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32873

Proposed Rules Federal Register


Vol. 71, No. 109

Wednesday, June 7, 2006

This section of the FEDERAL REGISTER prevent fire extinguishing agent from the closing date and may amend this
contains notices to the public of the proposed leaking out of the tube assembly in the supplemental NPRM in light of those
issuance of rules and regulations. The aft cargo compartment which, in the comments.
purpose of these notices is to give interested event of a fire in the aft cargo
persons an opportunity to participate in the We will post all comments submitted,
compartment, could result in an without change, to http://dms.dot.gov,
rule making prior to the adoption of the final
rules.
insufficient concentration of fire including any personal information you
extinguishing agent, and consequent provide. We will also post a report
inability of the fire extinguishing system summarizing each substantive verbal
DEPARTMENT OF TRANSPORTATION to suppress the fire. contact with FAA personnel concerning
DATES: We must receive comments on this supplemental NPRM. Using the
Federal Aviation Administration this supplemental NPRM by July 3, search function of that Web site, anyone
2006. can find and read the comments in any
14 CFR Part 39 ADDRESSES: Use one of the following of our dockets, including the name of
[Docket No. FAA–2005–21748; Directorate addresses to submit comments on this the individual who sent the comment
Identifier 2005–NM–071–AD] supplemental NPRM. (or signed the comment on behalf of an
RIN 2120–AA64
• DOT Docket Web site: Go to http:// association, business, labor union, etc.).
dms.dot.gov and follow the instructions You may review the DOT’s complete
Airworthiness Directives; Boeing for sending your comments Privacy Act Statement in the Federal
Model 767–200 and –300 Series electronically. Register published on April 11, 2000
Airplanes • Government-wide rulemaking Web (65 FR 19477–78), or you may visit
site: Go to http://www.regulations.gov http://dms.dot.gov.
AGENCY: Federal Aviation and follow the instructions for sending
Administration (FAA), Department of your comments electronically. Examining the Docket
Transportation (DOT). • Mail: Docket Management Facility;
You may examine the AD docket on
ACTION: Supplemental notice of U.S. Department of Transportation, 400
the Internet at http://dms.dot.gov, or in
proposed rulemaking (NPRM); Seventh Street SW., Nassif Building,
person at the Docket Management
reopening of comment period. Room PL–401, Washington, DC 20590.
• Fax: (202) 493–2251. Facility office between 9 a.m. and 5
SUMMARY: The FAA is revising an earlier • Hand Delivery: Room PL–401 on p.m., Monday through Friday, except
proposed airworthiness directive (AD) the plaza level of the Nassif Building, Federal holidays. The Docket
for certain Boeing Model 767–200 and 400 Seventh Street SW., Washington, Management Facility office (telephone
–300 series airplanes. For certain DC, between 9 a.m. and 5 p.m., Monday (800) 647–5227) is located on the plaza
airplanes, the original NPRM would through Friday, except Federal holidays. level in the Nassif Building at the DOT
have required repetitive inspections for Contact Boeing Commercial street address stated in ADDRESSES.
discrepancies of the tube assemblies and Airplanes, P.O. Box 3707, Seattle, Comments will be available in the AD
insulation of the metered fire Washington 98124–2207, for service docket shortly after the Docket
extinguisher system and the bleed air information identified in this proposed Management System receives them.
duct couplings of the auxiliary power AD. Discussion
unit (APU) located in the aft cargo FOR FURTHER INFORMATION CONTACT:
compartment; and corrective actions if Marcia Smith, Aerospace Engineer, We proposed to amend 14 CFR part
necessary. For certain other airplanes, Cabin Safety and Environmental 39 with a notice of proposed rulemaking
the original NPRM would have required Systems Branch, ANM–150S, FAA, (NPRM) for an AD (the ‘‘original
a one-time inspection for sufficient Seattle Aircraft Certification Office, NPRM’’) for certain Boeing Model 767–
clearance between the fire extinguishing 1601 Lind Avenue, SW., Renton, 200 and –300 series airplanes. The
tube and the APU bleed air duct in the Washington 98055–4056; telephone original NPRM was published in the
aft cargo compartment, and (425) 917–6484; fax (425) 917–6590. Federal Register on July 8, 2005 (70 FR
modification if necessary. The original SUPPLEMENTARY INFORMATION: 39433). For certain airplanes, the
NPRM resulted from one report original NPRM proposed to require
indicating that an operator found a hole Comments Invited repetitive inspections for discrepancies
in the discharge tube assembly for the We invite you to submit any relevant of the tube assemblies and insulation of
metered fire extinguishing system; and written data, views, or arguments the metered fire extinguisher system
another report indicating that an regarding this supplemental NPRM. and the bleed air duct couplings of the
operator found chafing of the fire Send your comments to an address auxiliary power unit (APU) located in
extinguishing tube against the APU duct listed in the ADDRESSES section. Include the aft cargo compartment; and
that resulted in a crack in the tube. This the docket number ‘‘Docket No. FAA– corrective actions if necessary. For
action revises the original NPRM by 2005–21748; Directorate Identifier certain other airplanes, the original
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expanding the applicability and adding 2005–NM–071–AD’’ at the beginning of NPRM proposed to require a one-time
an inspection for signs of chafing and to your comments. We specifically invite inspection for sufficient clearance
verify sufficient clearance between the comments on the overall regulatory, between the fire extinguishing tube and
fire extinguisher system and the bleed economic, environmental, and energy the APU bleed air duct in the aft cargo
air duct couplings of the APU. We are aspects of this supplemental NPRM. We compartment, and modification if
proposing this supplemental NPRM to will consider all comments received by necessary.

