FR Doc 05-13139

[Federal Register: July 5, 2005 (Volume 70, Number 127)]
[Proposed Rules]
[Page 38632-38636]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jy05-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21713; Directorate Identifier 2005-NM-085-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 767-400ER Series
Airplanes; and Model 777-200 and -300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Model 767-400ER series airplanes; and Model 777-200 and -
300 series airplanes. This proposed AD would require, for certain
airplanes, repetitive testing of the fill and safety fittings of the
fire extinguishing bottles in the forward cargo compartment for leaks;
and repetitive application of a corrosion inhibiting compound (CIC) or
replacement of the fire extinguishing bottles with reworked fire
extinguishing bottles, as necessary. For all airplanes, this proposed
AD would require replacement of the fire extinguishing bottles with
reworked fire extinguishing bottles, which would end the repetitive
tests and CIC applications if applicable. This proposed AD is prompted
by failure of the safety fittings for the fire extinguishing bottles.
We are proposing this AD to prevent failure of the safety fittings for
the fire extinguishing bottles due to corrosion, which could result in
leakage of extinguishing agent. If a fire occurs in the cargo bay, the
fire extinguishing bottles could have less than enough extinguishing
agent to control a fire.

DATES: We must receive comments on this proposed AD by August 19, 2005.

ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow

the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your

comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401,
Washington, DC 20590.
By fax: (202) 493-2251.
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-2005-21713; the directorate identifier for this docket is
2005-NM-085-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:

Comments Invited

We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-21713;
Directorate Identifier 2005-NM-085-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, business, labor union,
etc.). You can review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit http://dms.dot.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 Docket Management System
(DMS) receives them.

Discussion

We have received a report indicating that failed safety fittings of
the fire extinguishing bottles for the forward cargo compartment were
found during fleet inspection of Model 777 series airplanes.
Investigation revealed that corrosion of the burst disc inside the
safety fitting caused failure of the safety fittings. This condition,
if not corrected, could result in leakage of fire extinguishing agent.
If a fire occurs in the cargo bay, the fire extinguishing bottles could
have less than enough extinguishing agent to control a fire.
Fire extinguishing bottles having a certain part number on certain
Model 767-400ER series airplanes are identical to those on the affected
777-200 and -300 series airplanes. Therefore, all of

[[Page 38633]]

these models may be subject to the same unsafe condition.

Relevant Service Information

We have reviewed the following service bulletins:

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Boeing model- Service bulletin Date
----------------------------------------------------------------------------------------------------------------
767-400ER series airplanes.............. Boeing Special Attention December 5, 2002.
Service Bulletin 767-26-0124.
Boeing Special Attention January 22, 2004.
Service Bulletin 767-26-0125..
777-200 and -300 series airplanes....... Boeing Special Attention December 5, 2002.
Service Bulletin 777-26-0033.
Boeing Service Bulletin 777-26- July 1, 2004.
0034, Revision 1.
----------------------------------------------------------------------------------------------------------------

For certain airplanes, Boeing Special Attention Service Bulletin
767-26-0124 and 777-26-0033 describe the following procedures:
Repetitively testing the fill and safety fittings of the
fire extinguishing bottles in the forward cargo compartment for leaks.
If no leak is found or if the leak rate is below the
calibrated rate specified in the service bulletin, applying a corrosion
inhibiting compound (CIC) to the burst disc of the safety fitting and
reidentifying the fire extinguishing bottle.
If any leak above the calibrated rate specified in the
service bulletin is found, replacing and reidentifying the fire
extinguishing bottle.
Boeing Special Attention Service Bulletin 767-26-0125 and Boeing
Service Bulletin 777-26-0034 describe procedures for replacing the
existing fire extinguishing bottles with reworked fire extinguishing
bottles. Accomplishing the replacement would end the repetitive tests
and CIC applications if necessary.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition.

Additional Sources of Service Information

Boeing Special Attention Service Bulletin 767-26-0124 refers to
Kidde Aerospace Service Bulletin 473876-26-454 as an additional source
of service information for testing and reidentifying the fire
extinguishing bottles.
Operators should note that Revision 1, dated March 12, 2003, is the
latest version of Kidde Aerospace Service Bulletin 473876-26-454.
Boeing Special Attention Service Bulletin 767-26-0125 refers to
Kidde Aerospace Service Bulletin 473876-26-453, dated January 22, 2004,
as an additional source of service information for reworking the fire
extinguishing bottles.
Boeing Special Attention Service Bulletin 777-26-0033 refers to the
following service bulletins as additional sources of service
information for testing and reidentifying the fire extinguishing
bottles: Kidde Aerospace Service Bulletin 473474-26-442, 473475-26-443,
473854-26-444, and 473876-26-445.
Operators should note that the latest version of these Kidde
Aerospace service bulletins are all Revision 1, all dated March 12,
2003.
Boeing Special Attention Service Bulletin 777-26-0034 refers to the
following service bulletins as additional sources of service
information for reworking the fire extinguishing bottles: Kidde
Aerospace Service 473474-26-450; 473475-26-451; 473854-26-452; 473876-
26-453; all dated January 22, 2004.

