[Federal Register Volume 70, Number 108 (Tuesday, June 7, 2005)]
[Rules and Regulations]
[Pages 32996-32998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11058]


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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; 
Amendment 39-14114; AD 2005-11-12]
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 installing a new, improved foam seal around certain ducts in 
the forward cargo compartment. This AD is 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.

DATES: This AD becomes effective July 12, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of July 
12, 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,

[[Page 32997]]

Washington, DC. This docket number is FAA-2004-19990; the directorate 
identifier for this docket is 2004-NM-199-AD.

FOR FURTHER INFORMATION CONTACT: 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.

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 January 5, 
2005 (70 FR 727), proposed to require installing a new, improved foam 
seal around certain ducts in the forward cargo compartment.

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. Two commenters concur with the proposed 
AD.

Request To Change Costs of Compliance Section

    One commenter estimates that the proposed modification of the foam 
seals requires approximately 3.5 work hours per airplane, at a cost of 
$22,220 for its fleet. The commenter notes that it has accomplished the 
modification on all of its fleet. A second commenter estimates that the 
required work hours for the proposed AD would be 4.5 work hours per 
airplane, as specified in the referenced service information, at an 
estimated cost of $292.50 per airplane.
    We infer that the commenters are asking that the work hour estimate 
specified in the ``Costs of Compliance'' section be increased. We do 
not agree. The cost impact figures discussed in AD rulemaking actions 
represent only the time necessary to perform the specific actions 
actually required by the AD. This AD requires installing a new, 
improved foam seal around certain ducts in the forward cargo 
compartment. We recognize that in accomplishing the requirements of any 
AD, operators may incur incidental costs in addition to the direct 
costs. However, the cost analysis in AD rulemaking actions typically 
does not include incidental costs, such as the time required to gain 
access and close up, planning time, or time necessitated by other 
administrative actions. Because incidental costs may vary significantly 
from operator to operator, they are almost impossible to calculate. We 
have made no change to the AD in this regard.

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.

Costs of Compliance

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

2005-11-12 Boeing: Amendment 39-14114. Docket No. FAA-2004-19990; 
Directorate Identifier 2004-NM-199-AD.

Effective Date

    (a) This AD becomes effective July 12, 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 identified 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 32998]]

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.

Material Incorporated by Reference

    (i) You must use Boeing Alert Service Bulletin 767-26A0119, 
Revision 1, dated July 15, 2004, 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. 
To get copies of the service information, contact Boeing Commercial 
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. To view 
the AD docket, go to the Docket Management Facility, U.S. Department 
of Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC. To review copies of the service 
information, go to the National Archives and Records Administration 
(NARA). For information on the availability of this material at the 
NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on May 26, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-11058 Filed 6-6-05; 8:45 am]
BILLING CODE 4910-13-P