[Federal Register Volume 72, Number 18 (Monday, January 29, 2007)]
[Rules and Regulations]
[Pages 3930-3934]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1211]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25205; Directorate Identifier 2006-NM-071-AD;
Amendment 39-14905; AD 2007-02-18]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-200 and -300 Series
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) that applies to certain Boeing Model 767-200, -300, and -300F
series airplanes. That AD currently requires an inspection of visually
accessible areas for indications of overheating of the heater tape
attached to the potable water fill and drain lines in the forward and
aft cargo compartments, exposed foam insulation or missing or damaged
protective tape around the potable water fill and drain lines, and
debris or contaminants on or near the potable water fill and drain
lines. That AD also requires corrective action, as necessary. This new
AD requires repetitive inspections of the forward and aft cargo
compartments, as applicable, for discrepancies of the potable water
supply and gray water drain lines; and applicable corrective actions if
necessary. This AD also requires replacing the heater tapes on the
potable water supply and gray water drain lines of the forward and aft
cargo compartments, as applicable, with new ribbon heaters, or
deactivating and removing any defective heater tape and wrapping the
drain line with foam insulation; either action ends the repetitive
inspections. This AD results from a report of a fire in the aft cargo
compartment. We are issuing this AD to prevent overheating of the
heater tape on potable water fill and drain lines, which may ignite
accumulated debris or contaminants on or near the potable water fill
and drain lines, resulting in a fire in the airplane.
DATES: This AD becomes effective March 5, 2007.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of March 5,
2007.
ADDRESSES: You may examine the AD docket on the Internet at http://
dms.dot.gov or in person at the Docket
[[Page 3931]]
Management Facility, U.S. Department of Transportation, 400 Seventh
Street, SW., Nassif Building, Room PL-401, Washington, DC.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for service information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Donald Eiford, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 917-6465; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2002-11-11, amendment
39-12772 (67 FR 39265, June 7, 2002). The existing AD applies to
certain Boeing Model 767-200, -300, and -300F series airplanes. That
NPRM was published in the Federal Register on June 30, 2006 (71 FR
37507). That NPRM proposed to require repetitive inspections of the
forward and aft cargo compartments, as applicable, for discrepancies of
the potable water supply and gray water drain lines; and applicable
corrective actions if necessary. That NPRM also proposed to require
replacing the heater tapes on the potable water supply and gray water
drain lines of the forward and aft cargo compartments, as applicable,
with new ribbon heaters, which would end the repetitive inspections.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.
Request To Permit Alternative Method of Compliance
Boeing requests that we permit an alternative method of compliance
for the terminating action described in the NPRM. Boeing states that
Boeing Service Bulletin 767-30A0038, Revision 2, dated February 23,
2006, describes procedures for deactivating and removing the heater
tapes of certain gray water drain lines and wrapping the drain lines
with foam insulation. Boeing therefore requests that we revise the
summary and paragraph (h), Terminating Action, of the NPRM to state
that the alternative action described here is acceptable as a
terminating action for the requirements of the AD.
We agree for the reasons stated. Accordingly, we have revised the
summary of the AD, revised paragraph (h) of the AD to include new
paragraphs (h)(1) and (h)(2), and removed paragraph identifiers (1) and
(2) from Table 2 of the AD. We have also revised the Costs of
Compliance section of the AD to present the estimated costs for
deactivation and removal of the heating tapes and installation of foam
insulation. These actions neither increase the economic burden on any
operator nor increase the scope of the AD.
Request To Clarify Costs of Compliance
Boeing requests that we clarify the Costs of Compliance section of
the NPRM. Boeing states that the Estimated Costs table is not clear and
asserts that the time estimated for performing the inspections should
be ``2 or 3'' work hours. Boeing further asserts that Boeing Service
Bulletin 767-30A0038 specifies ``between 4.75 and 11 work hours'' to
perform the heater tape replacements. Although Boeing made no specific
request, we infer that Boeing wishes us to revise the Costs of
Compliance section to more closely reflect the estimated costs
specified in the service bulletin.
We partially agree. We concur that the time estimated for
performing the inspections should be 2 or 3 work hours, as shown in the
Estimated Costs table. However, the statement that ``between 4.75 and
11 work hours'' are required to replace the heater tapes does not
accurately reflect the service information we have reviewed. The
service bulletin provides an estimate of between 4.75 and 11 work hours
to gain access, perform inspections, replacements and tests, and close
access. Typically, the costs specified in an AD are only the direct
costs of the specific actions required by the AD. Therefore, the
figures shown in the Estimated Costs table of this AD do not include
the time to gain and close access or perform testing. Further, the
remaining work hours specified to do the direct actions are divided
into two parts: one part to perform the inspections and one part to
replace the ribbon heater or to remove the heater and install foam
insulation. We have made no changes to the AD in regard to these
comments.
Comment Regarding Applicability
A private citizen states that the NPRM does not apply to Model 767
freighter airplanes.
