[Federal Register Volume 70, Number 3 (Wednesday, January 5, 2005)]
[Proposed Rules]
[Pages 727-729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-166]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19990; Directorate Identifier 2004-NM-199-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200, -300, and -300F 
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Boeing Model 767-200, -300, and -300F series airplanes. 
This proposed AD would require installing a new, improved foam seal 
around certain ducts in the forward cargo compartment. This proposed AD 
is prompted by the detection of incorrectly installed smoke barrier 
seals around the electrical/electronic equipment air supply and exhaust 
ducts. We are proposing this AD to prevent fire extinguishing agent 
from leaking out of the seals around the ducts in the forward cargo 
compartment in the event of an in-flight fire, which could result in 
failure to extinguish the fire and consequent smoke or fire 
extinguishing agent entering a compartment occupied by passengers or 
crew.

DATES: We must receive comments on this proposed AD by February 22, 
2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC. This 
docket number is FAA-2004-19990; the directorate identifier for this 
docket is 2004-NM-199-AD.

FOR FURTHER INFORMATION CONTACT:
    Technical information: Barbara Mudrovich, 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) 917-6477; fax (425) 917-6590.
    Plain language information: Marcia Walters, [email protected].

SUPPLEMENTARY INFORMATION:

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19990; 
Directorate Identifier 2004-NM-199-AD'' in the subject line of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can

[[Page 728]]

review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477-78), or you can visit http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    During production of certain Boeing Model 767-200, -300, and -300F 
series airplanes, incorrectly installed smoke barrier seals were found 
in the forward cargo compartment. The seals were located around the air 
supply and exhaust ducts of the electronic equipment bay. If these 
seals are not installed correctly, smoke and fire extinguishing agent 
could leak out of the ducts in the event of a fire, entering a 
compartment occupied by passengers or crew.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 767-26A0119, 
Revision 1, dated July 15, 2004. The service bulletin describes 
procedures for installing a new, improved foam seal around certain 
ducts in the forward cargo compartment, as follows:
     For Group 1 and 2 airplanes: Installing a new, improved 
foam seal around the four cooling air supply and exhaust ducts in the 
electrical/electronic equipment bay.
     For Group 2 airplanes: Installing a new, improved foam 
seal around the avionics cooling and refrigeration unit (ACRU) duct.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other airplanes 
of this same type design. Therefore, we are proposing this AD, which 
would require accomplishing the actions specified in the service 
information described previously.

Costs of Compliance

    There are about 468 airplanes of the affected design in the 
worldwide fleet. This proposed AD would affect about 342 airplanes of 
U.S. registry.
    For Group 1 and 2 airplanes: The proposed foam seal installation 
around the cooling air supply and exhaust ducts would take about 2 work 
hours per airplane, at an average labor rate of $65 per work hour. The 
cost of parts would be minimal. Based on these figures, the estimated 
cost of the proposed installation is $130 per airplane.
    For Group 2 airplanes: The proposed foam seal installation around 
the ACRU duct would take about 2 work hours per airplane, at an average 
labor rate of $65 per work hour. The cost of parts would be minimal. 
Based on these figures, the estimated cost of the proposed installation 
is $130 per airplane.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated 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 AD.

Regulatory Findings

    We have determined that this proposed AD will not have federalism 
implications under Executive Order 13132. This proposed 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 the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Boeing: Docket No. FAA-2004-19990; Directorate Identifier 2004-NM-
199-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this AD action by February 22, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, and -300F 
series airplanes, certificated in any category; as listed in Boeing 
Alert Service Bulletin 767-26A0119, Revision 1, dated July 15, 2004.

Unsafe Condition

    (d) This AD was prompted by the detection of incorrectly 
installed smoke barrier seals around the electrical/electronic 
equipment air supply and exhaust ducts. We are issuing this AD to 
prevent fire extinguishing agent from leaking out of the seals 
around the ducts in the forward cargo compartment in the event of an 
in-flight fire, which could result in failure to extinguish the fire 
and consequent smoke or fire extinguishing agent entering a 
compartment occupied by passengers or crew.

[[Page 729]]

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Seal Installation

    (f) Within 24 months or 8,000 flight hours after the effective 
date of this AD, whichever is first: Do the applicable actions 
required by paragraphs (f)(1) and (f)(2) of this AD by doing all the 
actions specified in the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-26A0119, Revision 1, dated July 15, 2004.
    (1) For Group 1 and 2 airplanes: Install a foam seal around the 
four cooling air supply and exhaust ducts in the electrical/
electronic equipment bay in the forward cargo compartment.
    (2) For Group 2 airplanes: Install a foam seal around the 
avionics cooling and refrigeration unit duct in the forward cargo 
compartment.

Credit for Actions Accomplished Previously

    (g) Accomplishing the applicable actions before the effective 
date of this AD in accordance with Boeing Alert Service Bulletin 
767-26A0119, dated April 19, 2001; is considered acceptable for 
compliance with the corresponding actions in paragraph (f)(1) of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, Seattle Aircraft Certification Office, FAA, has 
the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

    Issued in Renton, Washington, on December 27, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-166 Filed 1-4-05; 8:45 am]
BILLING CODE 4910-13-P