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32874 Federal Register / Vol. 71, No. 109 / Wednesday, June 7, 2006 / Proposed Rules

Actions Since Original NPRM was Service Bulletin 767–26A0130 will be Request To Clarify Repetitive
Issued issued on September 22, 2005, and it Inspections
Since we issued the original NPRM, wants to make sure that Revision 1 will
be referenced in the supplemental ATA, on behalf of Delta, requests that
Boeing has published Boeing Alert we clarify the repetitive inspections and
Service Bulletin 767–26A0130, Revision NPRM. Japan Airlines has confirmed
with Boeing that, in certain locations, explain why they are necessary.
1, dated December 15, 2005. (The
the clearance between the couplings of Delta states that the inspections
original issue, dated December 2, 2004,
the APU bleed air duct and the fire specified in paragraph (f)(1) of the
was referenced in the original NPRM as
extinguisher tube, as specified in the original NPRM are to be repeated per
the appropriate source of service
original issue of the service bulletin, Boeing Alert Service Bulletin 767–
information for accomplishing certain
does not completely satisfy the 26A0130; however, the inspection
actions.) Revision 1 includes the
requirements in the original NPRM. specified in paragraph (f)(2) of the
following changes to the
We agree with the commenter and, as NPRM, which is to be done per Boeing
Accomplishment Instructions of the
noted above, we have added Boeing Alert Service Bulletin 767–26A0123,
original issue:
Alert Service Bulletin 767–26A0130, does not specify repeating. Delta adds
• Adds airplanes to the effectivity
Revision 1, dated December 15, 2005, to that neither Service Bulletin 767–
and divides affected airplanes into
this supplemental NPRM. 26A0130 or 767–26A0123 recommend
Groups 1 through 7.
• Adds concurrent requirements for Request To Add Certain Requirements accomplishing the inspections on a
Group 3 through 7 airplanes. repetitive basis. Delta notes that both
Air Transport Association (ATA), on service bulletins address a potential
• Adds an inspection for signs of
behalf of Delta Airlines, requests that contact or chafing condition that
chafing and to verify that there is
the original NPRM specify that Boeing appears to be related to relative
sufficient clearance between the fire
Service Bulletin 767–26–0118, Revision installations, and would not be expected
extinguisher system and the bleed air 2, dated December 21, 2004, provides
duct couplings of the APU. to change; therefore, repetitive
terminating action for the actions in inspections are not warranted. Delta
The corrective action includes the
Boeing Alert Service Bulletin 767– adds that the title above paragraph (f) is
following:
• If the clearance between the fire 26A0123, dated August 22, 2002. ‘‘Repetitive Inspections,’’ which would
Delta states that the ‘‘Relevant Service imply that both paragraphs (f)(1) and
extinguisher tube assembly and the
Information’’ paragraph specifies that (f)(2) have repetitive inspection
couplings is insufficient, either repeat
Alert Service Bulletin 767–26A0123,
the inspection or move the assembly so requirements, but only paragraph (f)(1)
refers to Service Bulletin 767–26–0118,
there is a minimum clearance of 0.75 requires repetitive inspections. Delta
Revision 2, as the appropriate source of
inch. does not consider this a condition
service information for accomplishing
• If the fire extinguisher tube where repetitive inspections are
the modification of the fire
assembly shows signs of chafing or required; however, if repetitive
extinguishing tube assembly. Delta adds
contact with the couplings, repair or inspections are warranted, Delta asks for
that the ‘‘Applicability’’ and ‘‘Repetitive
replace any damaged tube assembly clarification of when and why repetitive
Inspections’’ paragraphs do not address
with a new assembly; and move the tube inspections are required.
Service Bulletin 767–26–0118. Delta
assemblies and/or duct couplings to We agree that Service Bulletin 767–
notes that they have scheduled
allow for a minimum clearance of 0.75 modification of its airplanes per Service 26A0123 does not specify repetitive
inch, if clearance is insufficient. The Bulletin 767–26–0118, rather than inspections; however, Service Bulletin
installation of tube assemblies to allow accomplishing the inspections per 767–26A0130 does include repetitive
minimum clearance eliminates the need Service Bulletin 767–26A0123, and then inspections as an option if no chafing or
for the repetitive inspections, provided addressing potential rework. Delta contact with the couplings of the APU
initial inspections and any necessary recommends that we add notes after bleed air duct is found, and support
corrective action have been done. paragraph (f) of the supplemental NPRM provisions are not in the correct
• If the insulation shows signs of location. The other option is to correct
which specify that Service Bulletin 767–
chafing or contact with the couplings, the location as a terminating action. If
26–0118 constitutes terminating action
replace any damaged insulation with the couplings of the APU bleed air duct
for Service Bulletin 767–26A0123.
new insulation. We partially agree. We agree that the and support provisions are correctly
• We have revised paragraph (f) of the installed (installation of the tube
modification specified in Service
supplemental NPRM to refer to Revision assembly in the correct location), and no
Bulletin 767–26–0118 constitutes
1 of the service bulletin, and we have contact or chafing is found, no further
terminating action for the inspections
added a new paragraph (g) to give credit action is required by paragraph (f)(1).
specified in Service Bulletin 767–
for actions done before the effective date We also agree that to better clarify the
26A0123; however, we do not agree to
of the AD per the original service header preceding paragraph (f)
include a note adding that action to the
bulletin. ‘‘Repetitive Inspections’’ it should be
supplemental NPRM. Accomplishing
Comments the modification is an on-condition changed to ‘‘Inspections and Corrective
action and is not required if there is Actions.’’ We have changed the header
We have considered the following
sufficient clearance between the APU preceding paragraph (f) of this
comments on the original NPRM.
duct and the fire extinguisher tube. We supplemental NPRM accordingly.
Support for the Original NPRM do agree to add a note after paragraph Request To Change Work Hours
Boeing concurs with the contents of (f) which specifies that Service Bulletin
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the original NPRM. 767–26–0118 is the appropriate source ATA, on behalf of US Airways,
of service information for accomplishing requests that the work hour estimate be
Request To Add Revised Service the modification of the fire revised and notes that the cost does not
Bulletin extinguishing tube assembly. We have include potentially significant costs that
Japan Airlines states that, according to added Note 1 to this supplemental are dependent on the findings of the
Boeing, Revision 1 of Boeing Alert NPRM accordingly. proposed inspection.

