[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Page 44233]
[FR Doc No: 2018-18820]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0729]

Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Fort Pierce, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for
comments.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Fort Pierce North Causeway A1A
Bridge (Banty Sanders) across the Atlantic Intracoastal Waterway
(AICW), mile 964.8 at Fort Pierce, St Lucie County FL. This deviation
will test a change to the drawbridge operation schedule to determine
whether a permanent change to the schedule is needed. This deviation
will allow the bridge to remain in the closed to navigation position
from 7 a.m. to 7 p.m.

DATES: This deviation is effective from 7 a.m. on September 1, 2018 to
7 a.m. on February 28, 2019. Comments and related material must reach
the Coast Guard on or before January 1, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0729 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this test
deviation, call or email LT Samuel Rodrigues-Gonzalez, Sector Miami
Waterways Management Division, U.S. Coast Guard; telephone 305-535-
4307, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Background, Purpose and Legal Basis

    The Fort Pierce North Causeway A1A Bridge (Banty Sanders) across
the AICW, mile 964.8 in Fort Pierce, St Lucie County, FL is a bascule
bridge. It has a vertical clearance of 26 feet at mean high water in
the closed position and a horizontal clearance of 90 feet. The bridge
currently operates under 33 CFR 117.5. There has been a large increase
in vehicular traffic over the bridge in recent years due to large areas
along the beach being developed for residential homes. This test
deviation would provide for the bridge to operate on an advertised
schedule for openings. The draw shall open on signal; except that, from
7 a.m. to 7 p.m. Monday through Friday except Federal Holidays,
Saturdays and Sundays, the draw will open three times per hour: On the
hour, 20 minutes past the hour and 40 minutes past the hour. Vessels in
distress, public vessels of the United States, and tugs with tows must
be passed at any time.
    This waterway is utilized by vessels of the United States,
commercial vessels, as well as recreational vessels. There is no
alternate route for vessels desiring to travel north in the AICW.
Vessels that may pass through the bridge without a requested opening
may do so at any time.
    The Coast Guard will also inform the users of the waterways through
our
    Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessel operators can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

II. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this document as being available in this
docket and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

    Dated: August 27, 2018.
Barry Dragon,
Director, Bridge Branch, Seventh Coast Guard District.
[FR Doc. 2018-18820 Filed 8-29-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Notices]
[Pages 75241-75242]
[FR Doc No: 2012-30497]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68424; File No. SR-ISE-2012-95]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Extend the Penny Pilot Program

December 13, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder, \3\ notice is hereby
given that on December 7, 2012, the International Securities Exchange,
LLC (the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission (the ``SEC'' or ``Commission'') the proposed rule
change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE proposes to amend its rules relating to a pilot program to
quote and to trade certain options in pennies (``Penny Pilot
Program''). The text of the proposed rule change is as follows, with
deletions in [brackets] and additions are italicized:

Rule 710. Minimum Trading Increments

* * * * *

Supplementary Material to Rule 710

    .01 Notwithstanding any other provision of this Rule 710, the
Exchange will operate a pilot program, scheduled to expire on [December
31, 2012] June 30, 2013, to permit options classes to be quoted and
traded in increments as low as $.01. The Exchange will specify which
options trade in such pilot, and in what increments, in Regulatory
Information Circulars filed with the Commission pursuant to Rule 19b-4
under the Exchange Act and distributed to Members.
    The Exchange may replace any penny pilot issues that have been
delisted with the next most actively traded multiply listed options
classes that are not yet included in the penny pilot, based on trading
activity in the previous six months. The replacement issues may be
added to the penny pilot on the second trading day following [July 1,
2012] January 1, 2013.
    .02 No Change.
* * * * *
    The text of the proposed rule change is available on the Exchange's
Web site at www.ise.com, at the Exchange's principal office and at the
Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in Sections A, B, and C below, of the most
significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Under the Penny Pilot Program, the minimum price variation for all
participating options classes, except for the Nasdaq-100 Index Tracking
Stock (``QQQQ''), the SPDR S&P 500 Exchange Traded Fund (``SPY'') and
the iShares Russell 2000 Index Fund (``IWM''), is $0.01 for all
quotations in options series that are quoted at less than $3 per
contract and $0.05 for all quotations in options series that are quoted
at $3 per contract or greater. QQQQ, SPY and IWM are quoted in $0.01
increments for all options series. The Penny Pilot Program is currently
scheduled to expire on December 31, 2012.\4\ The Exchange proposes to
extend the time period of the Penny Pilot Program through June 30,
2013, and to provide revised dates for adding replacement issues to the
Penny Pilot program. The Exchange proposes that any Penny Pilot Program
issues that have been delisted may be replaced on the second trading
day following January 1, 2013. The replacement issues will be selected
based on trading activity for the six month period beginning June 1,
2012, and ending November 30, 2012. This filing does not propose any
substantive changes to the Penny Pilot Program: all classes currently
participating will

