[Federal Register Volume 70, Number 130 (Friday, July 8, 2005)]
[Proposed Rules]
[Pages 39433-39435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13433]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 70, No. 130 / Friday, July 8, 2005 / Proposed 
Rules  

[[Page 39433]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21748; Directorate Identifier 2005-NM-071-AD]
RIN 2120-AA64


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

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Boeing Model 767-200 and -300 series airplanes. For certain 
airplanes, this proposed AD would require repetitive inspections for 
discrepancies of the tube assemblies and insulation of the metered fire 
extinguisher system and the bleed air duct couplings of the auxiliary 
power unit (APU) located in the aft cargo compartment; and corrective 
actions if necessary. For certain other airplanes, this proposed AD 
would require a one-time inspection for sufficient clearance between 
the fire extinguishing tube and the APU bleed air duct in the aft cargo 
compartment, and modification if necessary. This proposed AD is 
prompted by one report indicating that an operator found a hole in the 
discharge tube assembly for the metered fire extinguishing system; and 
another report indicating that an operator found chafing of the fire 
extinguishing tube against the APU duct that resulted in a crack in the 
tube. We are proposing this AD to prevent fire extinguishing agent from 
leaking out of the tube assembly in the aft cargo compartment which, in 
the event of a fire in the aft cargo compartment, could result in an 
insufficient concentration of fire extinguishing agent, and consequent 
inability of the fire extinguishing system to suppress the fire.

DATES: We must receive comments on this proposed AD by August 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-2005-21748; the directorate identifier for this 
docket is 2005-NM-071-AD.

FOR FURTHER INFORMATION CONTACT: Marcia 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:

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-2005-21748; 
Directorate Identifier 2005-NM-071-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 an operator found a hole 
in the discharge tube assembly for the metered fire extinguishing 
system in the aft cargo compartment at station (STA) 1197, on a Model 
767-300 series airplane. The hole in the tube assembly was the result 
of a chafing condition between an auxiliary power unit (APU) bleed air 
duct coupling and the tube assembly. The tube assembly was attached to 
the stanchion, approximately 1.75 inches below the correct location. 
The operator also found incorrect installation of the tube assembly on 
three additional airplanes. Another report was received indicating that 
an operator found chafing of the fire extinguishing tube against the 
APU duct on a Model 767-300ER series airplane, resulting in a crack in 
the tube at STA 1357. A crack or hole in the tube could allow leakage 
of the fire extinguishing agent into an area outside the cargo 
compartment in

[[Page 39434]]

the case of an aft cargo fire. In the event of a fire in the aft cargo 
compartment, these conditions could result in an insufficient 
concentration of fire extinguishing agent, and consequent inability of 
the fire extinguishing system to suppress the fire.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 767-26A0123, dated 
August 22, 2002. The service bulletin describes procedures for an 
inspection for sufficient clearance between the fire extinguishing tube 
and the APU bleed air duct on the left sidewall from STA 1355 to STA 
1365; and modification of the fire extinguishing tube assembly if 
necessary.
    Service Bulletin 767-26A0123 refers to Boeing Service Bulletin 767-
26-0118, Revision 2, dated December 21, 2004, as the appropriate source 
of service information for accomplishing the modification of the fire 
extinguishing tube assembly. The modification involves replacing one 
fire extinguishing tube assembly with two fire extinguishing tube 
assemblies and support provisions, and doing a functional test of the 
aft metered discharge line.
    We have also reviewed Boeing Alert Service Bulletin 767-26A0130, 
dated December 2, 2004. The service bulletin divides the affected 
airplanes into Groups 1 and 2, and describes procedures for repetitive 
detailed inspections for discrepancies of the tube assemblies and 
insulation of the metered fire extinguishing system in the aft cargo 
compartment; repetitive general visual inspections for discrepancies of 
the APU bleed air duct couplings and the tube assemblies of the fire 
extinguisher in the aft cargo compartment; and corrective actions if 
necessary. The station locations for the inspections vary, depending on 
the airplane group specified in the service bulletin. The service 
bulletin also describes procedures for a functional test.
    The discrepancies include signs of chafing or contact between the 
fire extinguisher tube assemblies, the APU bleed air duct couplings 
support provisions, and the insulation; loose duct couplings; and 
incorrect placement of the tube assembly support provisions, and/or the 
duct couplings.
    The corrective actions include repairing or replacing any damaged 
tube assembly with a new assembly; replacing any damaged insulation 
with new insulation; applying the correct torque to any loose duct 
couplings; and moving tube assemblies and/or duct couplings to the 
correct location.
    The installation of tube assemblies in the correct location 
eliminates the need for the repetitive inspections, provided initial 
inspections and any necessary corrective actions have been done.
    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 Service Bulletin 
767-26A0123 and Service Bulletin 767-26A0130, described previously, 
except as discussed under ``Difference Between the Proposed AD and 
Service Information.''