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 accomplishing the actions specified in the service
information described previously, except as discussed under
``Differences Between the Proposed AD and Service Bulletins.''

Differences Between the Proposed AD and Service Bulletins

Boeing Special Attention Service Bulletins 767-26-0124 and 777-26-
0033 specify that operators may replace the fire extinguishing bottles
in accordance with the applicable Boeing Airplane Maintenance Manual
(AMM), or an ``operator's equivalent procedure.'' However, this
proposed AD only would allow an ``operator's equivalent procedure'' if
approved as an alternative method of compliance according to paragraph
(k) of this AD. Operators should also note that Boeing Special
Attention Service Bulletin 767-26-0124 references the incorrect chapter
of the Boeing 767 AMM for the proposed replacement. This proposed AD
specifies that operators may use chapter 26-23-02/401 of the Boeing 767
AMM as one approved method for the proposed replacement.
Although Boeing Special Attention Service Bulletin 767-26-0125 and
Boeing Service Bulletin 777-26-0034, Revision 1, recommend
accomplishing the replacement ``at the next required hydrostatic test
for the fire extinguishing bottles,'' we have determined that this
imprecise compliance time would not address the identified unsafe
condition in a timely manner. In developing an appropriate compliance
time for this AD, we considered not only the manufacturer's
recommendation, but also the degree of urgency associated with
addressing the subject unsafe condition, the average utilization of the
affected fleet, and the time necessary to perform the replacement. In
light of all of these factors, we find a compliance time of 60 months
for completing the required actions to be warranted, in that it
represents an appropriate interval of time for affected airplanes to
continue to operate without compromising safety.

Clarification of Inspection Terminology

The ``inspection'' specified in Boeing Special Attention Service
Bulletin 767-26-0124 and 777-26-0033 is referred to as a leak test in
this proposed AD. These Boeing service bulletins refer to certain Kidde
Aerospace service bulletins as additional sources of service
information for performing the leak test.

Costs of Compliance

There are about 322 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs, at
an average labor rate of $65 per hour, for U.S. operators to comply
with this proposed AD.

[[Page 38634]]

Estimated Costs
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Number of U.S.-
Airplanes Action Work hours Parts Cost per airplane registered Fleet cost
airplanes
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Model 767-400 series airplanes Leak test, per 4 None............... $260, per testing 36 $9,360, per testing
(for all 4 fire extinguishing testing cycle. cycle. cycle.
bottles).
Replacement.......... 8 $2,800............. 3,320............... 36 119,520.
Model 777-200 and -300 series Leak test, per 5 None............... 325, per testing 130 42,250, per testing
airplanes (for all 5 fire testing cycle. cycle. cycle.
extinguishing bottles).
Replacement.......... 10 3,400.............. 4,050............... 131 530,550.
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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 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-2005-21713; Directorate Identifier 2005-NM-
085-AD.

Comments Due Date

(a) The Federal Aviation Administration (FAA) must receive
comments on this AD action by August 19, 2005.

Affected ADs

(b) None.

Applicability

Table 1.--Applicability
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Boeing model-- As identified in--
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767-400ER series airplanes............. Special Attention Service
Bulletin 767-26-0125, dated
January 22, 2004.
777-200 and -300 series airplanes...... Boeing Service Bulletin 777-26-
0034, Revision 1, dated July
1, 2004.
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Unsafe Condition

(d) This AD was prompted by failure of the safety fittings for
the fire extinguishing bottle. We are issuing this AD to prevent
failure of the safety fittings for the fire extinguishing bottles
due to corrosion, which could result in leakage of extinguishing
agent. If a fire occurs in the cargo bay, the fire extinguishing
bottles could have less than enough extinguishing agent to control a
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.

Service Bulletin References

(f) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of the service bulletins identified in
Table 2 of this AD, as applicable:

[[Page 38635]]

Table 2.--Service Bulletin References
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For model-- Boeing-- For the--
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767-400ER series airplanes.. Special Attention Test specified in
Service Bulletin paragraph (g) of
767-26-0124, dated this AD
December 5, 2002.
Special Attention Replacement
Service Bulletin specified in
767-26-0125, dated paragraph (h) of
January 22, 2004. this AD.
777-200 and -300 series Special Attention Test specified in
airplanes. Service Bulletin paragraph (g) of
777-26-0033, dated this AD.
December 5, 2002.
Service Bulletin 777- Replacement
26-0034, Revision specified in
1, dated July 1, paragraph (h) of
2004. this AD.
------------------------------------------------------------------------