remain the same and all minimum increments will remain unchanged. The
Exchange believes the benefits to public customers and other market
participants who will be able to express their true prices to buy and
sell options have been demonstrated to outweigh the increase in quote
traffic.
---------------------------------------------------------------------------

    \4\ See Exchange Act Release No. 67323 (June 29, 2012), 77 FR
40121 (July 6, 2012) (SR-ISE-2012-57).
---------------------------------------------------------------------------

2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (the ``Exchange
Act'') for this proposed rule change is found in Section 6(b)(5),\5\ in
that the proposed rule change is designed to promote just and equitable
principles of trade, remove impediments to and perfect the mechanism of
a free and open market and a national market system and, in general, to
protect investors and the public interest. In particular, the proposed
rule change, which extends the Penny Pilot Program for an additional
six months, will enable public customers and other market participants
to express their true prices to buy and sell options for the benefit of
all market participants.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    The Exchange has not solicited, and does not intend to solicit
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6)(iii) thereunder.\9\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.\10\
However, pursuant to Rule 19b-4(f)(6)(iii),\11\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because doing so will
allow the Pilot Program to continue without interruption in a manner
that is consistent with the Commission's prior approval of the
extension and expansion of the Pilot Program and will allow the
Exchange and the Commission additional time to analyze the impact of
the Pilot Program.\12\ Accordingly, the Commission designates the
proposed rule change as operative upon filing with the Commission.\13\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this pre-filing requirement.
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ See Securities Exchange Act Release No. 61061 (November 24,
2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44). See
also supra note 4.
    \13\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please
include File Number SR-ISE-2012-95 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

    All submissions should refer to File Number SR-ISE-2012-95. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2012-95 and should be
submitted on or before January 9, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-30497 Filed 12-18-12; 8:45 am]
BILLING CODE 8011-01-P


P-19-0152 Sanitized Support Documents Index:
 P-19-0152 Sanitized Determination Document (linked)
 P-19-0152 Sanitized CHEM Report (attached)
 P-19-0152 Sanitized ECO Report (attached)
 P-19-0152 Sanitized ENG Report (attached)
 P-19-0152 Sanitized EXP Report (attached)
 P-19-0152 Sanitized Fate Report (attached)
 P-19-0152 Sanitized HLTH Report_POST-FOCUS FINAL (attached)


[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Rules and Regulations]
[Pages 50235-50237]
[FR Doc No: 2022-17436]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1177; Project Identifier AD-2021-00570-T;
Amendment 39-22096; AD 2022-13-10]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 767-200, -300, -300F, and -400ER
series airplanes. This AD was prompted by reports of burned Boeing
Material Specification (BMS) 8-39 urethane foam, which is a material
with fire-retardant properties that deteriorate with age. This AD
requires replacing certain BMS 8-39 foam pads with Nomex felt in
certain areas, removing certain BMS 8-39 foam pads in a certain area
(which includes a general visual inspection to find BMS 8-39 foam
pads), and inspecting the corner seals to determine if the corner seals
were replaced, and replacing affected corner seals. This AD also
prohibits the installation of BMS 8-39 urethane foam seal in certain
locations. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective September 20, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
20, 2022.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet 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<PHONE_NUMBER>. It is also available at www.regulations.gov by
searching for and locating Docket No. FAA-2021-1177.

