[Federal Register Volume 72, Number 18 (Monday, January 29, 2007)]
[Rules and Regulations]
[Pages 3930-3934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1211]


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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; 
Amendment 39-14905; AD 2007-02-18]
RIN 2120-AA64


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

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD) that applies to certain Boeing Model 767-200, -300, and -300F 
series airplanes. That 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 new 
AD requires 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 AD also requires 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, or 
deactivating and removing any defective heater tape and wrapping the 
drain line with foam insulation; either action ends the repetitive 
inspections. 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.

DATES: This AD becomes effective March 5, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 5, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket

[[Page 3931]]

Management Facility, U.S. Department of Transportation, 400 Seventh 
Street, SW., Nassif Building, Room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this 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 98057-3356; telephone (425) 917-6465; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2002-11-11, amendment 
39-12772 (67 FR 39265, June 7, 2002). The existing AD applies to 
certain Boeing Model 767-200, -300, and -300F series airplanes. That 
NPRM was published in the Federal Register on June 30, 2006 (71 FR 
37507). That NPRM proposed to 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. That NPRM also proposed to 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.

Comments

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

Request To Permit Alternative Method of Compliance

    Boeing requests that we permit an alternative method of compliance 
for the terminating action described in the NPRM. Boeing states that 
Boeing Service Bulletin 767-30A0038, Revision 2, dated February 23, 
2006, describes procedures for deactivating and removing the heater 
tapes of certain gray water drain lines and wrapping the drain lines 
with foam insulation. Boeing therefore requests that we revise the 
summary and paragraph (h), Terminating Action, of the NPRM to state 
that the alternative action described here is acceptable as a 
terminating action for the requirements of the AD.
    We agree for the reasons stated. Accordingly, we have revised the 
summary of the AD, revised paragraph (h) of the AD to include new 
paragraphs (h)(1) and (h)(2), and removed paragraph identifiers (1) and 
(2) from Table 2 of the AD. We have also revised the Costs of 
Compliance section of the AD to present the estimated costs for 
deactivation and removal of the heating tapes and installation of foam 
insulation. These actions neither increase the economic burden on any 
operator nor increase the scope of the AD.

Request To Clarify Costs of Compliance

    Boeing requests that we clarify the Costs of Compliance section of 
the NPRM. Boeing states that the Estimated Costs table is not clear and 
asserts that the time estimated for performing the inspections should 
be ``2 or 3'' work hours. Boeing further asserts that Boeing Service 
Bulletin 767-30A0038 specifies ``between 4.75 and 11 work hours'' to 
perform the heater tape replacements. Although Boeing made no specific 
request, we infer that Boeing wishes us to revise the Costs of 
Compliance section to more closely reflect the estimated costs 
specified in the service bulletin.
    We partially agree. We concur that the time estimated for 
performing the inspections should be 2 or 3 work hours, as shown in the 
Estimated Costs table. However, the statement that ``between 4.75 and 
11 work hours'' are required to replace the heater tapes does not 
accurately reflect the service information we have reviewed. The 
service bulletin provides an estimate of between 4.75 and 11 work hours 
to gain access, perform inspections, replacements and tests, and close 
access. Typically, the costs specified in an AD are only the direct 
costs of the specific actions required by the AD. Therefore, the 
figures shown in the Estimated Costs table of this AD do not include 
the time to gain and close access or perform testing. Further, the 
remaining work hours specified to do the direct actions are divided 
into two parts: one part to perform the inspections and one part to 
replace the ribbon heater or to remove the heater and install foam 
insulation. We have made no changes to the AD in regard to these 
comments.

Comment Regarding Applicability

    A private citizen states that the NPRM does not apply to Model 767 
freighter airplanes.
    We agree. The AD does not apply to Model 767-300F or -400ER series 
airplanes (freighters), but only to Model 767-200 and -300 series 
airplanes, as stated in the NPRM. No change is needed to the AD in this 
regard.

Request for Posting of Service Information

    The Modification and Replacement Parts Association (MARPA), 
requests that we revise our procedures for incorporation by reference 
(IBR) of service information in ADs. MARPA states that, as an AD is a 
public regulatory instrument, it can not rely upon private writings. 
MARPA asserts that such IBR documents lose any proprietary, protected 
status they originally had and become public documents and, therefore, 
that they must be published in the Docket Management System (DMS), 
keyed to the action that incorporates them. MARPA addresses the stated 
purpose of the Federal Register IBR method, brevity, which is intended 
to relieve the Federal Register of needlessly publishing documents 
already supplied to affected individuals: owners and operators of 
affected aircraft. MARPA asserts that ``affected individuals'' are no 
longer merely owners and operators, but, since most aircraft 
maintenance is now performed by specialty shops, that a new class of 
affected individuals has emerged. This new class includes maintenance 
and repair organizations, component servicing and repair shops, parts 
purveyors and distributors, and organizations manufacturing or 
servicing alternatively certified parts under 14 CFR 21.303 (PMA). 
Further, MARPA contends that the concept of brevity is now nearly 
archaic as most documents are kept in electronic files. MARPA therefore 
requests that IBR documents be incorporated by reference into the 
regulatory instrument and posted in the DMS docket for the applicable 
AD.
    We acknowledge MARPA's comments. The Office of the Federal Register 
(OFR) requires that documents that are necessary to accomplish the 
requirements of the AD be incorporated by reference during the final 
rule phase of rulemaking. This final rule incorporates by reference the 
document

