[Federal Register: March 21, 2005 (Volume 70, Number 53)]
[Rules and Regulations]
[Page 13368-13370]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21mr05-11]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19493; Directorate Identifier 2004-NM-69-AD;
Amendment 39-14018; AD 2005-06-10]
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 replacing the inboard fairing seal common to the vapor barrier
seal of each strut assembly. This AD is prompted by discovery during
production that a section of vapor barrier seal was missing from the
spar web cavities of the upper aft struts of both wings. We are issuing
this AD to prevent flammable fluids from leaking onto parts of a hot
exhaust system of a shut-down engine of an airplane on the ground,
which could result in ignition of the flammable fluids and an
uncontained fire. This could also lead to an emergency evacuation of
the airplane and possible injury to passengers.
[[Page 13369]]
DATES: This AD becomes effective April 25, 2005.
The incorporation by reference of a certain publication listed in
the AD is approved by the Director of the Federal Register as of April
25, 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,
Washington, DC. This docket number is FAA-2004-19493; the directorate
identifier for this docket is 2004-NM-69-AD.
FOR FURTHER INFORMATION CONTACT: John L. Vann, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone
(425) 917-6513; 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 November
3, 2004 (69 FR 63963), proposed to require replacing the inboard
fairing seal common to the vapor barrier seal of each strut assembly.
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.
Agreement With Proposed AD
Two commenters, the manufacturer and an operator, agree with the
proposed AD.
Request for Extended Compliance Time
One commenter, another operator, requests that we change the
compliance deadline from 60 months to 84 months after the effective
date. The operator states that this will allow the airlines to
accomplish the required maintenance within their heavy maintenance
visit schedules, thereby minimizing aircraft out-of-service time and
the associated extra expense.
We do not agree with the commenter's request to extend the
compliance time. In developing an appropriate compliance time for this
action, we considered the safety implications, the level of effort
needed to incorporate the change, and normal maintenance schedules for
the timely accomplishment of the modification. In consideration of
these items, we have determined that a 60-month interval will ensure an
acceptable level of safety and allow the modifications to be done with
no airplane out-of-service time during scheduled maintenance intervals
for most affected operators. We have not changed the final rule.
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, except for
minor editorial changes.
Clarification of Costs of Compliance
We have discovered that the numbers shown in the proposed AD were
incorrect for the worldwide total of affected airplanes and affected
airplanes of U.S. registry. We have changed the Costs of Compliance
section of this AD to reflect the correct numbers of affected
airplanes.
Costs of Compliance
There are about 723 airplanes worldwide of the affected design.
This AD will affect about 228 airplanes of U.S. registry. The actions
will take about 4 work hours per airplane, at an average labor rate of
$65 per work hour. Required parts will cost about $185 per airplane.
Based on these figures, the estimated cost of the AD for U.S. operators
is $101,460, or $445 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):
2005-06-10 Boeing: Amendment 39-14018. Docket No. FAA-2004-19493;
Directorate Identifier 2004-NM-69-AD.
Effective Date
(a) This AD becomes effective April 25, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 767-200, -300, and -300F
series airplanes;
[[Page 13370]]
certificated in any category; equipped with General Electric and
Pratt and Whitney engines; as identified in Boeing Service Bulletin
767-54-0107, Revision 1, dated December 18, 2003.
Unsafe Condition
(d) This AD was prompted by discovery during production that a
section of vapor barrier seal was missing from the spar web cavities
of the upper aft struts of both wings. We are issuing this AD to
prevent flammable fluids from leaking onto parts of a hot exhaust
system of a shut-down engine of an airplane on the ground, which
could result in ignition of the flammable fluids and an uncontained
fire. This could also lead to an emergency evacuation of the
airplane and possible injury to passengers.
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.
Installation of Seal
(f) Within 60 months after the effective date of this AD,
replace the inboard fairing seal common to the vapor barrier seal of
each strut assembly with a new inboard fairing seal in accordance
with the Accomplishment Instructions of Boeing Service Bulletin 767-
54-0107, Revision 1, dated December 18, 2003.
Seal Installations Accomplished Per Previous Issue of Service Bulletin
(g) Seal installations accomplished in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 767-54-0107,
dated January 16, 2003, are considered acceptable for compliance
with the corresponding action specified in 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 using the
procedures found in 14 CFR 39.19.
Material Incorporated by Reference
(i) You must use Boeing Service Bulletin 767-54-0107, Revision
1, dated December 18, 2003, 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. For
copies of the service information, contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle, Washington 98124 2207. For
information on the availability of this material at the National
Archives and Records Administration (NARA), call (202) 741-6030, or
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
You may view the AD docket at the
Docket Management Facility, U.S. Department of Transportation, 400
Seventh Street SW, room PL-401, Nassif Building, Washington, DC.
Issued in Renton, Washington, on March 9, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-5387 Filed 3-18-05; 8:45 am]
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