Examining the AD Docket

    You may examine the AD docket at www.regulations.gov by searching
for and locating Docket No. FAA-2021-1177; 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 final rule, any comments
received, and other information. The address for Docket Operations is
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

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:<PHONE_NUMBER>;
email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain The Boeing
Company Model 767-200, -300, -300F, and -400ER series airplanes. The
NPRM published in the Federal Register on January 31, 2022 (87 FR
4828). The NPRM was prompted by reports of burned BMS 8-39 urethane
foam, which is a material with fire-retardant properties that
deteriorate with age. In the NPRM, the FAA proposed to require
replacing certain BMS 8-39 foam pads with Nomex felt in certain areas,
removing certain BMS 8-39 foam pads in a certain area (which includes a
general visual inspection to find BMS 8-39 foam pads), and inspecting
the corner seals to determine if the corner seals were replaced, and
replacing affected corner seals. The FAA is issuing this AD to address
degraded BMS 8-39 urethane foam used in seals, which may fail to
maintain sufficient halon concentrations in the cargo compartments to
extinguish or contain fire or smoke, and may result in penetration of
smoke or fire into the flight compartment, leading to possible loss of
control of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association,
International (ALPA) and United Airlines, who supported the NPRM
without change.
    The FAA received additional comments from Aviation Partners Boeing
(APB) and another individual. The following presents the comments
received on the NPRM and the FAA's response to the comments.

Effect of Winglets on Accomplishment of the Proposed Actions

    APB stated that the installation of winglets per Supplemental Type
Certificate (STC) ST01920SE does not affect compliance with the
mandated actions in the proposed rule.
    The FAA agrees with the commenter. Therefore, the installation of
STC ST01920SE does not affect the ability to accomplish the actions
required by this AD. The FAA has not changed this AD in this regard.

Request for Clarification of the Safe Life-Limit of BMS 8-39 Urethane
Foam

    An individual commenter requested information related to how long
it takes for BMS 8-39 foam pads to become flammable, and, if the foam
is relatively new and retains its fire retardant properties, the
commenter wondered if the BMS 8-39 foam should still be replaced.
Conversely, the commenter questioned whether the situation was serious
enough to ground airplanes.
    The FAA agrees to clarify. According to Boeing, the self-
extinguishing and physical properties of the BMS 8-39 urethane foam can
degrade after five to ten years, and this degraded material can be an
unacceptable fuel source for a fire if exposed to an ignition source.
In developing an appropriate compliance time, the FAA considered the
safety implications, parts availability, and normal maintenance
schedules for timely accomplishment of replacement of the BMS 8-39
urethane foam. Further, the FAA arrived at the

proposed compliance time with operator and manufacturer concurrence. In
consideration of all of these factors, the FAA determined that the
compliance time, as proposed, represents an appropriate interval in
which the BMS 8-39 urethane foam can be replaced in a timely manner
within the fleet, while still maintaining an adequate level of safety.
No airplanes would need to be grounded to address this unsafe
condition. The FAA has not changed the AD in this regard.

