Airworthiness Directives; Boeing Model 767-400ER Series Airplanes; and Model 777-200 and -300 Series Airplanes, 38632-38636 [05-13139]

Download as PDF 38632 Federal Register / Vol. 70, No. 127 / Tuesday, July 5, 2005 / Proposed Rules Unsafe Condition (d) This AD was prompted by a report of a restriction in the pilots’ elevator input control system. We are issuing this AD to prevent loss of elevator control and consequent reduced controllability of 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. Modification (f) Within 60 months after the effective date of this AD: Modify the elevator input torque tube assembly by doing all the actions in accordance with the Accomplishment Instructions of the applicable service bulletin in Table 1 of this AD. Alternative Methods of Compliance (AMOCs) (g) The Manager, Seattle Aircraft Certification Office (ACO), 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 June 17, 2005. Michael J. Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–13136 Filed 7–1–05; 8:45 am] BILLING CODE 4910–13–P 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 Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: 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 VerDate jul<14>2003 15:08 Jul 01, 2005 Jkt 205001 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 https://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to https://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 https:// 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 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 comments to an address listed under 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 https:// 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 https:// dms.dot.gov. ADDRESSES. Examining the Docket You can examine the AD docket on the Internet at https://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 E:\FR\FM\05JYP1.SGM 05JYP1 38633 Federal Register / Vol. 70, No. 127 / Tuesday, July 5, 2005 / Proposed Rules these models may be subject to the same unsafe condition. Relevant Service Information We have reviewed the following service bulletins: Boeing model– Service bulletin 767–400ER series airplanes ................................................. 777–200 and –300 series airplanes ...................................... 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. VerDate jul<14>2003 15:08 Jul 01, 2005 Jkt 205001 Boeing Boeing Boeing Boeing Special Attention Service Bulletin 767–26–0124 .... Special Attention Service Bulletin 767–26–0125. ... Special Attention Service Bulletin 777–26–0033 .... Service Bulletin 777–26–0034, Revision 1 ............. 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 PO 00000 Frm 00022 Date Fmt 4702 Sfmt 4702 December 5, 2002. January 22, 2004. December 5, 2002. July 1, 2004. 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. E:\FR\FM\05JYP1.SGM 05JYP1 38634 Federal Register / Vol. 70, No. 127 / Tuesday, July 5, 2005 / Proposed Rules ESTIMATED COSTS Airplanes Model 767–400 series airplanes (for all 4 fire extinguishing bottles). Action Work hours Parts Number of U.S.–registered airplanes Cost per airplane Fleet cost 4 None ........ $260, per testing cycle 36 $9,360, per testing cycle. Replacement ............... Leak test, per testing cycle. 8 5 $2,800 ..... None ........ 3,320 ........................... 325, per testing cycle .. 36 130 119,520. 42,250, per testing cycle. Replacement ............... Model 777–200 and –300 series airplanes (for all 5 fire extinguishing bottles). Leak test, per testing cycle. 10 3,400 ....... 4,050 ........................... 131 530,550. 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. § 39.13 [Amended] 2. The FAA amends § 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 (c) This AD applies to the airplanes listed in Table 1 of this AD, certificated in any category: TABLE 1.—APPLICABILITY Boeing model— As identified in— 767–400ER series airplanes .................................................................... Special Attention Service Bulletin 767–26–0125, dated January 22, 2004. Boeing Service Bulletin 777–26–0034, Revision 1, dated July 1, 2004. 777–200 and –300 series airplanes ......................................................... 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 VerDate jul<14>2003 15:08 Jul 01, 2005 Jkt 205001 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 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 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: E:\FR\FM\05JYP1.SGM 05JYP1 38635 Federal Register / Vol. 70, No. 127 / Tuesday, July 5, 2005 / Proposed Rules TABLE 2.—SERVICE BULLETIN REFERENCES For model— Boeing— For the— 767–400ER series airplanes Special Attention Service Bulletin 767–26–0124, dated December 5, 2002. Special Attention Service Bulletin 767–26–0125, dated January 22, 2004. Special Attention Service Bulletin 777–26–0033, dated December 5, 2002. Service Bulletin 777–26–0034, Revision 1, dated July 1, 2004. Test specified in paragraph (g) of this AD 777–200 and –300 series airplanes. 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 Replacement specified in paragraph (h) of this AD. Test specified in paragraph (g) of this AD. Replacement specified in paragraph (h) of this AD. 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 For model— Boeing Special Attention Service Bulletin— Refers to Kidde Aerospace Service Bulletin— 767–400ER series airplanes ............ 767–26–0124, dated December 5, 2002. 777–26–0033, dated December 5, 2002. 473876–26–454. Revision 1, dated version of this service bulletin. 473474–26–442. Revision 1, dated version of this service bulletin. 473475–26–443. Revision 1, dated version of this service bulletin. 473854–26–444. Revision 1, dated version of this service bulletin. 473876–26–445. Revision 1, dated version of this service bulletin. 777–200 and –300 series airplanes 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. March 12, 2003, is the latest March 12, 2003, is the latest March 12, 2003, is the latest March 12, 2003, is the latest March 12, 2003, is the latest 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 For model— Boeing Special Attention Service Bulletin— Refers to Kidde Aerospace Service Bulletin– 767–400ER series airplanes .............................. 777–200 and –300 series airplanes ................... 767–26–0125, dated January 22, 2004 ........... 777–26–0034, dated January 22, 2004 ........... 473876–26–453, 473474–26–450, 473475–26–451, 473854–26–452, 473876–26–453, 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 VerDate jul<14>2003 15:08 Jul 01, 2005 Jkt 205001 dated dated dated dated dated January January January January January 22, 22, 22, 22, 22, 2004. 