[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Rules and Regulations]
[Pages 38893-38895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15371]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0673; Directorate Identifier 2008-NM-117-AD; 
Amendment 39-15606; AD 2008-14-11]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 777-200, -200LR, -300, and 
-300ER Series Airplanes Approved for Extended-Range Twin-Engine 
Operational Performance Standards (ETOPS)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Boeing Model 777-200, -200LR, -300, and -300ER series airplanes. This 
AD requires a one-time inspection to determine the part number of the 
cargo compartment fire suppression filter/regulator. This AD also 
requires, for certain airplanes, a revision of the ``Maximum Diversion 
Time in Minutes'' for ETOPS operation specified in the Operations 
Specifications. For certain airplanes, this AD also provides for 
optional replacement of the cargo compartment fire suppression filter/
regulator, which would allow revision of the ``Maximum Diversion Time 
in Minutes'' for ETOPS operation specified in the Operations 
Specifications to restore the airplane's full ETOPS capability. This AD 
results from a report that the filter/regulator installed in the cargo 
fire suppression system did not meter the Halon for the certified 
duration during ETOPS flight tests. We are issuing this AD to prevent 
ETOPS operation with insufficient cargo fire suppression capability, 
which could result in an uncontained fire in the cargo compartment.

DATES: This AD is effective July 23, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 23, 
2008.
    We must receive comments on this AD by September 8, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    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; 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 street address for the Docket 
Office (telephone 800-647-5527) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Robert Hettman, 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) 917-6457; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    This AD results from a report that the filter/regulator installed 
in the cargo fire suppression system did not meter the Halon for the 
certified duration during extended-range twin-engine operational 
performance standards (ETOPS) flight tests conducted by Boeing. Results 
of an investigation by the filter/regulator supplier, Kidde Aerospace, 
showed that an incorrect test adapter was used during the calibration 
procedure to set the filter/regulator flow rate. The incorrect test 
adapter affected the calibrated flow rate setting, allowing the Halon 
to flow too fast, resulting in less cargo fire suppression duration. It 
is

[[Page 38894]]

uncertain how many cargo compartment fire suppression filters/
regulators were delivered with the incorrect calibration. To date, we 
have received no reports of in-service events related to this issue.
    ETOPS operation with insufficient cargo fire suppression 
capability, if not corrected, could result in an uncontained fire in 
the cargo compartment.

Relevant Service Information

    We reviewed Boeing Special Attention Service Bulletin 777-26-0044, 
dated April 24, 2008; and Revision 1, dated June 19, 2008 (for Model 
777-200, -300, and -300ER series airplanes). The service bulletins 
describe procedures for replacing the fire suppression filter/regulator 
with a new filter/regulator, which restores the fire suppression 
capability to the certified duration and allows the operator to resume 
flights at the airplane's full ETOPS capability.

FAA's Determination and Requirements of This AD

    We are issuing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the(se) same type 
design(s). This AD requires a one-time inspection to determine the part 
number of the cargo compartment fire suppression filter/regulator. This 
AD also requires, for certain airplanes, a revision of the ``Maximum 
Diversion Time in Minutes'' for ETOPS operation specified in the 
Operations Specifications. For certain airplanes, this AD also provides 
for optional replacement of the cargo compartment fire suppression 
filter/regulator, which would allow revision of the ``Maximum Diversion 
Time in Minutes'' for ETOPS operation specified in the Operations 
Specifications to restore the airplane's full ETOPS capability.

FAA's Justification and Determination of the Effective Date

    An uncontained fire in the cargo compartment, especially during an 
ETOPS flight where alternate airports may not be available, is a 
critical safety risk. Because of our requirement to promote safe flight 
of civil aircraft and thus, the critical need to assure the proper 
functioning of the fire suppression system in the cargo compartment and 
the short compliance time involved with this action, this AD must be 
issued immediately.
    Because an unsafe condition exists that requires the immediate 
adoption of this AD, we find that notice and opportunity for prior 
public comment hereon are impracticable and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2008-0673; Directorate Identifier 2008-NM-117-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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

    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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 FAA amends Sec.  39.13 by adding the following new AD:

2008-14-11 Boeing: Amendment 39-15606. Docket No. FAA-2008-0673; 
Directorate Identifier 2008-NM-117-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective July 23, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 777-200, -200LR, -300, and -
300ER series airplanes, certificated in any category; approved for 
extended-range twin-engine operational performance standards 
(ETOPS).

