[Federal Register Volume 69, Number 170 (Thursday, September 2, 2004)]
[Rules and Regulations]
[Pages 53607-53609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19856]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-350-AD; Amendment 39-13777; AD 2004-17-05]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 777 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 777 series airplanes. This action 
requires 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 re-identification of the filter/
regulator, or 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: Effective October 7, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 7, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplanes, 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 National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call (202) 741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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 98055-4056; telephone (425) 917-6484; fax (425) 917-6590.

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 777 series 
airplanes was published in the Federal Register on December 22, 2003 
(68 FR 71049). That action proposed to 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.

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.

Support for Notice of Proposed Rulemaking (NPRM)

    One commenter supports the NPRM.

Request To Clarify Discussion Section

    One commenter requests that we clarify the ``Discussion'' section 
of the NPRM. The commenter requests that we change the last sentence in 
the first paragraph of the ``Discussion'' section to say, ``This out-
of-tolerance condition could cause the filter/regulator to leak,'' 
rather than, ``This out-of-tolerance condition could cause the filter/
regulator to leak and to fall out of calibration during operation.'' 
The commenter states that the calibration and leakage conditions are 
different issues. The commenter also requests that we clarify the 
explanation of the problem in the ``Discussion'' section. The commenter 
indicates that the leakage due to a problem with an O-ring seat is 
different from the calibration issue, which was caused by a loose 
locknut.
    We agree with the commenter's statements, but cannot make changes 
to the ``Discussion'' section itself because that section is not 
restated in the final rule. However, for clarity's sake and for 
operators' reference, have rewritten portions of the paragraph to 
respond to

[[Page 53608]]

the comment. The changed paragraph is as follows:
    ``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. The manufacturer discovered that several housing 
assemblies had a warped O-ring groove at the point where the filter 
element retainer was screwed into the housing. The warping was caused 
by heat treatment of the housing with a finished O-ring groove. 
Furthermore, during qualification testing of a different filter/
regulator assembly, the unit failed the flow test after the vibration 
testing. It was discovered that the locknut in the variable pressure 
regulator had loosened during vibration testing, allowing the regulator 
adjustment screw assembly to move. This caused a slight change in the 
unit's flow rate.''

Request To Exempt/Re-Identify Certain Part Numbers

    Two commenters observed that filter/regulators with parts that have 
a serial number with suffix ``A'' are not subject to the 60-month 
replacement requirement of the proposed rule. One commenter, the parts 
manufacturer, states that parts with a suffix ``A'' in the serial 
number are identical in form, fit, and function to parts with part 
numbers (P/N) that end with a ``-3'' and that parts with P/Ns that end 
with a ``-3'' are not subject to the requirements of the proposed rule. 
The other commenter notes that Walter Kidde Service Bulletin 473494-26-
405 allows parts with a suffix ``A'' in the serial number to remain in 
service until schedule maintenance is required.
    We partially agree with the commenters' requests. We have changed 
the final rule to exclude the requirement to replace filter/regulators 
having a suffix ``A'' in the serial number. However, although one of 
the commenters states that the applicable Walter Kidde service bulletin 
allows parts having a suffix ``A'' to remain in service, the same 
bulletin still requires re-identification of the part. Therefore, we 
have changed the final rule to allow the option of replacing or 
reidentifying filter/regulators having a suffix ``A'' in the serial 
number, in accordance with the procedures in the applicable Walter 
Kidde service bulletin. We have revised paragraph (a) and paragraph (b) 
of the final rule accordingly.

Request for Editorial Change

    The same commenter requests that we change two references to Walter 
Kidde service bulletins, which we inadvertently spelled ``Water'' 
Kidde. One of the references is in Note 1 of the NPRM, and the other is 
in the section titled ``Explanation of Relevant Service Information.''
    We agree with the commenter's request. However, we have made a 
change only to Note 1 in the final rule because the section titled 
``Explanation of Relevant Service Information'' is not restated in the 
final rule.

Conclusion

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

Explanation of Editorial Change to Proposed AD

    We have changed all references to filter/regulator that have P/Ns 
``with a suffix A,'' to P/Ns that have a serial number with suffix A. 
We have determined that this change shows that the suffix number is 
part of the serial number rather than part of the P/N.

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 
will be affected by this AD, that it will take approximately 1 work 
hour per airplane to accomplish the required inspection, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the 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 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

0
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

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

2004-17-05 Boeing: Amendment 39-13777. 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:


[[Page 53609]]


    Note 1: The Accomplishment Instructions of Boeing Service 
Bulletin 777-26-0028, dated November 2, 2000, also refer to the 
following Walter 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, P/N 473857-1, or P/N 
473995-1 is found, no further action is required by this paragraph.
    (2) If any filter/regulator having P/N 473494-1, P/N 473857-1, 
or P/N 473995-1 is found and the serial number does not contain 
suffix ``A,'' 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.
    (3) If any filter/regulator having P/N 473494-1, P/N 473857-1, 
or P/N 473995-1 containing a serial number with suffix ``A'' is 
found, within 60 months after the effective date of this AD, do 
paragraph (a)(3)(i) or (a)(3)(ii).
    (i) Re-identify the filter/regulator by following the 
Accomplishment Instructions of the applicable Walter Kidde Service 
Bulletin that follows: for P/N 473494-1, use Service Bulletin 
473494-26-422, dated April 13, 2000; for P/N 473857-1, use Service 
Bulletin 473857-1-26-423, dated April 13, 2000; for P/N 473995-1, 
use Service Bulletin 473995-1-26-424, dated April 13, 2000.
    (ii) Replace the filter/regulator with a new filter regulator 
per the Accomplishment Instructions of Boeing Service Bulletin 777-
26-0028, dated November 2, 2000.

    Note 2: Filter/regulators having P/N 473494-1, P/N 473857-1, and 
P/N 473995-1 that have a serial number with suffix ``A'' are good 
parts and are identical in form, fit, and function to P/N 473494-3, 
P/N 473857-3, and P/N 473995-3 respectively. Re-identification of 
the part numbers ensures unique part numbering.

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 serial number 
with suffix ``A''), P/N 473857-1 (with or without a serial number 
with suffix ``A''), or P/N 473995-1 (with or without a serial number 
with suffix ``A''), unless a P/N with a serial number with suffix 
``A'' has been re-identified per paragraph (a)(3)(i) of this AD.

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 (AMOCs) for this AD.

Incorporation by Reference

    (d) Unless otherwise specified in this AD, the actions shall be 
done in accordance with the service bulletins listed in Table 1 of 
this AD.

              Table 1.--Material Incorporated by Reference
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          Service bulletin                           Date
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Boeing Service Bulletin 777-26-0028  November 2, 2000.
Walter Kidde Aerospace Service       April 13, 2000.
 Bulletin 473494-26-422.
Walter Kidde Aerospace Service       April 13, 2000.
 Bulletin 473857-1-26-423.
Walter Kidde Aerospace Service       April 13, 2000.
 Bulletin 473995-1-26-424.
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    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 Airplanes, 
P.O. Box 3707, Seattle, Washington 98124-2207; and Kidde 
Technologies, Inc., 4200 Airport Drive Northwest, Wilson, North 
Carolina 27896. Copies may be inspected at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Effective Date

    (e) This amendment becomes effective on October 7, 2004.

    Issued in Renton, Washington, on August 19, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-19856 Filed 9-1-04; 8:45 am]
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