[Federal Register Volume 72, Number 89 (Wednesday, May 9, 2007)]
[Rules and Regulations]
[Pages 26285-26287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8767]



[[Page 26285]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21748; Directorate Identifier 2005-NM-071-AD; 
Amendment 39-15044; AD 2007-10-03]
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 adopting a new airworthiness directive (AD) for 
certain Boeing Model 767-200 and -300 series airplanes. For certain 
airplanes, this AD requires repetitive inspections for discrepancies of 
the tube assemblies and insulation of the metered fire extinguisher 
system and the bleed air duct couplings of the auxiliary power unit 
(APU) located in the aft cargo compartment, and corrective actions if 
necessary. For certain other airplanes, this AD requires a one-time 
inspection for sufficient clearance between the fire extinguishing tube 
and the APU bleed air duct in the aft cargo compartment, and 
modification if necessary. This AD also requires an inspection for 
signs of chafing and to verify sufficient clearance between the fire 
extinguisher system and the bleed air duct couplings of the APU. This 
AD results from one report indicating that an operator found a hole in 
the discharge tube assembly for the metered fire extinguishing system; 
and another report indicating that an operator found chafing of the 
fire extinguishing tube against the APU duct that resulted in a crack 
in the tube. We are issuing this AD to prevent fire extinguishing agent 
from leaking out of the tube assembly in the aft cargo compartment 
which, in the event of a fire in the aft cargo compartment, could 
result in an insufficient concentration of fire extinguishing agent, 
and consequent inability of the fire extinguishing system to suppress 
the fire.

DATES: This AD becomes effective June 13, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of June 13, 2007.

ADDRESSES: You may examine the 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., 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: Marcia Smith, 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) 917-6484; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

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 street address stated in the 
ADDRESSES section.

Discussion

    The FAA issued a supplemental 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 -300 series airplanes. That supplemental NPRM 
was published in the Federal Register on June 7, 2006 (71 FR 32873). 
For certain airplanes, that supplemental NPRM proposed to require 
repetitive inspections for discrepancies of the tube assemblies and 
insulation of the metered fire extinguisher system and the bleed air 
duct couplings of the auxiliary power unit (APU) located in the aft 
cargo compartment; and corrective actions if necessary. For certain 
other airplanes, that supplemental NPRM proposed to require a one-time 
inspection for sufficient clearance between the fire extinguishing tube 
and the APU bleed air duct in the aft cargo compartment, and 
modification if necessary. That supplemental NPRM also proposed to 
require an inspection for signs of chafing and to verify sufficient 
clearance between the fire extinguisher system and the bleed air duct 
couplings of the APU.

Comments

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

Request To Refer to Latest Revision of Service Bulletin

    Boeing, the Air Transport Association (ATA), on behalf of American 
Airlines, and Japan Airlines ask that we refer to Boeing Service 
Bulletin 767-26A0130, Revision 2, dated October 31, 2006, in the final 
rule. We referred to Revision 1 of the service bulletin dated December 
15, 2005, as the appropriate source of service information for doing 
certain actions specified in the supplemental NPRM. Japan Airlines 
states that Revision 1 includes incorrect requirements, and asks that 
Revision 2 be included in the final rule to correct the specified 
requirements. Japan Airlines adds that if the final rule is issued 
before issuance of Revision 2 of the service bulletin, the mistakes 
(included in Japan Airlines comments) should be corrected in the final 
rule. Boeing states that inclusion of Revision 2 will avoid issuance of 
a future supplemental NPRM. American Airlines indicates that Boeing 
provided it with information acknowledging that Revision 1 would be 
revised and released in the second quarter of 2006. American Airlines 
recommends that Revision 2 refer to the APU duct couplings only, not 
both the APU duct and the APU duct couplings.
    We agree to refer to Revision 2 of the service bulletin in 
paragraph (f)(1) of the AD. Revision 2 does the following:
    <bullet> Corrects certain station numbers.
    <bullet> Adds clarification procedures for moving the fire 
extinguisher tube, and clarifies the inspection and repair of the fire 
extinguisher tube.
    <bullet> Clarifies certain procedures specified in Figures 3 
through 12, 15, and 16.
    <bullet> Adds Figures 19 and 20 to clarify clamp removal and 
installation.
    <bullet> Adds manpower requirements for Figures 19 and 20.
    Revision 2 also refers to the APU duct couplings instead of both 
the APU duct and the APU duct couplings in certain sections of the 
Accomplishment Instructions. We have revised the AD to refer to 
Revision 2 of the service bulletin as the appropriate source of service 
information for doing certain actions. We have also revised paragraph 
(g) of this AD to add credit for actions done before the effective date 
of this AD in accordance with Boeing Alert Service Bulletin 767-
26A0130, Revision 1, dated December 15, 2005. We acknowledge that there 
were errors in certain procedures specified in Revision 1, but those 
errors did not prevent accomplishing the inspections and any applicable 
corrective actions in a manner that would address the identified unsafe 
condition.

