[Federal Register Volume 68, Number 245 (Monday, December 22, 2003)]
[Proposed Rules]
[Pages 71049-71051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31444]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-350-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 777 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Boeing Model 777 series 
airplanes. This proposal would require an inspection to determine the 
part number of the filter/regulator on the fire extinguishing system 
installed in the lower cargo compartment of the airplane, and 
replacement of the filter/regulator with a new filter/regulator, if 
necessary. This action is necessary to prevent leakage of fire 
extinguishing agent through the filter/regulator of the cargo fire 
extinguishing system, which could result in the inability of the fire 
extinguishing system to suppress a fire in the cargo compartment of the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by February 5, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-

[[Page 71050]]

350-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Comments 
may be inspected at this location between 9 a.m. and 3 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-350-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 or 2000 or ASCII text.
    The service information referenced in the proposed rule 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.

FOR FURTHER INFORMATION CONTACT: Marcia G. Smith, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington; telephone (425) 917-6484; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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 proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-350-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-350-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that, during a 
certification flight test on a Boeing Model 777-300 series airplane, 
the Halon 1301 fire extinguishing agent flowed through the metered 
portion of the cargo fire extinguishing system in less than the 
predicted time. When the cargo fire extinguishing system was checked 
for leakage, it was determined that the filter/regulator was the source 
of the leakage. Further investigation found that the original design 
called for an inadequate heat treatment of the filter/regulator housing 
which, during production, resulted in an out-of-tolerance O-ring seat. 
This out-of-tolerance condition could cause the filter/regulator to 
leak and to fall out of calibration during operation.
    Leakage of fire extinguishing agent through the filter/regulator of 
the cargo fire extinguishing system, if not corrected, could result in 
the inability of the fire extinguishing system to suppress a fire in 
the cargo compartment of the airplane.
    The cargo fire extinguishing system on certain Model 777-200 series 
airplanes are identical to those on the affected 777-300 series 
airplanes. Therefore, both of these models may be subject to the same 
unsafe condition.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin 777-26-
0028, dated November 2, 2000, which contains procedures for replacing 
the filter/regulator with a new filter/regulator. Accomplishment of the 
actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition.
    Boeing Service Bulletin 777-26-0028 also refers to the following 
Water Kidde Service Bulletins as additional sources of service 
information for accomplishment of the proposed replacement: 473494-26-
405, Revision 1, dated November 1, 2000; 473494-26-422, dated April 13, 
2000; 473857-26-406, Revision 1, dated November 1, 2000; 473857-1-26-
423, dated April 13, 2000; 473995-1-26-424, dated April 13, 2000; and 
473995-26-408, Revision 2, dated November 1, 2000.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the service bulletin described previously, except as discussed below.

Differences Between Proposed Rule and Service Bulletin

    Although the service bulletin does not require an inspection to 
determine the part number of the filter/regulator on the fire 
extinguishing system installed in the cargo compartment, the proposed 
AD would require such an inspection so that operators can determine if 
it is necessary to replace the filter/regulator.
    Operators should note that, although the service bulletin does not 
recommend a compliance time for the proposed inspection and 
replacement, if necessary, the FAA has determined that an interval of 
within 60 months after the effective date of this AD addresses the 
unsafe condition in a timely manner. In developing an appropriate 
compliance time for this proposed AD, the FAA considered the degree of 
urgency associated with addressing the subject unsafe condition, the 
average utilization of the affected fleet, and the time necessary to 
perform the inspection and replacement, if necessary (two hours). In 
light of all of these factors, the FAA finds a 60-month compliance time 
for completing the required actions to be warranted, in that it 
represents an appropriate interval of time allowable for affected 
airplanes to continue to operate without compromising safety.
    Operators should also note that the service bulletin assumes that 
the actions described in Boeing Service Bulletin 777-26-0020, dated May 
13, 1999; and in Boeing Service Bulletin 777-26-0024, dated May 13, 
1999; have been accomplished previously, or will be accomplished 
concurrently with the replacement required by the proposed

[[Page 71051]]

AD. However, this AD does not mandate that those actions be 
accomplished before or concurrent with the requirements of this 
proposed AD. These two service bulletins give instructions for an 
optional upgrade of the lower cargo compartment's fire suppression 
system capability to 240 minutes. The airplane operators requested 
instructions for this optional upgrade, and the manufacturer provided 
the instructions to them through the service bulletins. All affected 
airplanes, whether they incorporate the optional upgrade or not, are 
still required to comply with the requirements of this proposed AD.

Cost Impact

    There are approximately 289 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 83 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
1 work hour per airplane to accomplish the proposed inspection, and 
that the average labor rate is $65 per work hour. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $5,395, or $65 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this proposed 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 proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) Is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Boeing: Docket 2002-NM-350-AD.

    Applicability: Model 777-200 and 777-300 series airplanes, line 
numbers 002 through 290 inclusive; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent leakage of fire extinguishing agent through the 
filter/regulator of the cargo fire extinguishing system, which could 
result in the inability of the fire extinguishing system to suppress 
a fire in the cargo compartment of the airplane, accomplish the 
following:

    Note 1: The Accomplishment Instructions of Boeing Service 
Bulletin 777-26-0028, dated November 2, 2000, also refer to the 
following Water Kidde Service Bulletins as additional sources of 
service information for accomplishment of the replacement: 473494-
26-405, Revision 1, dated November 1, 2000; 473494-26-422, dated 
April 13, 2000; 473857-26-406, Revision 1, dated November 1, 2000; 
473857-1-26-423, dated April 13, 2000; 473995-1-26-424, dated April 
13, 2000; and 473995-26-408, Revision 2, dated November 1, 2000.

Inspection and Replacement, If Necessary

    (a) Within 60 months after the effective date of this AD: 
Inspect the lower cargo fire extinguishing filter/regulator to 
determine the part number (P/N). Instead of inspecting the part, a 
review of airplane maintenance records is acceptable if the P/N of 
the part can be positively determined from that review.
    (1) If no filter regulator P/N 473494-1 (with or without a 
suffix A), P/N 473857-1 (with or without a suffix A), or P/N 473995-
1 (with or without a suffix A) is found, no further action is 
required by this paragraph.
    (2) If any filter/regulator having P/N 473494-1 (with or without 
a suffix A), P/N 473857-1 (with or without a suffix A), or P/N 
473995-1 (with or without a suffix A) is found, within 60 months 
after the effective date of this AD, replace the filter/regulator 
with a new filter/regulator, per the Accomplishment Instructions of 
Boeing Service Bulletin 777-26-0028, dated November 2, 2000.

Parts Installation

    (b) As of the effective date of this AD, no person may install 
on any airplane a filter/regulator with any of the following Walter 
Kidde Aerospace P/Ns: P/N 473494-1 (with or without a suffix A), P/N 
473857-1 (with or without a suffix A), or P/N 473995-1 (with or 
without a suffix A).

Alternative Methods of Compliance

    (c) In accordance with 14 CFR 39.19, the Manager, Seattle 
Aircraft Certification Office (ACO), FAA, is authorized to approve 
alternative methods of compliance for this AD.

    Issued in Renton, Washington, on December 12, 2003.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-31444 Filed 12-19-03; 8:45 am]
BILLING CODE 4910-13-P