[Federal Register Volume 70, Number 53 (Monday, March 21, 2005)]
[Rules and Regulations]
[Pages 13368-13370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5387]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19493; Directorate Identifier 2004-NM-69-AD; 
Amendment 39-14018; AD 2005-06-10]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 767-200, -300, and -300F series airplanes. This AD 
requires replacing the inboard fairing seal common to the vapor barrier 
seal of each strut assembly. This AD is prompted by discovery during 
production that a section of vapor barrier seal was missing from the 
spar web cavities of the upper aft struts of both wings. We are issuing 
this AD to prevent flammable fluids from leaking onto parts of a hot 
exhaust system of a shut-down engine of an airplane on the ground, 
which could result in ignition of the flammable fluids and an 
uncontained fire. This could also lead to an emergency evacuation of 
the airplane and possible injury to passengers.

[[Page 13369]]


DATES: This AD becomes effective April 25, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of April 
25, 2005.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. 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 U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, 
Washington, DC. This docket number is FAA-2004-19493; the directorate 
identifier for this docket is 2004-NM-69-AD.

FOR FURTHER INFORMATION CONTACT: John L. Vann, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone 
(425) 917-6513; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR Part 39 
with an AD for certain Boeing Model 767-200, -300, and -300F series 
airplanes. That action, published in the Federal Register on November 
3, 2004 (69 FR 63963), proposed to require replacing the inboard 
fairing seal common to the vapor barrier seal of each strut assembly.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the proposed AD.

Agreement With Proposed AD

    Two commenters, the manufacturer and an operator, agree with the 
proposed AD.

Request for Extended Compliance Time

    One commenter, another operator, requests that we change the 
compliance deadline from 60 months to 84 months after the effective 
date. The operator states that this will allow the airlines to 
accomplish the required maintenance within their heavy maintenance 
visit schedules, thereby minimizing aircraft out-of-service time and 
the associated extra expense.
    We do not agree with the commenter's request to extend the 
compliance time. In developing an appropriate compliance time for this 
action, we considered the safety implications, the level of effort 
needed to incorporate the change, and normal maintenance schedules for 
the timely accomplishment of the modification. In consideration of 
these items, we have determined that a 60-month interval will ensure an 
acceptable level of safety and allow the modifications to be done with 
no airplane out-of-service time during scheduled maintenance intervals 
for most affected operators. We have not changed the final rule.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD as proposed, except for 
minor editorial changes.

Clarification of Costs of Compliance

    We have discovered that the numbers shown in the proposed AD were 
incorrect for the worldwide total of affected airplanes and affected 
airplanes of U.S. registry. We have changed the Costs of Compliance 
section of this AD to reflect the correct numbers of affected 
airplanes.

Costs of Compliance

    There are about 723 airplanes worldwide of the affected design. 
This AD will affect about 228 airplanes of U.S. registry. The actions 
will take about 4 work hours per airplane, at an average labor rate of 
$65 per work hour. Required parts will cost about $185 per airplane. 
Based on these figures, the estimated cost of the AD for U.S. operators 
is $101,460, or $445 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. 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.
    We are issuing this rulemaking 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 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This 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 this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-06-10 Boeing: Amendment 39-14018. Docket No. FAA-2004-19493; 
Directorate Identifier 2004-NM-69-AD.

Effective Date

    (a) This AD becomes effective April 25, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, and -300F 
series airplanes;

[[Page 13370]]

certificated in any category; equipped with General Electric and 
Pratt and Whitney engines; as identified in Boeing Service Bulletin 
767-54-0107, Revision 1, dated December 18, 2003.

Unsafe Condition

    (d) This AD was prompted by discovery during production that a 
section of vapor barrier seal was missing from the spar web cavities 
of the upper aft struts of both wings. We are issuing this AD to 
prevent flammable fluids from leaking onto parts of a hot exhaust 
system of a shut-down engine of an airplane on the ground, which 
could result in ignition of the flammable fluids and an uncontained 
fire. This could also lead to an emergency evacuation of the 
airplane and possible injury to passengers.

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.

Installation of Seal

    (f) Within 60 months after the effective date of this AD, 
replace the inboard fairing seal common to the vapor barrier seal of 
each strut assembly with a new inboard fairing seal in accordance 
with the Accomplishment Instructions of Boeing Service Bulletin 767-
54-0107, Revision 1, dated December 18, 2003.

Seal Installations Accomplished Per Previous Issue of Service Bulletin

    (g) Seal installations accomplished in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 767-54-0107, 
dated January 16, 2003, are considered acceptable for compliance 
with the corresponding action specified in 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 using the 
procedures found in 14 CFR 39.19.

Material Incorporated by Reference

    (i) You must use Boeing Service Bulletin 767-54-0107, Revision 
1, dated December 18, 2003, to perform the actions that are required 
by this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approves the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For 
copies of the service information, contact Boeing Commercial 
Airplanes, P.O. Box 3707, Seattle, Washington 98124 2207. For 
information on the availability of this material at the National 
Archives and Records Administration (NARA), call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. You may view the AD docket at the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street SW, room PL-401, Nassif Building, Washington, DC.

    Issued in Renton, Washington, on March 9, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-5387 Filed 3-18-05; 8:45 am]
BILLING CODE 4910-13-P