Differences Between the Proposed AD and Service Information

    Service Bulletin 767-26A0123 recommends that the actions therein be 
accomplished ``as soon as manpower, materials, and facilities are 
available.'' We find that such a non-specific compliance time may not 
ensure that the proposed actions are accomplished in a timely manner. 
In developing an appropriate compliance time for these actions, we 
considered the safety implications, operators' normal maintenance 
schedules, and the compliance time recommended by the airplane 
manufacturer. In consideration of these items, we have determined that 
within 24 months or 8,000 flight hours, whichever is first, represents 
an appropriate interval of time wherein the proposed actions can be 
accomplished during scheduled maintenance intervals for the majority of 
affected operators, and an acceptable level of safety can be 
maintained. This compliance time is consistent with the recommendation 
of the airplane manufacturer.
    Service Bulletin 767-26A0123 recommends concurrently accomplishing 
the service bulletins specified in the table in paragraph 1.B., titled 
``Concurrent Requirements,'' for Group 2 airplanes; however, this 
proposed AD would not include that requirement. The concurrent service 
bulletins describe procedures for installing a metered fire 
extinguishing system, but this proposed AD is only applicable to 
airplanes that already have that system installed.
    These differences have been coordinated with the manufacturer.

Clarification of Inspection Type

    Service Bulletin 767-26A0123 refers only to an ``inspection'' for 
sufficient clearance between the fire extinguishing tube and the APU 
duct. We have determined that the procedures in the service bulletin 
should be described as a ``general visual inspection.'' A note has been 
included in this AD to define this type of inspection.

Costs of Compliance

    There are about 734 airplanes of the affected design in the 
worldwide fleet. This proposed AD would affect about 281 airplanes of 
U.S. registry.
    The proposed inspection specified in Service Bulletin 767-26A0123 
would take about 1 work hour per airplane, at an average labor rate of 
$65 per work hour. Based on these figures, the estimated cost of the 
proposed inspection for U.S. operators is $18,265, or $65 per airplane.
    The proposed inspections specified in Service Bulletin 767-26A0130 
would take about 2 work hours per airplane, at an average labor rate of 
$65 per work hour. Based on these figures, the estimated cost of the 
proposed inspections for U.S. operators is $36,530, or $130 per 
airplane, per inspection cycle.
    The proposed functional test specified in Service Bulletin 767-
26A0130 would take about 1 work hour per airplane, at an average labor 
rate of $65 per work hour. Based on these figures, the estimated cost 
of the proposed functional test for U.S. operators, is $18,265, or $65 
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.

[[Page 39435]]

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-2005-21748; Directorate Identifier 2005-NM-
071-AD.

Comments Due Date

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

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200 and -300 series 
airplanes; certificated in any category; as specified in paragraphs 
(c)(1), (c)(2), and (c)(3) of this AD.
    (1) Airplanes identified in Boeing Alert Service Bulletin 767-
26A0130, dated December 2, 2004.
    (2) Group 1 airplanes identified in Boeing Alert Service 
Bulletin 767-26A0123, dated August 22, 2002.
    (3) Group 2 airplanes identified in Boeing Alert Service 
Bulletin 767-26A0123, dated August 22, 2002, on which the applicable 
service bulletin specified in the table in paragraph 1.B., titled 
``Concurrent Requirements'' has been accomplished.

Unsafe Condition

    (d) This AD was prompted by one report indicating that an 
operator found a hole in the discharge tube assembly for the metered 
fire extinguishing system; and another report indicating that an 
operator found chafing of the fire extinguishing tube against the 
auxiliary power unit (APU) duct that resulted in a crack in the 
tube. We are issuing this AD to prevent fire extinguishing agent 
from leaking out of the tube assembly in the aft cargo compartment 
which, in the event of a fire in the aft cargo compartment, could 
result in an insufficient concentration of fire extinguishing agent, 
and consequent inability of the fire extinguishing system to 
suppress the 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.

Repetitive Inspections

    (f) Within 24 months or 8,000 flight hours after the effective 
date of this AD, whichever is first: Accomplish the actions required 
by paragraphs (f)(1) and (f)(2) of this AD, as applicable.
    (1) For airplanes identified in Boeing Alert Service Bulletin 
767-26A0130, dated December 2, 2004: Perform general visual and 
detailed inspections for discrepancies of the tube assemblies and 
insulation of the metered fire extinguisher system and the bleed air 
duct couplings of the APU located in the aft cargo compartment and 
any applicable corrective actions and functional test, by doing all 
the applicable actions specified in the Accomplishment Instructions 
of Boeing Alert Service Bulletin 767-26A0130, dated December 2, 
2004. Do any applicable corrective actions before further flight in 
accordance with the service bulletin. Repeat the inspections 
thereafter at intervals not to exceed 24 months or 8,000 flight 
hours, whichever is first. Installation of the tube assembly in the 
correct location, in accordance with the service bulletin, 
terminates the repetitive inspections for that assembly only.
    (2) For airplanes identified in Boeing Alert Service Bulletin 
767-26A0123, dated August 22, 2002: Perform a general visual 
inspection for sufficient clearance between the fire extinguishing 
tube and the APU duct on the left sidewall from station 1355 through 
1365 inclusive, and do any applicable modification, by doing all the 
actions specified in the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-26A0123, dated August 22, 2002. Do any 
applicable modification before further flight.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
enhance visual access to all exposed surfaces in the inspection 
area. This level of inspection is made under normally available 
lighting conditions such as daylight, hangar lighting, flashlight, 
or droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

Alternative Methods of Compliance (AMOCs)

    (g) 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 June 29, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-13433 Filed 7-7-05; 8:45 am]
BILLING CODE 4910-13-P