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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2011-1063; Directorate Identifier 2011-NM-080-AD; Amendment 39-16918; AD 2012-01-06]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Final rule.
 SUMMARY: We are adopting a new airworthiness directive (AD) for certain Model 767-200 and 767-300 series airplanes. This AD was prompted by reports of water accumulation in the forward lower lobe of the forward cargo compartment. This AD requires installing cargo bulkhead supports, ceiling supports, a secondary dam support, drainage tubing, and ceiling panels to the forward lower lobe in the forward cargo compartment. We are issuing this AD to prevent water from accumulating in the forward lower lobe of the forward cargo compartment and entering the adjacent electronic equipment bay, which could result in an electrical short and the potential loss of several functions essential for safe flight.
 DATES: This AD is effective February 29, 2012. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of February 29, 2012.
 ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; phone: (206) 544-5000, extension 1; fax: (206) 766-5680; email: 
                        *me.boecom@boeing.com*; Internet: 
                        *https://www.myboeingfleet.com.*
                         You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call (425) 227-1221. 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 (phone: (800) 647-5527) is 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: Francis Smith, Aerospace Engineer, Cabin Safety & Environmental Systems Branch, ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: (425) 917-6596; 
                        ( print page 3588)
                        fax: (425) 917-6590; email: 
                        *Francis.Smith@faa.gov*.


SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM published in the 
                    **Federal Register**
                     on October 11, 2011 (76 FR 62661). That NPRM was proposed to require installing cargo bulkhead supports, ceiling supports, a secondary dam support, drainage tubing, and ceiling panels to the forward lower lobe in the forward cargo compartment. Comments We gave the public the opportunity to participate in developing this AD. We have considered the comment received. Boeing supports the NPRM (76 FR 62661, October 11, 2011). Conclusion We reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting the AD as proposed, except for minor editorial changes. We have determined that these minor changes: Are consistent with the intent that was proposed in the NPRM (76 FR 62661, October 11, 2011) for correcting the unsafe condition; and
                Do not add any additional burden upon the public than was already proposed in the NPRM (76 FR 62661, October 11, 2011). Costs of Compliance We estimate that this proposed AD affects 1 airplane of U.S. registry. We estimate the following costs to comply with this proposed AD: Estimated Costs
Action
Labor cost
Parts cost
Cost per product
Cost on U.S. 
                             operatorsInstallation
16 work-hours × $85 per hour = $1,360 per installation
Up to $27,077
Up to $28,437
Up to $28,437.
 According to the manufacturer, some of the costs of this proposed AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate. 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), (3) Will not affect intrastate aviation in Alaska, and (4) 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. List of Subjects in 14 CFR Part 39 Air transportation
Aircraft
Aviation safety
Incorporation by reference
Safety
 Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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. § 39.13
 2.The FAA amends § 39.13 by adding the following new airworthiness directive (AD): **2012-01-06 The Boeing Company:**
                             Amendment 39-16918; Docket No. FAA-2011-1063; Directorate Identifier 2011-NM-080-AD. (a) Effective Date This AD is effective February 29, 2012. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model 767-200 and 767-300 series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 767-25A0505, dated January 14, 2011. (d) Subject Joint Aircraft System Component (JASC)/Air Transport Association (ATA) of America Code 25: Equipment and Furnishings. (e) Unsafe Condition This AD was prompted by reports of water accumulation in the forward lower lobe of the forward cargo compartment. We are issuing this AD to prevent water from accumulating in the forward lower lobe of the forward cargo compartment and entering the adjacent electronic equipment bay, which could result in an electrical short and the potential loss of several functions essential for safe flight. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retrofit Installation of Drainage Tubing and Support Structure Within 24 months after the effective date of this AD: Install cargo bulkhead supports, right-side ceiling supports, left-side ceiling supports, a secondary dam support, drainage tubing, and ceiling panels, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 767-25A0505, dated January 14, 2011.
                            ( print page 3589) (h) Alternative Methods of Compliance (AMOCs) (1) 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. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD. Information may be emailed to: 
                            *9-ANM-Seattle-ACO-AMOC-Requests@faa.gov*. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (i) Related Information For more information about this AD, contact Francis Smith, Aerospace Engineer, Cabin Safety & Environmental Systems Branch, ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: (425) 917-6596; fax: (425) 917-6590; email: 
                            *Francis.Smith@faa.gov*. (j) Material Incorporated by Reference (1) You must use the following service information to do the actions required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference (IBR) of the following service information under 5 U.S.C. 552(a) and 1 CFR part 51: (i) Boeing Alert Service Bulletin 767-25A0505, dated January 14, 2011. (2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; phone: (206) 544-5000, extension 1; fax: (206) 766-5680; email: 
                            *me.boecom@boeing.com*; Internet: 
                            *https://www.myboeingfleet.com.* (3) You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call (425) 227-1221. (4) You may also review copies of the service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at an NARA facility, 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 6, 2012. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service.


[FR Doc. 2012-838 Filed 1-24-12; 8:45 am] BILLING CODE 4910-13-P