[Federal Register Volume 71, Number 126 (Friday, June 30, 2006)]
[Proposed Rules]
[Pages 37507-37510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5874]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25205; Directorate Identifier 2006-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).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain Boeing Model 767-200, -300, and 
-300F series airplanes. The existing AD currently requires an 
inspection of visually accessible areas for indications of overheating 
of the heater tape attached to the potable water fill and drain lines 
in the forward and aft cargo compartments, exposed foam insulation or 
missing or damaged protective tape around the potable water fill and 
drain lines, and debris or contaminants on or near the potable water 
fill and drain lines. That AD also requires corrective action, as 
necessary. This proposed AD would require repetitive inspections of the 
forward and aft cargo compartments, as applicable, for discrepancies of 
the potable water supply and gray water drain lines; and applicable 
corrective actions if necessary. This proposed AD also would require 
replacing the heater tapes on the potable water supply and gray water 
drain lines of the forward and aft cargo compartments, as applicable, 
with new ribbon heaters, which would end the repetitive inspections. 
This proposed AD results from a report of a fire in the aft cargo 
compartment. We are proposing this AD to prevent overheating of the 
heater tape on potable water fill and drain lines, which may ignite 
accumulated debris or contaminants on or near the potable water fill 
and drain lines, resulting in a fire in the airplane.

DATES: We must receive comments on this proposed AD by August 14, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.

[[Page 37508]]

     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.
     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.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this 
proposed AD.

FOR FURTHER INFORMATION CONTACT: Donald Eiford, 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) 917-6465; 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 in the ADDRESSES section. Include the docket number ``Docket No. 
FAA-2006-25205; Directorate Identifier 2006-NM-071-AD'' at the 
beginning 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 received 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 may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or visit 
http://dms.dot.gov.

Examining the Docket

    You may 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 
receives them.

Discussion

    On May 29, 2002, we issued AD 2002-11-11, amendment 39-12772 (67 FR 
39265, June 7, 2002), for certain Boeing Model 767-200, -300, and -300F 
series airplanes. That AD requires an inspection of visually accessible 
areas for indications of overheating of the heater tape attached to the 
potable water fill and drain lines in the forward and aft cargo 
compartments, exposed foam insulation or missing or damaged protective 
tape around the potable water fill and drain lines, and debris or 
contaminants on or near the potable water fill and drain lines. That AD 
also requires correction action, as necessary. That AD resulted from a 
report of a fire in the aft cargo compartment. We issued that AD to 
prevent overheating of the heater tape on potable water fill and drain 
lines, which may ignite accumulated debris or contaminants on or near 
the potable water fill and drain lines, resulting in a fire in the 
airplane.

Actions Since Existing AD Was Issued

    In the preamble to AD 2002-11-11, we indicated that the actions 
required by that AD were considered ``interim action,'' and that 
further rulemaking action was being considered. We now have determined 
that further rulemaking action is indeed necessary, and this proposed 
AD follows from that determination.

Relevant Service Information

    We have reviewed Boeing Service Bulletin 767-30A0038, Revision 2, 
dated February 23, 2006. Revision 2 of the service bulletin describes 
procedures for repetitive general visual inspections of the forward and 
aft cargo compartments, as applicable, for discrepancies of the potable 
water supply and gray water drain lines; and applicable corrective 
actions if necessary. The discrepancies include: foreign object debris 
(FOD), contamination, heat damage, exposed foam insulation, and missing 
or damaged protective tape of all heater tape. The applicable 
corrective actions include:
     Removing FOD or contamination;
     Replacing damaged heater tape with new heater tape;
     Disconnecting damaged heater tape;
     Applying a continuous wrap of external protective tape to 
cover the foam insulation; and
     Fully covering the heater tape with external protective 
tape.
    In addition, the service bulletin describes procedures for 
replacing the heater tapes on the potable water supply and gray water 
drain lines of the forward and aft cargo compartments, as applicable, 
with new Adel Wiggins ribbon heaters, which ends the need for the 
repetitive inspections.
    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 develop on other airplanes of the 
same type design. For this reason, we are proposing this AD, which 
would supersede AD 2002-11-11 to require accomplishing the actions 
specified in the service bulletin described previously.

Change to Existing AD

    AD 2002-11-11 affects Model 767-200, -300, and -300F series 
airplanes with non-fully-enclosed cargo floors in the lower cargo 
areas. Since the issuance of that AD, Boeing has informed us that the 
new, improved heater tapes are being installed on airplanes, line 
numbers 919 and higher, in production. Boeing Service Bulletin 767-
30A0038, Revision 2, specifies the current affected airplanes and 
operators. In addition, we have determined that Model 767-300F series 
airplanes are not subject to the identified unsafe condition and were 
inadvertently included in the applicability of AD 2002-11-11. 
Therefore, the applicability of this proposed AD limits the 
applicability of the existing AD to airplanes identified in Revision 2 
of Boeing Service Bulletin 767-30A0038.

Costs of Compliance

    There are about 455 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this proposed AD.

[[Page 37509]]



                                                                     Estimated Costs
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                                                                                                                       Number of
                                                               Average                                                   U.S.-
               Action                    Work hours \1\       labor rate         Parts         Cost per airplane \1\   registered      Fleet cost \2\
                                                               per hour                                                airplanes
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Inspections........................  2 or 3................          $80  None...............  $160 or $240, per               83  Between $13,280 and
                                                                                                inspection cycle.                   $19,920, per
                                                                                                                                    inspection cycle.
Replacement (Ends Inspections).....  Between 1 and 3.......           80  $8,000.............  Between $8,080 and              83  Between $670,640 and
                                                                                                $8,240.                             $683,920.
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\1\ Depending on airplane configuration.
\2\ Depending on fleet configuration.

