[Federal Register: January 5, 2005 (Volume 70, Number 3)]
[Proposed Rules]
[Page 727-729]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja05-26]
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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]
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 installing a new, improved foam seal
around certain ducts in the forward cargo compartment. This proposed AD
is prompted by the detection of incorrectly installed smoke barrier
seals around the electrical/electronic equipment air supply and exhaust
ducts. We are proposing 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: We must receive comments on this proposed AD by February 22,
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-2004-19990; the directorate identifier for this
docket is 2004-NM-199-AD.
FOR FURTHER INFORMATION CONTACT:
Technical information: 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.
Plain language information: Marcia Walters, marcia.walters@faa.gov.
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 relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2004-19990;
Directorate Identifier 2004-NM-199-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
[[Page 728]]
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
.
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
During production of certain Boeing Model 767-200, -300, and -300F
series airplanes, incorrectly installed smoke barrier seals were found
in the forward cargo compartment. The seals were located around the air
supply and exhaust ducts of the electronic equipment bay. If these
seals are not installed correctly, smoke and fire extinguishing agent
could leak out of the ducts in the event of a fire, entering a
compartment occupied by passengers or crew.
Relevant Service Information
We have reviewed Boeing Alert Service Bulletin 767-26A0119,
Revision 1, dated July 15, 2004. The service bulletin describes
procedures for installing a new, improved foam seal around certain
ducts in the forward cargo compartment, as follows:
For Group 1 and 2 airplanes: Installing a new, improved
foam seal around the four cooling air supply and exhaust ducts in the
electrical/electronic equipment bay.
For Group 2 airplanes: Installing a new, improved foam
seal around the avionics cooling and refrigeration unit (ACRU) duct.
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 accomplishing the actions specified in the service
information described previously.
Costs of Compliance
There are about 468 airplanes of the affected design in the
worldwide fleet. This proposed AD would affect about 342 airplanes of
U.S. registry.
For Group 1 and 2 airplanes: The proposed foam seal installation
around the cooling air supply and exhaust ducts would take about 2 work
hours per airplane, at an average labor rate of $65 per work hour. The
cost of parts would be minimal. Based on these figures, the estimated
cost of the proposed installation is $130 per airplane.
For Group 2 airplanes: The proposed foam seal installation around
the ACRU duct would take about 2 work hours per airplane, at an average
labor rate of $65 per work hour. The cost of parts would be minimal.
Based on these figures, the estimated cost of the proposed installation
is $130 per airplane.
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
This rulemaking is promulgated 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 AD.
Regulatory Findings
We have determined that this proposed AD will not have federalism
implications under Executive Order 13132. This proposed 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 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-2004-19990; Directorate Identifier 2004-NM-
199-AD.
Comments Due Date
(a) The Federal Aviation Administration (FAA) must receive
comments on this AD action by February 22, 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 listed 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 729]]
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.
Issued in Renton, Washington, on December 27, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-166 Filed 1-4-05; 8:45 am]
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