[[Page 3932]]

necessary for the accomplishment of the requirements mandated by this 
AD. Further, we point out that while documents that are incorporated by 
reference do become public information, they do not lose their 
copyright protection. For that reason, we advise the public to contact 
the manufacturer to obtain copies of the referenced service 
information.
    In regard to MARPA's request to post service documents on the 
Department of Transportation's DMS, we are currently in the process of 
reviewing issues surrounding the posting of service documents on the 
DMS as part of an AD docket. Once we have thoroughly examined all 
aspects of this issue and have made a final determination, we will 
consider whether our current practice needs to be revised. No change to 
the final rule is necessary in response to this comment.

Request for Standardized Directorate Policies

    MARPA requests standardized directorate policies, asserting that 
another directorate has already given a blanket parts manufacturer 
approval (PMA) by stating in published rules that ``FAA-approved 
equivalent parts'' may be used. MARPA contends that, by not using 
similar language, we are not in compliance with Executive Order 12866 
or proposed FAA order 8040.2. MARPA asserts that for us to not include 
similar blanket language at the earliest possible time could work to 
our disadvantage legally.
    We recognize the need for standardization on this issue and 
currently are in the process of reviewing issues that address PMAs at 
the national level. However, the Transport Airplane Directorate 
considers that to delay this particular AD action would be 
inappropriate, since we have determined that an unsafe condition exists 
and that replacement of certain parts must be accomplished to ensure 
continued safety. Therefore, no change has been made to the final rule 
in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been received, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

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 AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Average                                                Number of U.S.-
              Action                   Work hours \1\     labor rate         Parts          Cost per airplane       registered         Fleet cost \2\
                                                           per hour                                \1\               airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspections.......................  2 or 3.............          $80  None..............  $160 or $240, per     83................  Between $13,280 and
                                                                                           inspection cycle.                         $19,920, per
                                                                                                                                     inspection cycle.
Deactivation/installation of        1..................           80  None..............  $80.................  Up to 83..........  Up to $6,640.
 insulation.
Replacement.......................  Between 1 and 3....           80  $8,000............  Between $8,080 and    83................  Up to $683,920.
                                                                                           $8,240.
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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 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 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-12772 (67 FR 39265, June 7, 2002) and by adding

[[Page 3933]]

the following new airworthiness directive (AD):

2007-02-18 Boeing: Amendment 39-14905. Docket No. FAA-2006-25205; 
Directorate Identifier 2006-NM-071-AD.

Effective Date

    (a) This AD becomes effective March 5, 2007.

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 aft cargo     And, repeat at         Until the
 compartments, as applicable,    intervals not to    requirements of--
             for--                   exceed--
------------------------------------------------------------------------
(1) Foreign object debris       600 flight hours.  Paragraph (h)(1) or
 (FOD) or contamination on,                         (h)(2) of this AD
 near, or around the potable                        are done.
 water supply and gray water
 drain lines.
(2) Indications of heat         1,800 flight       Paragraph (h)(1) or
 damage, exposed foam            hours.             (h)(2) of this AD
 insulation, or missing or                          are done.
 damaged protective tape of
 all heater tape on the
 potable water supply and gray
 water drain lines.
------------------------------------------------------------------------

Corrective Actions

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

Terminating Action

    (h) At the applicable compliance time specified in Table 2 of 
this AD: Perform the actions required by paragraph (h)(1) or (h)(2) 
of this AD, in accordance with the Accomplishment Instructions of 
Boeing Service Bulletin 767-30A0038, Revision 2, dated February 23, 
2006. Accomplishing the requirements of paragraph (h)(1) or (h)(2) 
of this AD ends the requirements of paragraph (f) of this AD.
    (1) 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.
    (2) Deactivate and remove any defective heater tape(s) from the 
potable water supply and gray water drain line(s) of the forward and 
aft cargo compartments and wrap the drain line(s) with foam 
insulation.

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

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 Boeing 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.
    (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 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 Boeing Service Bulletin 767-30A0038, 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.

[[Page 3934]]

    (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.

Material Incorporated by Reference

    (m) You must use Boeing Service Bulletin 767-30A0038, Revision 
2, dated February 23, 2006, to perform the actions that are required 
by this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approved the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for a copy of this service information. You 
may review copies at the Docket Management Facility, U.S. Department 
of Transportation, 400 Seventh Street, SW., Room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at 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 January 12, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-1211 Filed 1-26-07; 8:45 am]
BILLING CODE 4910-13-P