Request for Clarification of Cost

    An individual commenter requested clarification regarding who bears
the cost for the BMS 8-39 foam replacement: airplane operators or the
manufacturer.
    The FAA agrees to clarify. In Boeing Special Attention Service
Bulletin 767-25-0381, Revision 4, dated April 26, 2021, the
manufacturer indicated that no warranty remedies exist for the required
actions. Therefore, the airplane operators are responsible for the
costs, and any warranty remedies or adjustments in the cost of
accomplishing this AD must be arranged between the manufacturer and the
operator. The FAA does not have any control over the costs associated
with this AD. The FAA has not changed the AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Service Bulletin 767-25-
0381, Revision 4, dated April 26, 2021. This service information
specifies, among other actions, procedures for replacing certain BMS 8-
39 foam pads with Nomex felt in the forward and aft crown area,
removing certain BMS 8-39 foam pads in the crown area (which includes a
general visual inspection to find BMS 8-39 foam pads) for certain
airplanes, inspecting the corner seals to determine if the corner seals
were replaced, and replacing affected corner seals. The required
actions depend on requirements for use and location of the BMS 8-39
urethane foam in the airplane. 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
ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 396 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
              Action                    Labor cost             Parts cost             product        operators
----------------------------------------------------------------------------------------------------------------
Inspection (1 airplane)..........  33 work-hours x $85  $0......................          $2,805          $2,805
                                    per hour = $2,805.
Replacement of foam pad with       29 work-hours x $85  Negligible *............           2,465         889,865
 Nomex felt (361 airplanes).        per hour = $2,465.
Removal (34 airplanes)...........  29 work-hours x $85  0.......................           2,465          83,810
                                    per hour = $2,465.
----------------------------------------------------------------------------------------------------------------
* Parts are Nomex felt, adhesive, and tapes. There are no kits for this required action.

    The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The agency has no way of determining the number of aircraft
that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                      Labor cost               Parts cost              Cost per  product
----------------------------------------------------------------------------------------------------------------
Replacement of corner seals.......  1 work-hour x $85 per  Up to $3,848..............  Up to $3,933.
                                     hour = $85.
----------------------------------------------------------------------------------------------------------------

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

    This AD will not have federalism implications under Executive Order
13132. This AD will 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 this AD:
    (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, 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 Amendment

    Accordingly, under the authority delegated to me by the
Administrator,

the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2022-13-10 The Boeing Company: Amendment 39-22096; Docket No. FAA-
2021-1177; Project Identifier AD-2021-00570-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 20,
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category,
identified as Group 1, Configuration 4; Group 2, 3, 12, and 13,
Configuration 3; Group 14, Configuration 1 and 3; Group 15,
Configuration 2; and Group 17, Configuration 3 and 4; in Boeing
Special Attention Service Bulletin 767-25-0381, Revision 4, dated
April 26, 2021.

(d) Subject

    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. The FAA is
issuing this AD to address degraded BMS 8-39 urethane foam used in
seals, which may fail to maintain sufficient halon concentrations in
the cargo compartments to extinguish or contain fire or smoke, and
may result in penetration of smoke or fire into the flight
compartment, leading to possible loss of control of the airplane.

(f) Compliance

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

(g) Required Actions

    Within 72 months after the effective date of this AD, do the
applicable actions specified in paragraph (g)(1), (2), (3), or (4)
of this AD in accordance with the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 767-25-0381, Revision 4,
dated April 26, 2021.
    (1) For Group 1, Configuration 4, airplanes; and Group 2, 3, 12,
and 13, Configuration 3, airplanes: Replace BMS 8-39 foam pads in
the forward and aft crown area with Nomex felt.
    (2) For Group 14, Configuration 1 and 3, airplanes; and Group
15, Configuration 2, airplanes: Remove BMS 8-39 foam pads in the
crown area.
    (3) For Group 17, Configuration 3, airplanes: Replace BMS 8-39
foam pads in the forward and aft crown area with Nomex felt, inspect
the corner seals to determine if the corner seals were replaced and
if any corner seals were not replaced, within 72 months after the
effective date of this AD, replace affected corner seals.
    (4) For Group 17, Configuration 4, airplanes: Inspect the corner
seals to determine if the corner seals were replaced and if any
corner seals were not replaced, within 72 months after the effective
date of this AD, replace affected corner seals.

(h) 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 in any location identified
in Boeing Special Attention Service Bulletin 767-25-0381, Revision
4, dated April 26, 2021.

(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 responsible Flight Standards 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) of this AD. Information may be emailed
to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards 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.

(j) Related Information

    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:<PHONE_NUMBER>; email: [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 767-25-0381,
Revision 4, dated April 26, 2021.
    (ii) [Reserved]
    (3) 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<PHONE_NUMBER>; internet www.myboeingfleet.com.
    (4) 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<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 13, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-17436 Filed 8-15-22; 8:45 am]
BILLING CODE 4910-13-P