[[Page 26286]]

Request to Change Note 1

    The ATA, on behalf of its member Delta Airlines, asks that Note 1 
of the supplemental NPRM be changed to omit the revision level of 
Boeing Service Bulletin 767-26-0118, Revision 2, dated December 21, 
2004, so it matches the reference to Boeing Alert Service Bulletin 767-
26A0123.
    We partially agree with the request. In Note 1 of the supplemental 
NPRM Boeing Alert Service Bulletin 767-26A0123, without a date or 
revision level, referred to Boeing Service Bulletin 767-26-0118, 
Revision 2, dated December 21, 2004, as the appropriate source of 
service information for accomplishing the modification of the fire 
extinguishing tube assembly. Since the AD must specify a revision level 
and date in the requirements, in lieu of removing the revision level 
and date for Boeing Service Bulletin 767-26-0118, we have removed Note 
1 and added a new paragraph (f)(2)(ii) to the AD. Paragraph (f)(2)(ii) 
requires accomplishing the modification of the fire extinguishing tube 
assembly in accordance with Boeing Service Bulletin 767-26-0118, 
Revision 2, dated December 21, 2004. We have also added a new paragraph 
(h) to this AD (and re-identified subsequent paragraphs) to include 
credit for previously accomplishing the actions specified in Boeing 
Service Bulletin 767-26-0118, dated June 20, 2002, or Revision 1, dated 
October 3, 2002.

Clarification Made to This AD

    We have changed paragraph (f)(1) of this AD to clarify the station 
numbers for the fire extinguishing tube assemblies. Paragraph (f)(1) of 
the supplemental NPRM proposed to require performing detailed and 
general visual inspections for discrepancies of the fire extinguishing 
tube assemblies between STA 1197 and STA 1340. Those station numbers 
were incorrectly specified in the Summary section of Revision 1 of the 
service bulletin. However, paragraph (f)(1) specifies doing the actions 
in accordance with the Accomplishment Instructions of the service 
bulletin, and the correct station numbers (STA 1140 and STA 1340) are 
specified in the Accomplishment Instructions of both Revisions 1 and 2 
of the referenced service bulletin. We inadvertently specified STA 1197 
in paragraph (f)(1), and we have corrected that error accordingly.

Conclusion

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

Costs of Compliance

    There are about 749 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
                                               Average                       Cost per      U.S.-
            Action               Work hours   labor rate       Parts         airplane    registered   Fleet cost
                                               per hour                                  airplanes
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Inspection in Service Bulletin            1          $80  None...........          $80          292      $23,360
 767-26A0123.
Inspection in Service Bulletin            5           80  None...........          400          292      116,800
 767-26A0130, Revision 2.
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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):

2007-10-03 Boeing: Amendment 39-15044. Docket No. FAA-2005-21748; 
Directorate Identifier 2005-NM-071-AD.

Effective Date

    (a) This AD becomes effective June 13, 2007.

Affected ADs

    (b) None.

[[Page 26287]]

Applicability

    (c) This AD applies to Boeing Model 767-200 and -300 series 
airplanes; certificated in any category; with a metered fire 
extinguisher system in the aft cargo compartment.