We agree. The AD does not apply to Model 767-300F or -400ER series
airplanes (freighters), but only to Model 767-200 and -300 series
airplanes, as stated in the NPRM. No change is needed to the AD in this
regard.
Request for Posting of Service Information
The Modification and Replacement Parts Association (MARPA),
requests that we revise our procedures for incorporation by reference
(IBR) of service information in ADs. MARPA states that, as an AD is a
public regulatory instrument, it can not rely upon private writings.
MARPA asserts that such IBR documents lose any proprietary, protected
status they originally had and become public documents and, therefore,
that they must be published in the Docket Management System (DMS),
keyed to the action that incorporates them. MARPA addresses the stated
purpose of the Federal Register IBR method, brevity, which is intended
to relieve the Federal Register of needlessly publishing documents
already supplied to affected individuals: owners and operators of
affected aircraft. MARPA asserts that ``affected individuals'' are no
longer merely owners and operators, but, since most aircraft
maintenance is now performed by specialty shops, that a new class of
affected individuals has emerged. This new class includes maintenance
and repair organizations, component servicing and repair shops, parts
purveyors and distributors, and organizations manufacturing or
servicing alternatively certified parts under 14 CFR 21.303 (PMA).
Further, MARPA contends that the concept of brevity is now nearly
archaic as most documents are kept in electronic files. MARPA therefore
requests that IBR documents be incorporated by reference into the
regulatory instrument and posted in the DMS docket for the applicable
AD.
We acknowledge MARPA's comments. The Office of the Federal Register
(OFR) requires that documents that are necessary to accomplish the
requirements of the AD be incorporated by reference during the final
rule phase of rulemaking. This final rule incorporates by reference the
document
[[Page 3932]]
necessary for the accomplishment of the requirements mandated by this
AD. Further, we point out that while documents that are incorporated by
reference do become public information, they do not lose their
copyright protection. For that reason, we advise the public to contact
the manufacturer to obtain copies of the referenced service
information.
In regard to MARPA's request to post service documents on the
Department of Transportation's DMS, we are currently in the process of
reviewing issues surrounding the posting of service documents on the
DMS as part of an AD docket. Once we have thoroughly examined all
aspects of this issue and have made a final determination, we will
consider whether our current practice needs to be revised. No change to
the final rule is necessary in response to this comment.
Request for Standardized Directorate Policies
MARPA requests standardized directorate policies, asserting that
another directorate has already given a blanket parts manufacturer
approval (PMA) by stating in published rules that ``FAA-approved
equivalent parts'' may be used. MARPA contends that, by not using
similar language, we are not in compliance with Executive Order 12866
or proposed FAA order 8040.2. MARPA asserts that for us to not include
similar blanket language at the earliest possible time could work to
our disadvantage legally.
We recognize the need for standardization on this issue and
currently are in the process of reviewing issues that address PMAs at
the national level. However, the Transport Airplane Directorate
considers that to delay this particular AD action would be
inappropriate, since we have determined that an unsafe condition exists
and that replacement of certain parts must be accomplished to ensure
continued safety. Therefore, no change has been made to the final rule
in this regard.
Conclusion
We have carefully reviewed the available data, including the
comments that have been received, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
There are about 455 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD.
Estimated Costs
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Average Number of U.S.-
Action Work hours \1\ labor rate Parts Cost per airplane registered Fleet cost \2\
per hour \1\ airplanes
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Inspections....................... 2 or 3............. $80 None.............. $160 or $240, per 83................ Between $13,280 and
inspection cycle. $19,920, per
inspection cycle.
Deactivation/installation of 1.................. 80 None.............. $80................. Up to 83.......... Up to $6,640.
insulation.
Replacement....................... Between 1 and 3.... 80 $8,000............ Between $8,080 and 83................ Up to $683,920.
$8,240.
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\1\ Depending on airplane configuration.
\2\ Depending on fleet configuration.
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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-12772 (67 FR 39265, June 7, 2002) and by adding
[[Page 3933]]
the following new airworthiness directive (AD):
2007-02-18 Boeing: Amendment 39-14905. Docket No. FAA-2006-25205;
Directorate Identifier 2006-NM-071-AD.
Effective Date
(a) This AD becomes effective March 5, 2007.
Affected ADs
(b) This AD supersedes AD 2002-11-11.
Applicability
(c) This AD applies to Boeing Model 767-200 and -300 series
airplanes, certificated in any category, as identified in Boeing
Service Bulletin 767-30A0038, Revision 2, dated February 23, 2006.
Note 1: For the purposes of this AD: An open cargo floor
configuration, as identified in Boeing Service Bulletin 767-30A0038,
is a floor without panels installed between all roller trays in the
cargo compartment. A closed cargo floor configuration, as identified
in Boeing Service Bulletin 767-30A0038, is a floor with panels
installed between all roller trays in the cargo compartment.
