[Federal Register Volume 73, Number 16 (Thursday, January 24, 2008)]
[Rules and Regulations]
[Pages 4061-4063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-972]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28375; Directorate Identifier 2007-NM-015-AD; 
Amendment 39-15346; AD 2008-02-16]
RIN 2120-AA64


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

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 767-200 and 767-300 series airplanes. This AD 
requires reworking certain duct assemblies in the environmental control 
system (ECS). This AD results from reports of duct assemblies in the 
ECS with burned Boeing Material Specification (BMS) 8-39 polyurethane 
foam insulation. This AD also results from a report from the airplane 
manufacturer that airplanes were assembled with duct assemblies in the 
ECS wrapped with BMS 8-39 polyurethane foam insulation, a material of 
which the fire retardant properties deteriorate with age. We are 
issuing this AD to prevent a potential electrical arc from igniting the 
BMS 8-39 polyurethane foam insulation on the duct assemblies of the 
ECS, which could propagate a small fire and lead to a larger fire that 
might spread throughout the airplane through the ECS.

DATES: This AD becomes effective February 28, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of February 28, 
2008.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sue McCormick, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (303) 342-1082; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Boeing Model 
767-200 and 767-300 series airplanes. That NPRM was published in the 
Federal Register on June 19, 2007 (72 FR 33701). That NPRM proposed to 
require reworking certain duct assemblies in the environmental control 
system (ECS).

Comments

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

Support for the Proposed AD

    Boeing concurs with the requirements of this AD.

Request To Remove Airplane From the Proposed Applicability

    Hawaiian Airlines requests that we revise the proposed AD to remove 
one of its airplanes from the proposed applicability. Hawaiian states 
that the airplane came to them with two ducts installed in the affected 
area that do not have insulation installed on them. Each of these ducts 
has a part number not listed in Boeing Service Bulletin 767-21A0167, 
Revision 1, dated December 19, 2006. We referred to Boeing Service 
Bulletin 767-21A0167, Revision 1, as the appropriate source of service 
information for doing the actions specified in the proposed AD. 
Hawaiian quotes text from a Boeing message, in which Boeing confirms 
that the two subject duct assemblies do not need rework in accordance 
with the service bulletin because neither of the ducts assemblies are 
wrapped with Boeing Material Specification (BMS) 8-39 polyurethane foam 
insulation.

[[Page 4062]]

    We agree. We have verified that the subject airplane should not be 
subject to this AD for the reasons stated above. Therefore, we have 
revised the applicability of this final rule to remove the subject 
airplane from the applicability of this AD. We have also revised the 
Costs of Compliance section of this final rule to remove the cost for 
this airplane.

Request To Clarify Acceptable Compliance

    Hawaiian Airlines also requests that we revise the proposed AD to 
add language to clarify whether or not BMS 8-300 insulation must be 
installed on an affected duct. Hawaiian reiterates that it has one 
airplane with two ducts installed, which do not have any insulation 
installed.
    We do not agree that it is necessary to make the requested 
clarification. As stated previously, we have determined that the 
subject airplane is not subject to this AD. Therefore, we have made no 
change to the final rule in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously. We also determined that 
this change will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    There are about 129 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
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                                                                                                                          Number of U.S.-
                  Action                             Work hours            Average labor  Parts cost per   Average cost     registered     Average fleet
                                                                           rate per hour     airplane      per airplane      airplanes         cost
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Duct assembly rework......................  7, per duct (average 50                  $80          $4,955         $32,955              95      $3,130,725
                                             ducts per airplane).
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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 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 
adding the following new airworthiness directive (AD):

2008-02-16 Boeing: Amendment 39-15346. Docket No. FAA-2007-28375; 
Directorate Identifier 2007-NM-015-AD.

Effective Date

    (a) This AD becomes effective February 28, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model 767-200 and 767-300 series 
airplanes, certificated in any category; as identified in Boeing 
Service Bulletin 767-21A0167, Revision 1, dated December 19, 2006; 
excluding variable number VK031.

Unsafe Condition

    (d) This AD results from reports of duct assemblies in the 
environmental control system (ECS) with burned Boeing Material 
Specification (BMS) 8-39 polyurethane foam insulation. This AD also 
results from a report from the airplane manufacturer that airplanes 
were assembled with duct assemblies in the ECS wrapped with BMS 8-39 
polyurethane foam insulation, a material of which the fire retardant 
properties deteriorate with age. We are issuing this AD to prevent a 
potential electrical arc from igniting the BMS 8-39 polyurethane 
foam insulation on the duct assemblies or the ECS, which could 
propagate a small fire and lead to a larger fire that might spread 
throughout the airplane through the ECS.

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.

ECS Duct Assembly Rework

    (f) Except as provided by paragraph (g) of this AD, within 72 
months after the effective date of this AD, rework the duct 
assemblies in the ECS for the air distribution system at sections 
41, 45, and 46; the Gasper air system at sections 41, 43, 45, and 
46; the forward electronic and electrical (E/E) compartment air 
supply; and the instrument panel cooling supply; in accordance with 
the Accomplishment Instructions and Appendices A and B of Boeing 
Service Bulletin 767-21A0167, Revision 1, dated December 19, 2006.

[[Page 4063]]

Optional Part Installed

    (g) If an affected duct assembly having a part number other than 
part number 217T2109-12, or a part number other than any part number 
specified in the applicable figure of Boeing Service Bulletin 767-
21A0167, Revision 1, dated December 19, 2006, is found installed, 
and that part number is listed as an optional part number in the 
table in paragraph 3.B.2., ``Optional Part Table,'' of the 
Accomplishment Instructions of the service bulletin: No rework is 
required for that duct assembly only.

Parts Installation

    (h) As of the effective date of this AD, no person may install 
on any airplane an air distribution system, Gasper air system, 
forward E/E compartment air supply, or instrument panel cooling 
supply duct assembly with BMS 8-39 polyurethane foam insulation.

Alternative Methods of Compliance (AMOCs)

    (i)(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) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Material Incorporated by Reference

    (j) You must use Boeing Service Bulletin 767-21A0167, Revision 
1, dated December 19, 2006, to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 
98124-2207.
    (3) You may review copies of the service information 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at 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 14, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E8-972 Filed 1-23-08; 8:45 am]
BILLING CODE 4910-13-P