[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Rules and Regulations]
[Page 4061-4063]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja08-7]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-28375; Directorate Identifier 2007-NM-015-AD;
Amendment 39-15346; AD 2008-02-16]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-200 and 767-300 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 and 767-300 series airplanes. This AD
requires reworking certain duct assemblies in the environmental control
system (ECS). This AD results from reports of duct assemblies in the
ECS with burned Boeing Material Specification (BMS) 8-39 polyurethane
foam insulation. This AD also results from a report from the airplane
manufacturer that airplanes were assembled with duct assemblies in the
ECS wrapped with BMS 8-39 polyurethane foam insulation, a material of
which the fire retardant properties deteriorate with age. We are
issuing this AD to prevent a potential electrical arc from igniting the
BMS 8-39 polyurethane foam insulation on the duct assemblies of the
ECS, which could propagate a small fire and lead to a larger fire that
might spread throughout the airplane through the ECS.
DATES: This AD becomes effective February 28, 2008.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of February 28,
2008.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone 800-647-5527) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Sue McCormick, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (303) 342-1082; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain Boeing Model
767-200 and 767-300 series airplanes. That NPRM was published in the
Federal Register on June 19, 2007 (72 FR 33701). That NPRM proposed to
require reworking certain duct assemblies in the environmental control
system (ECS).
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Support for the Proposed AD
Boeing concurs with the requirements of this AD.
Request To Remove Airplane From the Proposed Applicability
Hawaiian Airlines requests that we revise the proposed AD to remove
one of its airplanes from the proposed applicability. Hawaiian states
that the airplane came to them with two ducts installed in the affected
area that do not have insulation installed on them. Each of these ducts
has a part number not listed in Boeing Service Bulletin 767-21A0167,
Revision 1, dated December 19, 2006. We referred to Boeing Service
Bulletin 767-21A0167, Revision 1, as the appropriate source of service
information for doing the actions specified in the proposed AD.
Hawaiian quotes text from a Boeing message, in which Boeing confirms
that the two subject duct assemblies do not need rework in accordance
with the service bulletin because neither of the ducts assemblies are
wrapped with Boeing Material Specification (BMS) 8-39 polyurethane foam
insulation.
[[Page 4062]]
We agree. We have verified that the subject airplane should not be
subject to this AD for the reasons stated above. Therefore, we have
revised the applicability of this final rule to remove the subject
airplane from the applicability of this AD. We have also revised the
Costs of Compliance section of this final rule to remove the cost for
this airplane.
Request To Clarify Acceptable Compliance
Hawaiian Airlines also requests that we revise the proposed AD to
add language to clarify whether or not BMS 8-300 insulation must be
installed on an affected duct. Hawaiian reiterates that it has one
airplane with two ducts installed, which do not have any insulation
installed.
We do not agree that it is necessary to make the requested
clarification. As stated previously, we have determined that the
subject airplane is not subject to this AD. Therefore, we have made no
change to the final rule in this regard.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously. We also determined that
this change will not increase the economic burden on any operator or
increase the scope of the AD.
Costs of Compliance
There are about 129 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work hours Average labor Parts cost per Average cost registered Average fleet
rate per hour airplane per airplane airplanes cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Duct assembly rework...................... 7, per duct (average 50 $80 $4,955 $32,955 95 $3,130,725
ducts per airplane).
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this 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
adding the following new airworthiness directive (AD):
2008-02-16 Boeing: Amendment 39-15346. Docket No. FAA-2007-28375;
Directorate Identifier 2007-NM-015-AD.
Effective Date
(a) This AD becomes effective February 28, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model 767-200 and 767-300 series
airplanes, certificated in any category; as identified in Boeing
Service Bulletin 767-21A0167, Revision 1, dated December 19, 2006;
excluding variable number VK031.
Unsafe Condition
(d) This AD results from reports of duct assemblies in the
environmental control system (ECS) with burned Boeing Material
Specification (BMS) 8-39 polyurethane foam insulation. This AD also
results from a report from the airplane manufacturer that airplanes
were assembled with duct assemblies in the ECS wrapped with BMS 8-39
polyurethane foam insulation, a material of which the fire retardant
properties deteriorate with age. We are issuing this AD to prevent a
potential electrical arc from igniting the BMS 8-39 polyurethane
foam insulation on the duct assemblies or the ECS, which could
propagate a small fire and lead to a larger fire that might spread
throughout the airplane through the ECS.
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.
ECS Duct Assembly Rework
(f) Except as provided by paragraph (g) of this AD, within 72
months after the effective date of this AD, rework the duct
assemblies in the ECS for the air distribution system at sections
41, 45, and 46; the Gasper air system at sections 41, 43, 45, and
46; the forward electronic and electrical (E/E) compartment air
supply; and the instrument panel cooling supply; in accordance with
the Accomplishment Instructions and Appendices A and B of Boeing
Service Bulletin 767-21A0167, Revision 1, dated December 19, 2006.
[[Page 4063]]
Optional Part Installed
(g) If an affected duct assembly having a part number other than
part number 217T2109-12, or a part number other than any part number
specified in the applicable figure of Boeing Service Bulletin 767-
21A0167, Revision 1, dated December 19, 2006, is found installed,
and that part number is listed as an optional part number in the
table in paragraph 3.B.2., ``Optional Part Table,'' of the
Accomplishment Instructions of the service bulletin: No rework is
required for that duct assembly only.
Parts Installation
(h) As of the effective date of this AD, no person may install
on any airplane an air distribution system, Gasper air system,
forward E/E compartment air supply, or instrument panel cooling
supply duct assembly with BMS 8-39 polyurethane foam insulation.
Alternative Methods of Compliance (AMOCs)
(i)(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.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Material Incorporated by Reference
(j) You must use Boeing Service Bulletin 767-21A0167, Revision
1, dated December 19, 2006, to do the actions required by this AD,
unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington
98124-2207.
(3) You may review copies of the service information
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at 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 14, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8-972 Filed 1-23-08; 8:45 am]
BILLING CODE 4910-13-P