[Federal Register: June 7, 2005 (Volume 70, Number 108)]
[Rules and Regulations]
[Page 32996-32998]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn05-8]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19990; Directorate Identifier 2004-NM-199-AD;
Amendment 39-14114; AD 2005-11-12]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-200, -300, and -300F
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, -300, and -300F series airplanes. This AD
requires installing a new, improved foam seal around certain ducts in
the forward cargo compartment. This AD is prompted by the detection of
incorrectly installed smoke barrier seals around the electrical/
electronic equipment air supply and exhaust ducts. We are issuing this
AD to prevent fire extinguishing agent from leaking out of the seals
around the ducts in the forward cargo compartment in the event of an
in-flight fire, which could result in failure to extinguish the fire
and consequent smoke or fire extinguishing agent entering a compartment
occupied by passengers or crew.
DATES: This AD becomes effective July 12, 2005.
The incorporation by reference of a certain publication listed in
the AD is approved by the Director of the Federal Register as of July
12, 2005.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
Docket: The AD docket contains the proposed AD, comments, and any
final disposition. 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 U.S.
Department of Transportation, 400 Seventh Street, SW., room PL-401,
[[Page 32997]]
Washington, DC. This docket number is FAA-2004-19990; the directorate
identifier for this docket is 2004-NM-199-AD.
FOR FURTHER INFORMATION CONTACT: Barbara Mudrovich, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056; telephone (425) 917-6477; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39
with an AD for certain Boeing Model 767-200, -300, and -300F series
airplanes. That action, published in the Federal Register on January 5,
2005 (70 FR 727), proposed to require installing a new, improved foam
seal around certain ducts in the forward cargo compartment.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
submitted on the proposed AD. Two commenters concur with the proposed
AD.
Request To Change Costs of Compliance Section
One commenter estimates that the proposed modification of the foam
seals requires approximately 3.5 work hours per airplane, at a cost of
$22,220 for its fleet. The commenter notes that it has accomplished the
modification on all of its fleet. A second commenter estimates that the
required work hours for the proposed AD would be 4.5 work hours per
airplane, as specified in the referenced service information, at an
estimated cost of $292.50 per airplane.
We infer that the commenters are asking that the work hour estimate
specified in the ``Costs of Compliance'' section be increased. We do
not agree. The cost impact figures discussed in AD rulemaking actions
represent only the time necessary to perform the specific actions
actually required by the AD. This AD requires installing a new,
improved foam seal around certain ducts in the forward cargo
compartment. We recognize that in accomplishing the requirements of any
AD, operators may incur incidental costs in addition to the direct
costs. However, the cost analysis in AD rulemaking actions typically
does not include incidental costs, such as the time required to gain
access and close up, planning time, or time necessitated by other
administrative actions. Because incidental costs may vary significantly
from operator to operator, they are almost impossible to calculate. We
have made no change to the AD in this regard.
Conclusion
We have carefully reviewed the available data, including the
comments that have been submitted, and determined that air safety and
the public interest require adopting the AD as proposed.
Costs of Compliance
There are about 468 airplanes of the affected design in the
worldwide fleet. This AD affects about 342 airplanes of U.S. registry.
For Group 1 and 2 airplanes: The foam seal installation around the
cooling air supply and exhaust ducts takes about 2 work hours per
airplane, at an average labor rate of $65 per work hour. The cost of
parts is minimal. Based on these figures, the estimated cost of the
installation is $130 per airplane.
For Group 2 airplanes: The foam seal installation around the
avionics cooling and refrigeration unit duct takes about 2 work hours
per airplane, at an average labor rate of $65 per work hour. The cost
of parts is minimal. Based on these figures, the estimated cost of the
installation is $130 per airplane.
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. 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 FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2005-11-12 Boeing: Amendment 39-14114. Docket No. FAA-2004-19990;
Directorate Identifier 2004-NM-199-AD.
Effective Date
(a) This AD becomes effective July 12, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 767-200, -300, and -300F
series airplanes, certificated in any category; as identified in
Boeing Alert Service Bulletin 767-26A0119, Revision 1, dated July
15, 2004.
Unsafe Condition
(d) This AD was prompted by the detection of incorrectly
installed smoke barrier seals around the electrical/electronic
equipment air supply and exhaust ducts. We are issuing this AD to
prevent fire extinguishing agent from leaking out of the seals
around the ducts in the forward cargo compartment in the event of an
in-flight fire, which could result in failure to extinguish the fire
and consequent smoke or fire extinguishing agent entering a
compartment occupied by passengers or crew.
[[Page 32998]]
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.
Seal Installation
(f) Within 24 months or 8,000 flight hours after the effective
date of this AD, whichever is first: Do the applicable actions
required by paragraphs (f)(1) and (f)(2) of this AD by doing all the
actions specified in the Accomplishment Instructions of Boeing Alert
Service Bulletin 767-26A0119, Revision 1, dated July 15, 2004.
(1) For Group 1 and 2 airplanes: Install a foam seal around the
four cooling air supply and exhaust ducts in the electrical/
electronic equipment bay in the forward cargo compartment.
(2) For Group 2 airplanes: Install a foam seal around the
avionics cooling and refrigeration unit duct in the forward cargo
compartment.
Credit for Actions Accomplished Previously
(g) Accomplishing the applicable actions before the effective
date of this AD in accordance with Boeing Alert Service Bulletin
767-26A0119, dated April 19, 2001, is considered acceptable for
compliance with the corresponding actions in paragraph (f)(1) of
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 in
accordance with the procedures found in 14 CFR 39.19.
Material Incorporated by Reference
(i) You must use Boeing Alert Service Bulletin 767-26A0119,
Revision 1, dated July 15, 2004, to perform the actions that are
required by this AD, unless the AD specifies otherwise. The Director
of the Federal Register approves the incorporation by reference of
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
To get copies of the service information, contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. To view
the AD docket, go to the Docket Management Facility, U.S. Department
of Transportation, 400 Seventh Street SW., room PL-401, Nassif
Building, Washington, DC. To review copies of the service
information, go to the National Archives and Records Administration
(NARA). For information on the availability of this material at the
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 May 26, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-11058 Filed 6-6-05; 8:45 am]
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