[Federal Register Volume 67, Number 63 (Tuesday, April 2, 2002)]
[Rules and Regulations]
[Pages 15468-15470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7415]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-31-AD; Amendment 39-12694; AD 2002-06-16]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-300 Airplanes That 
Have Been Modified in Accordance With Supplemental Type Certificate 
STC00973WI-D

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 767-300 airplanes. This action 
requires removing each sidewall-mounted reading light in the attendant 
crew rest compartment, installing cover plates in place of the existing 
reading lights, removing each reading light switch, and installing a 
new reading light in place of the existing light switch. This action is 
necessary to prevent contact between the occupant of the attendant crew 
rest compartment and the sidewall-mounted reading lights, which could 
result in possible injury to the occupant; and to prevent contact 
between various flammable materials and the sidewall-mounted reading 
lights, which could cause charring or melting of the heated material, 
and consequent emission of toxic or noxious gases. This action is 
intended to address the identified unsafe condition.

DATES: Effective April 17, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 17, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before June 3, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-31-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-31-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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 FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at 
the FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 
100, Mid-Continent Airport, Wichita, Kansas; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: Gary D. Park, Aerospace Engineer, 
Airframe Branch, ACE-118W, FAA, Wichita Aircraft Certification Office, 
1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas 
67209; telephone (316) 946-4123; fax (316) 946-4407.

SUPPLEMENTARY INFORMATION: The FAA has received information identifying 
an unsafe condition regarding certain Boeing Model 767-300 airplanes 
(specifically, certain Model 767-333 airplanes). The sidewall-mounted 
reading lights in the attendant crew rest compartment of those 
airplanes have been modified in accordance with Supplemental Type 
Certificate (STC) STC00973WI-D. A potential for contact between an 
occupant of the crew rest compartment and the sidewall-mounted reading 
lights exists. Sustained contact between the occupant and the reading 
lights could result in possible injury to the occupant. Additionally, 
inadvertent contact could also occur between various flammable 
materials (e.g., sheets, blankets, flightcrew clothing) and the 
sidewall-mounted reading lights. Such contact between the flammable 
materials and the reading lights could cause charring or melting of the 
heated material and consequent emission of toxic or noxious gases.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin 767-33-
0093, dated December 20, 2001, which describes procedures for removing 
each sidewall-mounted reading light in the attendant crew rest 
compartment, installing cover plates in place of the existing reading 
lights, removing each reading light switch, and installing a new 
reading light in place of the existing light switch. Accomplishment of 
the actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition.

Explanation of Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design that may be 
registered in the United States at some time in the future, this AD is 
being issued to prevent contact between the occupant of the attendant 
crew rest compartment and the sidewall-mounted reading lights, which 
could result in possible injury to the occupant; and to prevent contact 
of flammable materials with the sidewall-mounted reading lights, which 
could cause charring or melting of heated material and result in the 
emission of toxic or noxious gases. This AD requires accomplishment of 
the actions specified in the service bulletin described previously.

Determination of Compliance Time

    The Boeing service bulletin specified by this AD does not recommend 
a compliance time. The FAA has determined that a compliance time of 60 
days is appropriate. We based this compliance time not only on the 
degree of urgency associated with addressing the identified unsafe 
condition, but on the practical aspect of installing the required 
modification, which is estimated to take only 6 work hours.

Cost Impact

    None of the Model 767-300 airplanes affected by this action are on 
the U.S. Register. All airplanes included in the applicability of this 
rule currently are operated by non-U.S. operators under foreign 
registry; therefore, they are not directly affected by this AD action. 
However, the FAA considers that this rule is necessary to ensure that 
the unsafe condition is addressed in the event that any of these 
subject airplanes are imported and placed on the U.S. Register in the 
future.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require

[[Page 15469]]

approximately 6 work hours to accomplish the required actions, at an 
average labor rate of $60 per work hour. Based on these figures, the 
cost impact of this AD would be $1,440 per airplane.

Determination of Rule's Effective Date

    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, prior notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, comments are 
invited on this rule. Interested persons are invited to comment on this 
rule by submitting such written data, views, or arguments as they may 
desire. Communications shall identify the Rules Docket number and be 
submitted in triplicate to the address specified under the caption 
ADDRESSES. All communications received on or before the closing date 
for comments will be considered, and this rule may be amended in light 
of the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of the AD action and determining whether additional 
rulemaking action would be needed.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the AD is 
being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-31-AD.'' The postcard will be date stamped and 
returned to the commenter.

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:

2002-06-16  Boeing: Amendment 39-12694. Docket 2002-NM-31-AD.
    Applicability: Model 767-300 airplanes that have been modified 
in accordance with Supplemental Type Certificate STC00973WI-D; 
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 (b) 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 contact between the occupant of the attendant crew 
rest compartment and the sidewall-mounted reading lights, which 
could result in possible injury to the occupant; and to prevent 
contact between various flammable materials and the sidewall-mounted 
reading lights, which could cause charring or melting of the heated 
material and consequent emission of toxic or noxious gases; 
accomplish the following:

Modification

    (a) Within 60 days after the effective date of this AD, remove 
the existing reading lights in the attendant crew rest compartment 
and install cover plates in place of the existing reading lights; 
and remove the existing light switches and replace them with new 
reading lights; per Boeing Service Bulletin 767-33-0093, dated 
December 20, 2001.

Alternative Methods of Compliance

    (b) 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, Wichita 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, Wichita ACO.


    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Wichita ACO.

Special Flight Permits

    (c) 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

    (d) The actions shall be done in accordance with Boeing Service 
Bulletin 767-33-0093, dated December 20, 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 FAA, Wichita Aircraft Certification Office, 
1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas; 
or at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.

[[Page 15470]]

Effective Date

    (e) This amendment becomes effective on April 17, 2002.

    Issued in Renton, Washington, on March 21, 2002.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 02-7415 Filed 4-1-02; 8:45 am]
BILLING CODE 4910-13-U