Repetitive Testing of Fire Extinguishing Bottles

(g) For Model 767-400ER series airplanes; and Model 777-200 and
-300 series airplanes identified in Boeing Special Attention Service
Bulletin 777-26-0033, dated December 5, 2002: Within 18 months or
6,000 flight hours after the effective date of this AD, whichever is
first, test the fill and safety fittings of the fire extinguishing
bottles in the forward cargo compartment for leaks, in accordance
with the service bulletin. Repeat the test thereafter at intervals
not to exceed 18 months or 6,000 flight hours, whichever is first,
in accordance with the service bulletin, until the replacement
required by paragraph (h) of this AD is accomplished.
(1) If no leak is found or if the leak rate is below the
calibrated rate specified in the service bulletin, before further
flight, apply the corrosion inhibiting compound (CIC) to the burst
disc of the safety fitting and reidentify the fire extinguishing
bottle, in accordance with the service bulletin.
(2) If any leak above the calibrated rate specified in the
service bulletin is found, before further flight, replace and
reidentify the fire extinguishing bottle with new or reworked fire
extinguishing bottles, in accordance with the service bulletin;
except where the service bulletin specifies that the replacement may
be accomplished according to an operator's ``equivalent procedure,''
replace in accordance with a method approved by the Manager, Seattle
Aircraft Certification Office (ACO). Chapter 26-23-02/401 of Boeing
767 Airplane Maintenance Manual (AMM) or Chapter 26-23-01/401 of
Boeing 777 AMM, as applicable, is one approved method.

Note 1: The Boeing service bulletins listed in Table 3 of this
AD refer to certain Kidde Aerospace service bulletins, as
applicable, as additional sources of service information for testing
and reidentifying the fire extinguishing bottles.

Table 3.--Additional Service Information for Testing
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Boeing Special Attention
For model-- Service Bulletin-- Refers to Kidde Aerospace Service Bulletin--
----------------------------------------------------------------------------------------------------------------
767-400ER series airplanes......... 767-26-0124, dated December 473876-26-454. Revision 1, dated March 12,
5, 2002. 2003, is the latest version of this service
bulletin.
777-200 and -300 series airplanes.. 777-26-0033, dated December 473474-26-442. Revision 1, dated March 12,
5, 2002. 2003, is the latest version of this service
bulletin.
473475-26-443. Revision 1, dated March 12,
2003, is the latest version of this service
bulletin.
473854-26-444. Revision 1, dated March 12,
2003, is the latest version of this service
bulletin.
473876-26-445. Revision 1, dated March 12,
2003, is the latest version of this service
bulletin.
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Replacement of Fire Extinguishing Bottles

(h) For all airplanes: Within 60 months after the effective date
of this AD, replace the existing fire extinguishing bottles with
reworked fire extinguishing bottles, in accordance with the service
bulletin. Replacement of a fire extinguishing bottle with a reworked
fire extinguishing bottle terminates the repetitive tests and CIC
applications required by paragraph (g) of this AD for that fire
extinguishing bottle only.

Note 2: The Boeing service bulletins listed in Table 4 of this
AD refer to certain Kidde Aerospace service bulletins, as
applicable, as additional sources of service information for
reworking the fire extinguishing bottles.

Table 4.--Additional Service Information for Replacement
------------------------------------------------------------------------
Boeing Special Refers to Kidde
For model-- Attention Service Aerospace Service
Bulletin-- Bulletin-
------------------------------------------------------------------------
767-400ER series airplanes.. 767-26-0125, dated 473876-26-453, dated
January 22, 2004. January 22, 2004.
777-200 and -300 series 777-26-0034, dated 473474-26-450, dated
airplanes. January 22, 2004. January 22, 2004.
473475-26-451, dated
January 22, 2004.
473854-26-452, dated
January 22, 2004.
473876-26-453, dated
January 22, 2004.
------------------------------------------------------------------------

Parts Installation

(i) For all airplanes: As of the effective date of this AD, no
person may install a fire extinguishing bottle, part number (P/Ns)
473474-1 and -2, P/Ns 473475-1 and -2, P/Ns 473854-1 and -2, and P/
Ns 473876-1 and -2, on any airplane, unless the initial test
required by paragraph (g) of this AD is accomplished.

Credit for Previous Service Bulletin

(j) For Model 777-200 series airplanes: Actions done before the
effective date of this AD in accordance with Boeing Service Bulletin
777-26-0034, dated January 22, 2004, are acceptable for compliance
with the corresponding requirements of this AD.

Alternative Methods of Compliance (AMOCs)

(k) The Manager, Seattle ACO, FAA, has the authority to approve
AMOCs for this AD,

[[Page 38636]]

if requested in accordance with the procedures found in 14 CFR
39.19.

Issued in Renton, Washington, on June 17, 2005.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-13139 Filed 7-1-05; 8:45 am]

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