Unsafe Condition

    (d) This AD results from a report that the filter/regulator 
installed in the cargo fire suppression system did not meter the 
Halon for the certified duration during ETOPS flight tests. We are 
issuing this AD to prevent ETOPS operation with insufficient cargo 
fire suppression capability, which could result in an uncontained 
fire in the cargo compartment.

Compliance

    (e) Comply with this AD within the compliance times specified, 
unless already done.

Inspection To Determine Part Number of the Filter/Regulator

    (f) Within 30 days after the effective date of this AD, inspect 
the filter/regulator for the

[[Page 38895]]

fire suppression system in the lower cargo compartment to determine 
whether a Kidde Aerospace filter/regulator having a part number 
identified in Table 1 of this AD is installed. A review of airplane 
maintenance records is acceptable in lieu of this inspection if the 
part number of the filter/regulator can be conclusively determined 
from that review.

         Table 1.--Applicable Kidde Aerospace Filters/Regulators
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                 Model                      Filter/Regulator Part No.
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(1) 777-200 and -200LR series airplanes  473494-1, -2, or -3; or 473995-
                                          1, -2, or -3.
(2) 777-300 and 777-300ER series         473857-1, -2, or -3.
 airplanes.
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Revision of the Operations Specifications

    (g) Except as provided in paragraph (i) of this AD, if a Kidde 
Aerospace cargo compartment fire suppression filter/regulator 
identified in Table 1 of this AD is found installed during the 
inspection or records check required by paragraph (f) of this AD: 
Before further flight after doing the inspection or records check 
required by paragraph (f) of this AD, revise the ``Maximum Diversion 
Time In Minutes,'' specified in the FAA-approved Operations 
Specifications, Document D086, in accordance with the applicable 
instructions contained in Boeing Model 777 ETOPS Configuration, 
Maintenance, and Procedures, Document D044W054, Revision K, dated 
June 12, 2008.

Optional Replacement of the Filter/Regulator for Certain Airplanes

    (h) For Model 777-200, -300, and -300ER series airplanes: Once 
the cargo compartment fire suppression filter/regulator has been 
replaced with a new or serviceable filter/regulator in accordance 
with the Accomplishment Instructions of Boeing Special Attention 
Service Bulletin 777-26-0044, dated April 24, 2008; or Revision 1, 
dated June 19, 2008; the ``Maximum Diversion Time In Minutes,'' 
specified in the FAA-approved Operations Specifications, Document 
D086, may be revised in accordance with the applicable instructions 
contained in Boeing Model 777 ETOPS Configuration, Maintenance, and 
Procedures, Document D044W054, Revision K, dated June 12, 2008, to 
restore the airplane's full ETOPS capability.

Exception to Operations Specifications Revision

    (i) The revision to the Operations Specifications specified in 
paragraph (g) of this AD is not required if, before further flight 
after a Kidde Aerospace cargo compartment fire suppression filter/
regulator identified in Table 1 of this AD is found installed on any 
airplane, the filter/regulator replacement described in paragraph 
(h) of this AD is accomplished.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, ATTN: Robert Hettman, Cabin Safety and Environmental Systems 
Branch, ANM-150S, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6457; fax (425) 917-6590; has the 
authority to approve AMOCs for this AD, if requested using 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

    (k) You must use Boeing Model 777 ETOPS Configuration, 
Maintenance, and Procedures, Document D044W054, Revision K, dated 
June 12, 2008, to do the actions required by this AD, unless the AD 
specifies otherwise. If you accomplish the optional actions 
specified by this AD, you must use Boeing Special Attention Service 
Bulletin 777-26-0044, dated April 24, 2008; or Boeing Special 
Attention Service Bulletin 777-26-0044, Revision 1, dated June 19, 
2008; as applicable; to do those actions, unless the AD specifies 
otherwise. (The revision date of Boeing Model 777 ETOPS 
Configuration, Maintenance, and Procedures, Document D044W054, 
Revision K, is located on the last page of the document; no other 
page of this document contains the revision date.)
    (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 June 25, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-15371 Filed 7-7-08; 8:45 am]
BILLING CODE 4910-13-P