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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-12772 (67 FR 39265, June 7, 2002) and adding the 
following new airworthiness directive (AD):

Boeing: Docket No. FAA-2006-25205; Directorate Identifier 2006-NM-
071-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by August 
14, 2006.

Affected ADs

    (b) This AD supersedes AD 2002-11-11.

Applicability

    (c) This AD applies to Boeing Model 767-200 and -300 series 
airplanes, certificated in any category, as identified in Boeing 
Service Bulletin 767-30A0038, Revision 2, dated February 23, 2006.

    Note 1: For the purposes of this AD: An open cargo floor 
configuration, as identified in Boeing Service Bulletin 767-30A0038, 
is a floor without panels installed between all roller trays in the 
cargo compartment. A closed cargo floor configuration, as identified 
in Boeing Service Bulletin 767-30A0038, is a floor with panels 
installed between all roller trays in the cargo compartment.

Unsafe Condition

    (d) This AD results from a report of a fire in the aft cargo 
compartment. We are issuing this AD to prevent overheating of the 
heater tape on potable water fill and drain lines, which may ignite 
accumulated debris or contaminants on or near the potable water fill 
and drain lines, resulting in a fire in the airplane.

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 18 months since the date of issuance of the original 
standard airworthiness certificate or the date of issuance of the 
original export certificate of airworthiness, or within 90 days 
after the effective date of this AD, whichever is later: Do the 
actions in Table 1 of this AD in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 767-30A0038, Revision 2, 
dated February 23, 2006.

                          Table 1.--Inspections
------------------------------------------------------------------------
     Do a general visual
  inspection of the forward      And, repeat at           Until the
 and aft cargo compartments,    intervals not to    replacement required
    as applicable, for--            exceed--                by--
------------------------------------------------------------------------
(1) Foreign object debris     600 flight hours....  Paragraph (h) of
 (FOD) or contamination on,                          this AD is done.
 near, or around the potable
 water supply and gray water
 drain lines.

[[Page 37510]]

 
(2) Indications of heat       1,800 flight hours..  Paragraph (h) of
 damage, exposed foam                                this AD is done.
 insulation, or missing or
 damaged protective tape of
 all heater tape on the
 potable water supply and
 gray water drain lines.
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Corrective Actions

    (g) If any discrepancy identified in Table 1 of this AD is found 
during any general visual inspection required by either paragraph, 
before further flight, do the applicable corrective action by 
accomplishing all the actions in accordance with Accomplishment 
Instructions of Boeing Service Bulletin 767-30A0038, Revision 2, 
dated February 23, 2006.

Terminating Action

    (h) At the applicable time specified in Table 2 of this AD: 
Replace the heater tapes on the potable water supply and gray water 
drain lines of the forward and aft cargo compartments, as 
applicable, with Adel Wiggins ribbon heaters, in accordance with 
Accomplishment Instructions of Boeing Service Bulletin 767-30A0038, 
Revision 2, dated February 23, 2006. Accomplishing the replacement 
ends the requirements of paragraph (f) of this AD.

                Table 2.--Compliance Time for Replacement
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For airplanes on which the heater tape--
                                                 Compliance time
------------------------------------------------------------------------
(1) Has not been replaced in accordance  Within 42 months since the date
 with Boeing Service Bulletin 767-        of issuance of the original
 30A0037, dated May 28, 2002; or          standard airworthiness
 Revision 1, dated July 19, 2002; as of   certificate or the date of
 the effective date of this AD.           issuance of the original
                                          standard airworthiness
                                          certificate of the date of
                                          issuance of the original
                                          export certificate of
                                          airworthiness, or within 24
                                          months after the effective
                                          date of this AD, whichever
                                          occurs later.
(2) Has been replaced in accordance      Within 42 months after
 with Boeing Service Bulletin 767-        replacing the heater tape, or
 30A0037, dated May 28, 2002; or          within 24 months after the
 Revision 1, dated July 19, 2002; as of   effective date of this AD,
 the effective date of this AD.           whichever occurs later.
------------------------------------------------------------------------

Credit for Earlier Revisions of Service Bulletin

    (i) For airplanes having variable number (VN) VN471 and VN472: 
Actions done in the forward cargo compartment before the effective 
date of this AD in accordance with Boeing Alert Service Bulletin 
767-30A0038, dated December 16, 2004; or Revision 1, dated September 
29, 2005; are acceptable for compliance with the corresponding 
requirements of this AD for the forward cargo compartment only.
    (j) For airplanes having VN VS704 through VS707 inclusive: 
Actions done in the forward cargo compartment before the effective 
date of this AD in accordance with Boeing Alert Service Bulletin 
767-30A0038, Revision 1, dated September 29, 2005, are acceptable 
for compliance with the corresponding requirements of this AD for 
the forward cargo compartment only.
    (k) For airplanes other than those identified in paragraphs (i) 
and (j) of this AD: Actions done in the forward and aft cargo 
compartments, as applicable, before the effective date of this AD in 
accordance with Boeing Alert Service Bulletin 767-30A0038, dated 
December 16, 2004; or Revision 1, dated September 29, 2005; are 
acceptable for compliance with the corresponding requirements of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (l)(1) 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

    Issued in Renton, Washington, on June 20, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-5874 Filed 6-29-06; 8:45 am]
BILLING CODE 4910-13-P