[Federal Register Volume 70, Number 127 (Tuesday, July 5, 2005)]
[Proposed Rules]
[Pages 38632-38636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13139]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21713; Directorate Identifier 2005-NM-085-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-400ER Series 
Airplanes; and Model 777-200 and -300 Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Model 767-400ER series airplanes; and Model 777-200 and -
300 series airplanes. This proposed AD would require, for certain 
airplanes, repetitive testing of the fill and safety fittings of the 
fire extinguishing bottles in the forward cargo compartment for leaks; 
and repetitive application of a corrosion inhibiting compound (CIC) or 
replacement of the fire extinguishing bottles with reworked fire 
extinguishing bottles, as necessary. For all airplanes, this proposed 
AD would require replacement of the fire extinguishing bottles with 
reworked fire extinguishing bottles, which would end the repetitive 
tests and CIC applications if applicable. This proposed AD is prompted 
by failure of the safety fittings for the fire extinguishing bottles. 
We are proposing this AD to prevent failure of the safety fittings for 
the fire extinguishing bottles due to corrosion, which could result in 
leakage of extinguishing agent. If a fire occurs in the cargo bay, the 
fire extinguishing bottles could have less than enough extinguishing 
agent to control a fire.

DATES: We must receive comments on this proposed AD by August 19, 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-2005-21713; the directorate identifier for this docket is 
2005-NM-085-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:

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-2005-21713; 
Directorate Identifier 2005-NM-085-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 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.

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 Docket Management System 
(DMS) receives them.

Discussion

    We have received a report indicating that failed safety fittings of 
the fire extinguishing bottles for the forward cargo compartment were 
found during fleet inspection of Model 777 series airplanes. 
Investigation revealed that corrosion of the burst disc inside the 
safety fitting caused failure of the safety fittings. This condition, 
if not corrected, could result in leakage of fire extinguishing agent. 
If a fire occurs in the cargo bay, the fire extinguishing bottles could 
have less than enough extinguishing agent to control a fire.
    Fire extinguishing bottles having a certain part number on certain 
Model 767-400ER series airplanes are identical to those on the affected 
777-200 and -300 series airplanes. Therefore, all of

[[Page 38633]]

these models may be subject to the same unsafe condition.

Relevant Service Information

    We have reviewed the following service bulletins:

----------------------------------------------------------------------------------------------------------------
              Boeing model-                       Service bulletin                          Date
----------------------------------------------------------------------------------------------------------------
767-400ER series airplanes..............  Boeing Special Attention         December 5, 2002.
                                           Service Bulletin 767-26-0124.
                                          Boeing Special Attention         January 22, 2004.
                                           Service Bulletin 767-26-0125..
777-200 and -300 series airplanes.......  Boeing Special Attention         December 5, 2002.
                                           Service Bulletin 777-26-0033.
                                          Boeing Service Bulletin 777-26-  July 1, 2004.
                                           0034, Revision 1.
----------------------------------------------------------------------------------------------------------------

    For certain airplanes, Boeing Special Attention Service Bulletin 
767-26-0124 and 777-26-0033 describe the following procedures:
     Repetitively testing the fill and safety fittings of the 
fire extinguishing bottles in the forward cargo compartment for leaks.
     If no leak is found or if the leak rate is below the 
calibrated rate specified in the service bulletin, applying a corrosion 
inhibiting compound (CIC) to the burst disc of the safety fitting and 
reidentifying the fire extinguishing bottle.
     If any leak above the calibrated rate specified in the 
service bulletin is found, replacing and reidentifying the fire 
extinguishing bottle.
    Boeing Special Attention Service Bulletin 767-26-0125 and Boeing 
Service Bulletin 777-26-0034 describe procedures for replacing the 
existing fire extinguishing bottles with reworked fire extinguishing 
bottles. Accomplishing the replacement would end the repetitive tests 
and CIC applications if necessary.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.

Additional Sources of Service Information

    Boeing Special Attention Service Bulletin 767-26-0124 refers to 
Kidde Aerospace Service Bulletin 473876-26-454 as an additional source 
of service information for testing and reidentifying the fire 
extinguishing bottles.
    Operators should note that Revision 1, dated March 12, 2003, is the 
latest version of Kidde Aerospace Service Bulletin 473876-26-454.
    Boeing Special Attention Service Bulletin 767-26-0125 refers to 
Kidde Aerospace Service Bulletin 473876-26-453, dated January 22, 2004, 
as an additional source of service information for reworking the fire 
extinguishing bottles.
    Boeing Special Attention Service Bulletin 777-26-0033 refers to the 
following service bulletins as additional sources of service 
information for testing and reidentifying the fire extinguishing 
bottles: Kidde Aerospace Service Bulletin 473474-26-442, 473475-26-443, 
473854-26-444, and 473876-26-445.
    Operators should note that the latest version of these Kidde 
Aerospace service bulletins are all Revision 1, all dated March 12, 
2003.
    Boeing Special Attention Service Bulletin 777-26-0034 refers to the 
following service bulletins as additional sources of service 
information for reworking the fire extinguishing bottles: Kidde 
Aerospace Service 473474-26-450; 473475-26-451; 473854-26-452; 473876-
26-453; all dated January 22, 2004.

