[Federal Register Volume 66, Number 248 (Thursday, December 27, 2001)]
[Rules and Regulations]
[Pages 66734-66737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31429]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-351-AD; Amendment 39-12573; AD 2001-26-09]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 767-

[[Page 66735]]

200 series airplanes, that requires a one-time inspection of the water 
line heater tape where it passes close to the duct assemblies of the 
air distribution system for the flight compartment to detect damage, 
and follow-on actions. This amendment also requires eventual 
replacement of certain duct assemblies or foam insulation on those duct 
assemblies with new duct assemblies or improved foam insulation. This 
action is necessary to prevent ignition of foam insulation on the air 
distribution ducts, which could result in a fire in the airplane. This 
action is intended to address the identified unsafe condition.

DATES: Effective January 31, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 31, 2002.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., Suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Don Eiford, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-2788; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Boeing Model 767-200 
series airplanes was published in the Federal Register on May 14, 2001 
(66 FR 24306). That action proposed to require replacement of certain 
duct assemblies of the air distribution system for the flight 
compartment with new duct assemblies with improved insulation, and 
follow-on actions.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    Two commenters concur with the proposed rule.

Change Paragraph (a)

    Three commenters ask that paragraph (a) of the proposed rule be 
changed, as follows:
    One commenter states that the proposed AD is similar to AD 2000-26-
05, amendment 39-12055 (65 FR 82898, December 29, 2000). That AD 
requires modification of the environmental control system ducts for 
Model 737, 747, 757, and 767 series airplanes within 6 years after the 
effective date of the AD. The commenter asks that the compliance time 
in this proposed AD be changed to allow 18 months for verification of 
proper clearance between the water line heater tape and the duct 
assemblies of the air distribution system for the flight compartment, 
and 6 years for duct insulation replacement, similar to the compliance 
time allowed by AD 2000-26-05.
    The second commenter asks that the compliance time be changed to 
specify doing the one-time general visual inspection of the water line 
heater tape, as specified in paragraph (a)(2) of the proposed rule, 
within 18 months, and then the replacement of the duct assemblies, as 
specified in paragraph (a)(1) of the proposed rule, within 6 years. The 
commenter states that, since the burned duct was ignited by an 
overheated water line heater tape routed too close to a duct assembly, 
this sequence of actions would ensure an equivalent level of safety, 
while providing operators the opportunity to replace the duct 
assemblies at an aircraft's heavy maintenance visit.
    The third commenter, Air Transport Association, states that the 
original equipment manufacturer is developing a service bulletin which 
will allow replacement of the BMS 8-39 foam insulation on the ducts of 
the air distribution system for the flight compartment with BMS 8-300 
foam. Inclusion of this option in the AD would minimize any need for 
the replacement of the duct assemblies as the means for installing the 
new insulation material. The commenter adds that requiring inspection 
and corrective action to ensure proper clearance between the duct and 
heater tape within 18 months after the effective date of the AD is 
prudent. The commenter states that once these actions are 
satisfactorily completed, an acceptable level of safety would be 
attained, and safe operations could be continued. The commenter also 
recommends issuing a supplemental notice of proposed rulemaking to 
address the revised instructions specified above.
    We concur with the commenters. Since the issuance of the proposed 
rule the FAA has reviewed and approved Boeing Alert Service Bulletin 
767-21A0154, Revision 1, dated August 9, 2001. The service bulletin 
adds an option to replace the existing BMS 8-39 foam insulation on the 
ducts of the air distribution system for the flight compartment with 
BMS 8-300 polyimide foam insulation, and recommends inspection of the 
water line heater tape within 18 months. Therefore, per the revised 
bulletin and the above comments, the FAA agrees to require either 
replacement of the duct assemblies or the foam insulation, and to 
extend the compliance time for that replacement. Revision 1 also has 
been added as the source of service information for accomplishment of 
the required actions, and a new Note 3 has been added to give credit 
for previous accomplishment of certain actions per Boeing Alert Service 
Bulletin 767-21A0154, dated March 16, 2000 (which was listed as the 
source of service information for accomplishment of the actions 
specified in the proposed rule). This new requirement gives operators 
the option of either replacement of the duct assemblies or the foam 
insulation, and does not add any additional work. Therefore, issuing a 
supplemental notice of proposed rulemaking is not necessary.
    Paragraph (a) of the final rule has been changed to require an 18-
month compliance time for the one-time general visual inspection of the 
water line heater tape for damage, and follow-on actions; and a new 
paragraph (b) has been added to expand the compliance time to 6 years 
for either replacement of the duct assemblies or replacement of the 
existing BMS 8-39 foam insulation on the ducts with BMS 8-300 polyimide 
foam insulation. The Summary section in this final rule also has been 
revised accordingly.