2004. 2004. 2004. 2004. required by paragraph (g) of this AD is accomplished. 2004, are acceptable for compliance with the corresponding requirements of this AD. Credit for Previous Service Bulletin Alternative Methods of Compliance (AMOCs) (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, PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 (k) The Manager, Seattle ACO, FAA, has the authority to approve AMOCs for this AD, E:\FR\FM\05JYP1.SGM 05JYP1 38636 Federal Register / Vol. 70, No. 127 / Tuesday, July 5, 2005 / Proposed Rules 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] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–21714; Directorate Identifier 2005–NM–065–AD] RIN 2120–AA64 Airworthiness Directives; Boeing Model 737–600, –700, –700C, –800, and –900 Series Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 737–600, –700, –700C, –800, and –900 series airplanes. This proposed AD would require modification of certain wire bundles located above the center fuel tank. This proposed AD is prompted by the results of fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent chafed wire bundles near the center fuel tank, which could cause electrical arcing through the tank wall and ignition of fuel vapor in the fuel tank, and result in a fuel tank explosion. 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 https://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to https://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. VerDate jul<14>2003 15:08 Jul 01, 2005 Jkt 205001 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 https:// 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– 21714; the directorate identifier for this docket is 2005–NM–065–AD. FOR FURTHER INFORMATION CONTACT: Binh Tran, Aerospace Engineer, Systems and Equipment Branch, ANM–130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 917–6485; 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– 2005–21714; Directorate Identifier 2005–NM–065–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 https:// 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 https:// dms.dot.gov. Examining the Docket You can examine the AD docket on the Internet at https://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 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 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 examined the underlying safety issues involved in recent fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the service history of airplanes subject to those regulations, and existing maintenance practices for fuel tank systems. As a result of those findings, we issued a regulation titled ‘‘Transport Airplane Fuel Tank System Design Review, Flammability Reduction and Maintenance and Inspection Requirements’’ (67 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and new maintenance requirements, this rule included Special Federal Aviation Regulation No. 88 (‘‘SFAR 88,’’ Amendment 21–78, and subsequent Amendments 21–82 and 21–83). Among other actions, SFAR 88 requires certain type design (i.e., type certificate (TC) and supplemental type certificate (STC)) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to type design holders for large turbine-powered transport airplanes and for subsequent modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble to the rule, we intended to adopt airworthiness directives to mandate any changes found necessary to address unsafe conditions identified as a result of these reviews. In evaluating these design reviews, we have established four criteria intended to define the unsafe conditions associated with fuel tank systems that require corrective actions. The percentage of operating time during which fuel tanks are exposed to flammable conditions is one of these criteria. The other three criteria address the failure types under evaluation: Single failures, single failures in combination with another latent condition(s), and in-service failure experience. For all four criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action. Based on this process, we have determined that the actions identified in this proposed AD are necessary to E:\FR\FM\05JYP1.SGM 05JYP1

Agencies

[Federal Register Volume 70, Number 127 (Tuesday, July 5, 2005)]
[Proposed Rules]
[Pages 38632-38636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13139]


-----------------------------------------------------------------------

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).

-----------------------------------------------------------------------

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  https://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to https://
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 
https://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 https://
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 https://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at https://
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:

----------------------------------------------------------------------------------------------------------------
              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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                   Number of U.S.-
             Airplanes                      Action          Work hours         Parts           Cost per airplane      registered         Fleet cost
                                                                                                                      airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    (c) This AD applies to the airplanes listed in Table 1 of this 
AD, certificated in any category:

                         Table 1.--Applicability
------------------------------------------------------------------------
             Boeing model--                     As identified in--
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

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
------------------------------------------------------------------------
         For model--                Boeing--              For the--
------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
                                       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.
----------------------------------------------------------------------------------------------------------------

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]
BILLING CODE 4910-13-P
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