Unsafe Condition

    (d) This AD was prompted by one report indicating that an 
operator found a hole in the discharge tube assembly for the metered 
fire extinguishing system; and another report indicating that an 
operator found chafing of the fire extinguishing tube against the 
auxiliary power unit (APU) duct that resulted in a crack in the 
tube. We are issuing this AD to prevent fire extinguishing agent 
from leaking out of the tube assembly in the aft cargo compartment 
which, in the event of a fire in the aft cargo compartment, could 
result in an insufficient concentration of fire extinguishing agent, 
and consequent inability of the fire extinguishing system to 
suppress the fire.

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.

Inspections and Corrective Actions

    (f) Within 24 months or 8,000 flight hours after the effective 
date of this AD, whichever is first: Accomplish the actions required 
by paragraphs (f)(1) and (f)(2) of this AD, as applicable.
    (1) For airplanes identified in Boeing Service Bulletin 767-
26A0130, Revision 2, dated October 31, 2006: Perform detailed and 
general visual inspections for discrepancies of the fire 
extinguishing tube assemblies between station (STA) 1140 and STA 
1340, and the insulation of the metered fire extinguisher system and 
the bleed air duct couplings of the APU located in the aft cargo 
compartment, and any applicable corrective actions, by doing all the 
applicable actions specified in the Accomplishment Instructions of 
Boeing Service Bulletin 767-26A0130, Revision 2, dated October 31, 
2006. Do all applicable corrective actions before further flight in 
accordance with the service bulletin. Repeat the inspections 
thereafter at intervals not to exceed 24 months or 8,000 flight 
hours, whichever is first. Installation of the tube assembly in the 
correct location, in accordance with the service bulletin, 
terminates the repetitive inspections for that assembly only.
    (2) For airplanes identified in Boeing Alert Service Bulletin 
767-26A0123, dated August 22, 2002: Accomplish the actions required 
by paragraphs (f)(2)(i) and (f)(2)(ii) of this AD, as applicable.
    (i) Perform a general visual inspection for sufficient clearance 
between the fire extinguishing tube and the APU duct on the left 
sidewall from STA 1355 through 1365 inclusive, and do all applicable 
modifications, by doing all the actions specified in the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
26A0123, dated August 22, 2002. Do all applicable modifications 
before further flight.
    (ii) If there is insufficient clearance between the fire 
extinguishing tube and the APU duct: Before further flight, 
accomplish the modification of the fire extinguishing tube assembly 
by doing all the actions specified in the Accomplishment 
Instructions of Boeing Service Bulletin 767-26-0118, Revision 2, 
dated December 21, 2004. Accomplishing the modification in this 
paragraph terminates the repetitive inspections for that assembly 
only.

Credit for Actions Accomplished Previously

    (g) Accomplishing the inspections and corrective actions 
required by paragraph (f)(1) of this AD before the effective date of 
this AD, in accordance with Boeing Alert Service Bulletin 767-
26A0130, dated December 2, 2004, or Revision 1, dated December 15, 
2005; is considered acceptable for compliance with the corresponding 
actions in paragraph (f)(1) of this AD.
    (h) Accomplishing the actions required by paragraph (f)(2)(ii) 
of this AD before the effective date of this AD, in accordance with 
Boeing Service Bulletin 767-26-0118, dated June 20, 2002, or 
Revision 1, dated October 3, 2002; is considered acceptable for 
compliance with the corresponding actions in paragraph (f)(2)(ii) of 
this AD for accomplishing the modification of the fire extinguishing 
tube assembly.

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) 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

    (j) You must use Boeing Service Bulletin 767-26A0130, Revision 
2, dated October 31, 2006; Boeing Alert Service Bulletin 767-
26A0123, dated August 22, 2002; and Boeing Service Bulletin 767-26-
0118, Revision 2, dated December 21, 2004; as applicable; 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 these documents 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 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on April 30, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-8767 Filed 5-8-07; 8:45 am]
BILLING CODE 4910-13-P