Change Preamble in Proposed Rule

    One commenter expands on the language in the Discussion section in 
the preamble of the proposed rule by stating that the foam insulation 
was compliant with flammability regulations at the time of airplane 
delivery. The FAA infers that the commenter wants this information 
added to the final rule. We acknowledge that certain information in 
that section could be changed for clarification purposes. However, 
since that section of the proposed rule does not appear in the final 
rule, no change to the final rule is necessary in this regard.

[[Page 66736]]

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 81 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 52 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 1 work 
hour per airplane to do the general visual inspection, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the inspection required by this AD on U.S. operators is 
estimated to be $3,120, or $60 per airplane.
    The replacement of the duct assemblies is one option for compliance 
with this AD action and will take approximately 2 work hours to 
accomplish, at an average labor rate of $60 per work hour. Required 
parts will cost a maximum of $7,285 per airplane. Based on these 
figures, the cost impact of the replacement of the duct assemblies 
required by this AD is estimated to be $7,405 per airplane.
    In lieu of replacement of the duct assemblies, this AD provides for 
replacement of the foam insulation on the ducts. It will take 
approximately 3 work hours to accomplish, at an average labor rate of 
$60 per work hour. Based on these figures, the cost impact of the 
replacement of the foam insulation required by this AD is estimated to 
be $180 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:


2001-26-09  Boeing: Amendment 39-12573. Docket 2000-NM-351-AD.

    Applicability: Model 767-200 series airplanes, as listed in 
Boeing Alert Service Bulletin 767-21A0154, dated March 16, 2000; 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent ignition of foam insulation on the air distribution 
ducts, which could result in a fire in the airplane, accomplish the 
following:

Inspection and Follow-on Actions

    (a) Within 18 months after the effective date of this AD: Do a 
one-time general visual inspection of the water line heater tape 
where it passes close to the duct assemblies of the air distribution 
system for the flight compartment to detect damage; including wear, 
chafing, pinching, discoloration, localized burn marks, etc; per the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
21A0154, Revision 1, dated August 9, 2001.
    (1) If no damage is detected, before further flight, measure the 
clearance between the duct assemblies and the water line heater 
tape. If clearance is less than 0.25 inch, before further flight, 
re-route the heater tape per the service bulletin.
    (2) If any damage is detected, before further flight, replace 
the heater tape with new heater tape, per the service bulletin. When 
installing the new tape, make sure that clearance between the water 
line heater tape and the duct assemblies is a minimum of 0.25 inch.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or drop-light, and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Replacement

    (b) Within 6 years after the effective date of this AD, do the 
actions specified in paragraph (b)(1) or (b)(2) of this AD, per the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
21A0154, Revision 1, dated August 9, 2001. Before further flight 
after doing the applicable action, do a general visual inspection to 
make sure that clearance between the water line heater tape and the 
duct assemblies is a minimum of 0.25 inch. If clearance is less than 
0.25 inch, before further flight, re-route the heater tape per the 
service bulletin.
    (1) Replace the duct assemblies of the air distribution system 
for the flight compartment (which are located under the main deck) 
with new duct assemblies having fiberglass insulation; or
    (2) Replace the existing BMS 8-39 foam insulation on the ducts 
of the air distribution system for the flight compartment (which are 
located under the main deck) with BMS 8-300 polyimide foam 
insulation.

    Note 3: Inspection, replacement and follow-on actions done 
before the effective date of this AD per Boeing Alert Service 
Bulletin 767-21A0154, dated March 16, 2000, are considered 
acceptable for

[[Page 66737]]

compliance with the applicable actions specified in paragraphs (a) 
and (b) of this AD.

Alternative Methods of Compliance

    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Seattle ACO.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (e) The actions shall be done in accordance with Boeing Alert 
Service Bulletin 767-21A0154, Revision 1, including Appendix A, 
dated August 9, 2001. This incorporation by reference was approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies may be obtained from Boeing 
Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 98124-
2207. Copies may be inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

Effective Date

    (f) This amendment becomes effective on January 31, 2002.

    Issued in Renton, Washington, on December 14, 2001.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-31429 Filed 12-26-01; 8:45 am]
BILLING CODE 4910-13-P