[Federal Register Volume 69, Number 212 (Wednesday, November 3, 2004)]
[Proposed Rules]
[Pages 63963-63965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24540]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19493; Directorate Identifier 2004-NM-69-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Boeing Model 767-200, -300, and -300F series airplanes. 
This proposed AD would require replacing the inboard fairing seal 
common to the vapor barrier seal of each strut assembly. This proposed 
AD is prompted by discovery during production that a section of vapor 
barrier seal was missing from the spar web cavities of the upper aft 
struts of both wings. We are proposing this AD to prevent flammable 
fluids from leaking onto parts of a hot exhaust system of a shut-down 
engine of an airplane on the ground, which could result in ignition of 
the flammable fluids and an uncontained fire. This could also lead to 
an emergency evacuation of the airplane and possible injury to 
passengers.

DATES: We must receive comments on this proposed AD by December 20, 
2004.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
    <bullet> By fax: (202) 493-2251.
    <bullet> 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-2004-19493; the directorate identifier for this docket is 
2004-NM-69-AD.

FOR FURTHER INFORMATION CONTACT:
    Technical information: Bernie Gonzalez, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone 
(425) 917-6498; fax (425) 917-6590.
    Plain language information: Marcia Walters, <a href="/cdn-cgi/l/email-protection#224f4350414b430c55434e56475051624443430c454d54"><span class="__cf_email__" data-cfemail="7a171b0819131b540d1b160e1f08093a1c1b1b541d150c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19493; 
Directorate Identifier 2004-NM-69-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,

[[Page 63964]]

business, labor union, etc.). You may review DOT's complete Privacy Act 
Statement in the Federal Register published on April 11, 2000 (65 FR 
19477-78), or you may visit http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.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 DMS receives them.

Discussion

    We have received a report indicating that, during production, the 
manufacturer discovered that a section of vapor barrier seal was 
missing from the spar web cavities of the left and right upper aft 
struts on certain Boeing Model 767-200, -300, and -300F series 
airplanes. The vapor barrier is intended to contain a major spray-type 
fluid leak and direct the fluid through the upper aft spar web 
environmental control system penetration and the strut drain system. 
The existing seal lengths do not completely seal the cavity, which 
results in a gap that could potentially allow vapors and/or fluids to 
escape. A major fluid leak (e.g., fuel/Skydrol) may overwhelm the 
drainage provisions for the compartment, filling the compartment and 
leaking out of the gap. The FAA and Boeing have agreed that, for 
airplanes in flight and on the ground with the engines running, the 
fluid can escape safely. However, if an airplane is on the ground with 
the engines shut down, we are concerned that flammable fluids could 
leak onto parts of a hot exhaust system of a shut-down engine directly 
below the missing seal area. This could result in ignition of the 
flammable fluids and an uncontained fire that could also lead to an 
emergency evacuation of the airplane and possible injury to passengers.

Relevant Service Information

    We have reviewed Boeing Service Bulletin 767-54-0107, Revision 1, 
dated December 18, 2003. The service bulletin describes procedures for 
replacing the inboard fairing seal common to the vapor barrier seal of 
each strut assembly with a new seal. 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 you to replace the inboard fairing seal common to the 
vapor barrier seal of each strut assembly with a new seal. The proposed 
AD would require you to use the service information described 
previously to perform this action.

Costs of Compliance

    This proposed AD would affect about 311 airplanes of U.S. registry 
and 756 airplanes worldwide. The proposed actions would take about 4 
work hours per airplane, at an average labor rate of $65 per work hour. 
Required parts would cost about $185 per airplane. Based on these 
figures, the estimated cost of the proposed AD for U.S. operators is 
$138,395, or $445 per airplane.

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-2004-19493; Directorate Identifier 2004-NM-
69-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this AD action by December 20, 2004.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, and -300F 
series airplanes, equipped with General Electric and Pratt and 
Whitney engines; as listed in Boeing Service Bulletin 767-54-0107, 
Revision 1, dated December 18, 2003; certificated in any category.

Unsafe Condition

    (d) This AD was prompted by discovery during production that a 
section of vapor barrier seal was missing from the spar web cavities 
of the upper aft struts of both wings. We are issuing this AD to 
prevent flammable fluids from leaking onto parts of a hot exhaust 
system of a shut-down engine of an airplane on the ground, which 
could result in ignition of the flammable fluids and an uncontained 
fire. This could also lead to an emergency evacuation of the 
airplane and possible injury to passengers.

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.

Installation of Seal

    (f) Within 60 months after the effective date of this AD, 
replace the inboard fairing seal common to the vapor barrier seal of 
each strut assembly with a new inboard fairing seal in accordance 
with the Accomplishment Instructions of Boeing Service Bulletin 767-
54-0107, Revision 1, dated December 18, 2003.

Seal Installations Accomplished per Previous Issue of Service Bulletin

    (g) Seal installations accomplished in accordance with the 
Accomplishment

[[Page 63965]]

Instructions of Boeing Service Bulletin 767-54-0107, dated January 
16, 2003, are considered acceptable for compliance with the 
corresponding action specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, Seattle Aircraft Certification Office, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.

    Issued in Renton, Washington, on October 21, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-24540 Filed 11-2-04; 8:45 am]
BILLING CODE 4910-13-P


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