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, except as discussed under 
``Differences Between the Proposed AD and Service Bulletins.''

Differences Between the Proposed AD and Service Bulletins

    Boeing Special Attention Service Bulletins 767-26-0124 and 777-26-
0033 specify that operators may replace the fire extinguishing bottles 
in accordance with the applicable Boeing Airplane Maintenance Manual 
(AMM), or an ``operator's equivalent procedure.'' However, this 
proposed AD only would allow an ``operator's equivalent procedure'' if 
approved as an alternative method of compliance according to paragraph 
(k) of this AD. Operators should also note that Boeing Special 
Attention Service Bulletin 767-26-0124 references the incorrect chapter 
of the Boeing 767 AMM for the proposed replacement. This proposed AD 
specifies that operators may use chapter 26-23-02/401 of the Boeing 767 
AMM as one approved method for the proposed replacement.
    Although Boeing Special Attention Service Bulletin 767-26-0125 and 
Boeing Service Bulletin 777-26-0034, Revision 1, recommend 
accomplishing the replacement ``at the next required hydrostatic test 
for the fire extinguishing bottles,'' we have determined that this 
imprecise compliance time would not address the identified unsafe 
condition in a timely manner. In developing an appropriate compliance 
time for this AD, we considered not only the manufacturer's 
recommendation, but also 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 replacement. In 
light of all of these factors, we find a compliance time of 60 months 
for completing the required actions to be warranted, in that it 
represents an appropriate interval of time for affected airplanes to 
continue to operate without compromising safety.

Clarification of Inspection Terminology

    The ``inspection'' specified in Boeing Special Attention Service 
Bulletin 767-26-0124 and 777-26-0033 is referred to as a leak test in 
this proposed AD. These Boeing service bulletins refer to certain Kidde 
Aerospace service bulletins as additional sources of service 
information for performing the leak test.

Costs of Compliance

    There are about 322 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs, at 
an average labor rate of $65 per hour, for U.S. operators to comply 
with this proposed AD.

[[Page 38634]]



                                                                     Estimated Costs
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                                                                                                                   Number of U.S.-
             Airplanes                      Action          Work hours         Parts           Cost per airplane      registered         Fleet cost
                                                                                                                      airplanes
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Model 767-400 series airplanes      Leak test, per                   4  None...............  $260, per testing                36    $9,360, per testing
 (for all 4 fire extinguishing       testing cycle.                                           cycle.                                 cycle.
 bottles).
                                    Replacement..........            8  $2,800.............  3,320...............             36    119,520.
Model 777-200 and -300 series       Leak test, per                   5  None...............  325, per testing                130    42,250, per testing
 airplanes (for all 5 fire           testing cycle.                                           cycle.                                 cycle.
 extinguishing bottles).
                                    Replacement..........           10  3,400..............  4,050...............            131    530,550.
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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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    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-2005-21713; Directorate Identifier 2005-NM-
085-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this AD action by August 19, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes listed in Table 1 of this 
AD, certificated in any category:

                         Table 1.--Applicability
------------------------------------------------------------------------
             Boeing model--                     As identified in--
------------------------------------------------------------------------
767-400ER series airplanes.............  Special Attention Service
                                          Bulletin 767-26-0125, dated
                                          January 22, 2004.
777-200 and -300 series airplanes......  Boeing Service Bulletin 777-26-
                                          0034, Revision 1, dated July
                                          1, 2004.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD was prompted by failure of the safety fittings for 
the fire extinguishing bottle. We are issuing this AD to prevent 
failure of the safety fittings for the fire extinguishing bottles 
due to corrosion, which could result in leakage of extinguishing 
agent. If a fire occurs in the cargo bay, the fire extinguishing 
bottles could have less than enough extinguishing agent to control a 
fire.

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.

Service Bulletin References

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the service bulletins identified in 
Table 2 of this AD, as applicable:

[[Page 38635]]



                  Table 2.--Service Bulletin References
------------------------------------------------------------------------
         For model--                Boeing--              For the--
------------------------------------------------------------------------
767-400ER series airplanes..  Special Attention     Test specified in
                               Service Bulletin      paragraph (g) of
                               767-26-0124, dated    this AD
                               December 5, 2002.
                              Special Attention     Replacement
                               Service Bulletin      specified in
                               767-26-0125, dated    paragraph (h) of
                               January 22, 2004.     this AD.
777-200 and -300 series       Special Attention     Test specified in
 airplanes.                    Service Bulletin      paragraph (g) of
                               777-26-0033, dated    this AD.
                               December 5, 2002.
                              Service Bulletin 777- Replacement
                               26-0034, Revision     specified in
                               1, dated July 1,      paragraph (h) of
                               2004.                 this AD.
------------------------------------------------------------------------

