallet and netted in Warrant Control Under the United accordance with the FAA-approved Weight and Balance Manual and then loaded in Clarifications and Corrections to the States Munitions List (USML), that was the center of the airplane and restrained to Export Administration Regulations published on May 13, 2014 (79 FR the airplane by the approved center loaded (EAR): Control of Spacecraft Systems 27417) (May 13 rule). The May 13 rule cargo restraint system or restrained directly and Related Items the President added controls to the Export to the airplane, both as defined in the FAA- Determines No Longer Warrant Control Administration Regulations (EAR) for approved Weight and Balance Manual. Under the United States Munitions List spacecraft and related items that the (USML) President has determined no longer (h) Special Flight Permits warrant control under United States AGENCY: Bureau of Industry and Special flight permits, as described in Munitions List (USML) Category XV— Security, Department of Commerce. Section 21.197 and Section 21.199 of the spacecraft and related items. The vast Federal Aviation Regulations (14 CFR 21.197 ACTION: Final rule. majority of the changes included in the and 21.199), are not allowed if any May 13 rule have been implemented as SUMMARY: This final rule makes intermodal container prohibited as specified published in the interim final rule and additional clarifications and corrections in figure 1 to paragraph (g) of this AD is on are not republished in this final rule. A to the interim final rule that was board. For special flight permits, carriage of full description of those changes can be published on May 13, 2014. The May 13 freight is not allowed. found in the Background section and rule added controls to the Export the regulatory text of the May 13 rule. (i) Alternative Methods of Compliance Administration Regulations (EAR) for BIS also published corrections and (AMOCs) spacecraft and related items that the clarifications to the May 13 rule in a (1) The Manager, Seattle Aircraft President has determined no longer final rule published on November 12, Certification Office (ACO), FAA, has the warrant control under United States 2014 (79 FR 67055). authority to approve AMOCs for this AD, if Munitions List (USML) Category XV— The changes included in this final requested using the procedures found in 14 spacecraft and related items. rule are limited to corrections and CFR 39.19. In accordance with 14 CFR 39.19, The changes included in this final clarifications to what was included in send your request to your principal inspector rule are limited to corrections and the May 13 rule but are also informed or local Flight Standards District Office, as clarifications to what was included in by comments received in response to appropriate. If sending information directly the interim final rule. This is the second the May 13 rule. These corrections and to the manager of the ACO, send it to the corrections and clarifications rule BIS clarifications to the May 13 rule are attention of the person identified in has published for the May 13 rule. described below. paragraph (j) of this AD. Information may be These corrections and clarifications In § 736.2 (General Prohibitions), this emailed to: 9-ANM-Seattle-ACO-AMOC- were also informed by comments final rule revises the heading of [email protected]. received in response to the May 13 rule paragraph (b)(3)(iii) (Additional country (2) Before using any approved AMOC, that included a request for comments. scope of prohibition for 9x515 or ‘‘600 notify your appropriate principal inspector, The corrections and clarifications to series’’ items) to remove the term or lacking a principal inspector, the manager the May 13 rule are also part of ‘‘additional.’’ The country scope of of the local flight standards district office/ Commerce’s retrospective regulatory prohibition of paragraph (b)(3)(iii) for certificate holding district office. review plan under Executive Order (EO) the 9x515 and ‘‘600 series’’ items is (j) Related Information 13563 (see the SUPPLEMENTARY specified in this paragraph for purposes INFORMATION section of this rule for of General Prohibition Three. The For more information about this AD, information on the availability of the country scope of prohibition of contact Steven C. Fox, Senior Aerospace plan). paragraph (b)(3)(iii) for the 9x515 items Engineer, Airframe Branch, ANM–120S, applies to destinations in Country DATES: FAA, Seattle Aircraft Certification Office This rule is effective July 13, Groups D:5 and E:1 (see Supplement (ACO), 1601 Lind Avenue SW., Renton, WA 2015. No. 1 to part 740 of the EAR). However, 98057–3356; phone: 425–917–6425; fax: 425– FOR FURTHER INFORMATION CONTACT: For because of the use of the term 917–6590; email: [email protected]. questions about the ECCNs included in ‘‘additional’’ in the heading of (k) Material Incorporated by Reference this rule, contact Dennis Krepp, Office paragraph (b)(3)(iii), BIS has received None. of National Security and Technology questions from the public whether the Transfer Controls, Bureau of Industry country scope of prohibition specified and Security, U.S. Department of in paragraph (b)(3)(i) also needs to be

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