Unsafe Condition
(d) This AD results from a report of a fire in the aft cargo
compartment. We are issuing this AD to prevent overheating of the
heater tape on potable water fill and drain lines, which may ignite
accumulated debris or contaminants on or near the potable water fill
and drain lines, resulting in a fire in the airplane.
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.
Repetitive Inspections
(f) Within 18 months since the date of issuance of the original
standard airworthiness certificate or the date of issuance of the
original export certificate of airworthiness, or within 90 days
after the effective date of this AD, whichever is later: Do the
actions in Table 1 of this AD in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 767-30A0038, Revision 2,
dated February 23, 2006.
Table 1.--Inspections
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Do a general visual inspection
of the forward and aft cargo And, repeat at Until the
compartments, as applicable, intervals not to requirements of--
for-- exceed--
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(1) Foreign object debris 600 flight hours. Paragraph (h)(1) or
(FOD) or contamination on, (h)(2) of this AD
near, or around the potable are done.
water supply and gray water
drain lines.
(2) Indications of heat 1,800 flight Paragraph (h)(1) or
damage, exposed foam hours. (h)(2) of this AD
insulation, or missing or are done.
damaged protective tape of
all heater tape on the
potable water supply and gray
water drain lines.
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Corrective Actions
(g) If any discrepancy identified in Table 1 of this AD is found
during any general visual inspection required by either paragraph
(f)(1) or (f)(2) of this AD, before further flight, do the
applicable corrective action by accomplishing all the actions in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 767-30A0038, Revision 2, dated February 23, 2006.
Terminating Action
(h) At the applicable compliance time specified in Table 2 of
this AD: Perform the actions required by paragraph (h)(1) or (h)(2)
of this AD, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 767-30A0038, Revision 2, dated February 23,
2006. Accomplishing the requirements of paragraph (h)(1) or (h)(2)
of this AD ends the requirements of paragraph (f) of this AD.
(1) Replace the heater tapes on the potable water supply and
gray water drain lines of the forward and aft cargo compartments, as
applicable, with Adel Wiggins ribbon heaters.
(2) Deactivate and remove any defective heater tape(s) from the
potable water supply and gray water drain line(s) of the forward and
aft cargo compartments and wrap the drain line(s) with foam
insulation.
Table 2.--Compliance Time for Terminating Action
------------------------------------------------------------------------
For airplanes on which the heater tape--
The compliance time is--
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Has not been replaced in accordance Within 42 months since the date
with Boeing Alert Service Bulletin 767- of issuance of the original
30A0037, dated May 28, 2002; or Boeing standard airworthiness
Service Bulletin 767-30A0037, Revision certificate or the date of
1, dated July 19, 2002; as of the issuance of the original
effective date of this AD. export certificate of
airworthiness, or within 24
months after the effective
date of this AD, whichever
occurs later.
Has been replaced in accordance with Within 42 months after
Boeing Alert Service Bulletin 767- replacing the heater tape, or
30A0037, dated May 28, 2002; or Boeing within 24 months after the
Service Bulletin 767-30A0037, Revision effective date of this AD,
1, dated July 19, 2002; as of the whichever occurs later.
effective date of this AD.
------------------------------------------------------------------------
Credit for Earlier Revisions of Service Bulletin
(i) For airplanes having variable number (VN) VN471 and VN472:
Actions done in the forward cargo compartment before the effective
date of this AD in accordance with Boeing Alert Service Bulletin
767-30A0038, dated December 16, 2004; or Boeing Service Bulletin
767-30A0038, Revision 1, dated September 29, 2005; are acceptable
for compliance with the corresponding requirements of this AD for
the forward cargo compartment only.
(j) For airplanes having VN VS704 through VS707 inclusive:
Actions done in the forward cargo compartment before the effective
date of this AD in accordance with Boeing Service Bulletin 767-
30A0038, Revision 1, dated September 29, 2005, are acceptable for
compliance with the corresponding requirements of this AD for the
forward cargo compartment only.
(k) For airplanes other than those identified in paragraphs (i)
and (j) of this AD: Actions done in the forward and aft cargo
compartments, as applicable, before the effective date of this AD in
accordance with Boeing Alert Service Bulletin 767-30A0038, dated
December 16, 2004; or Boeing Service Bulletin 767-30A0038, Revision
1, dated September 29, 2005; are acceptable for compliance with the
corresponding requirements of this AD.
Alternative Methods of Compliance (AMOCs)
(l)(1) 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.
[[Page 3934]]
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Material Incorporated by Reference
(m) You must use Boeing Service Bulletin 767-30A0038, Revision
2, dated February 23, 2006, to perform the actions that are required
by this AD, unless the AD specifies otherwise. The Director of the
Federal Register approved the incorporation by reference of this
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for a copy of this service information. You
may review copies at the Docket Management Facility, U.S. Department
of Transportation, 400 Seventh Street, SW., Room PL-401, Nassif
Building, Washington, DC; on the Internet at http://dms.dot.gov; or
at 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 January 12, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-1211 Filed 1-26-07; 8:45 am]
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