Repetitive Testing of Fire Extinguishing Bottles

    (g) For Model 767-400ER series airplanes; and Model 777-200 and 
-300 series airplanes identified in Boeing Special Attention Service 
Bulletin 777-26-0033, dated December 5, 2002: Within 18 months or 
6,000 flight hours after the effective date of this AD, whichever is 
first, test the fill and safety fittings of the fire extinguishing 
bottles in the forward cargo compartment for leaks, in accordance 
with the service bulletin. Repeat the test thereafter at intervals 
not to exceed 18 months or 6,000 flight hours, whichever is first, 
in accordance with the service bulletin, until the replacement 
required by paragraph (h) of this AD is accomplished.
    (1) If no leak is found or if the leak rate is below the 
calibrated rate specified in the service bulletin, before further 
flight, apply the corrosion inhibiting compound (CIC) to the burst 
disc of the safety fitting and reidentify the fire extinguishing 
bottle, in accordance with the service bulletin.
    (2) If any leak above the calibrated rate specified in the 
service bulletin is found, before further flight, replace and 
reidentify the fire extinguishing bottle with new or reworked fire 
extinguishing bottles, in accordance with the service bulletin; 
except where the service bulletin specifies that the replacement may 
be accomplished according to an operator's ``equivalent procedure,'' 
replace in accordance with a method approved by the Manager, Seattle 
Aircraft Certification Office (ACO). Chapter 26-23-02/401 of Boeing 
767 Airplane Maintenance Manual (AMM) or Chapter 26-23-01/401 of 
Boeing 777 AMM, as applicable, is one approved method.

    Note 1: The Boeing service bulletins listed in Table 3 of this 
AD refer to certain Kidde Aerospace service bulletins, as 
applicable, as additional sources of service information for testing 
and reidentifying the fire extinguishing bottles.


                              Table 3.--Additional Service Information for Testing
----------------------------------------------------------------------------------------------------------------
                                       Boeing Special Attention
            For model--                   Service Bulletin--       Refers to Kidde Aerospace Service Bulletin--
----------------------------------------------------------------------------------------------------------------
767-400ER series airplanes.........  767-26-0124, dated December  473876-26-454. Revision 1, dated March 12,
                                      5, 2002.                     2003, is the latest version of this service
                                                                   bulletin.
777-200 and -300 series airplanes..  777-26-0033, dated December  473474-26-442. Revision 1, dated March 12,
                                      5, 2002.                     2003, is the latest version of this service
                                                                   bulletin.
                                                                  473475-26-443. Revision 1, dated March 12,
                                                                   2003, is the latest version of this service
                                                                   bulletin.
                                                                  473854-26-444. Revision 1, dated March 12,
                                                                   2003, is the latest version of this service
                                                                   bulletin.
                                                                  473876-26-445. Revision 1, dated March 12,
                                                                   2003, is the latest version of this service
                                                                   bulletin.
----------------------------------------------------------------------------------------------------------------

Replacement of Fire Extinguishing Bottles

    (h) For all airplanes: Within 60 months after the effective date 
of this AD, replace the existing fire extinguishing bottles with 
reworked fire extinguishing bottles, in accordance with the service 
bulletin. Replacement of a fire extinguishing bottle with a reworked 
fire extinguishing bottle terminates the repetitive tests and CIC 
applications required by paragraph (g) of this AD for that fire 
extinguishing bottle only.

    Note 2: The Boeing service bulletins listed in Table 4 of this 
AD refer to certain Kidde Aerospace service bulletins, as 
applicable, as additional sources of service information for 
reworking the fire extinguishing bottles.


        Table 4.--Additional Service Information for Replacement
------------------------------------------------------------------------
                                 Boeing Special        Refers to Kidde
         For model--            Attention Service     Aerospace Service
                                   Bulletin--             Bulletin-
------------------------------------------------------------------------
767-400ER series airplanes..  767-26-0125, dated    473876-26-453, dated
                               January 22, 2004.     January 22, 2004.
777-200 and -300 series       777-26-0034, dated    473474-26-450, dated
 airplanes.                    January 22, 2004.     January 22, 2004.
                                                    473475-26-451, dated
                                                     January 22, 2004.
                                                    473854-26-452, dated
                                                     January 22, 2004.
                                                    473876-26-453, dated
                                                     January 22, 2004.
------------------------------------------------------------------------

Parts Installation

    (i) For all airplanes: As of the effective date of this AD, no 
person may install a fire extinguishing bottle, part number (P/Ns) 
473474-1 and -2, P/Ns 473475-1 and -2, P/Ns 473854-1 and -2, and P/
Ns 473876-1 and -2, on any airplane, unless the initial test 
required by paragraph (g) of this AD is accomplished.

Credit for Previous Service Bulletin

    (j) For Model 777-200 series airplanes: Actions done before the 
effective date of this AD in accordance with Boeing Service Bulletin 
777-26-0034, dated January 22, 2004, are acceptable for compliance 
with the corresponding requirements of this AD.

Alternative Methods of Compliance (AMOCs)

    (k) The Manager, Seattle ACO, FAA, has the authority to approve 
AMOCs for this AD,

[[Page 38636]]

if requested in accordance with the procedures found in 14 CFR 
39.19.

    Issued in Renton, Washington, on June 17, 2005.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-13139 Filed 7-1-05; 8:45 am]
BILLING CODE 4910-13-P