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Federal Register / Vol. 71, No. 109 / Wednesday, June 7, 2006 / Proposed Rules 32875

US Airways does not agree with the airplane and ensure operation of that to provide additional opportunity for
work hour assessment in the original airplane in an airworthy condition, as public comment on this supplemental
NPRM. US Airways states that the required by the Federal Aviation NPRM.
required work hours for the inspections Regulations. In addition, we have
Differences Between the Supplemental
and testing specified in the NPRM removed the cost estimate for the
NPRM and New Service Information
would take a total of 8 work hours, per functional test because that test is only
the referenced service bulletins, accomplished as part of the corrective Boeing Alert Service Bulletin 767–
amounting to a total of $520 per actions. 26A0130, Revision 1, recommends
airplane, not $260 per airplane. US After the original NPRM was issued, concurrently accomplishing the service
Airways notes that the proposed cost of we reviewed the figures we have used bulletins specified in the table below;
compliance does not address the cost of over the past several years to calculate however, this supplemental NPRM
damage findings from the inspections, AD costs to operators. To account for would not include that requirement.
which could add up to 23.5 additional various inflationary costs in the airline The concurrent service bulletins
work hours per airplane, increasing the industry, we found it necessary to describe procedures for installing a
cost up to $1,527 per airplane. increase the labor rate used in these metered fire extinguishing system, but
calculations from $65 per work hour to this proposed AD is only applicable to
We acknowledge the commenters’ $80 per work hour. The Costs of airplanes that already have that system
concerns, but don’t agree to change the Compliance section, below, reflects this installed.
supplemental NPRM. The cost estimate increase in the specified hourly labor
specified in the original NPRM reflects rate. CONCURRENT SERVICE BULLETINS
the work hour estimate provided by the
manufacturer for the inspections and Clarification of Alternative Method of
Boeing service
varies according to the applicable model Compliance (AMOC) Paragraph Group bulletin
or group. Further, we do not agree to We have revised this action to clarify
include the cost of repairing damage the appropriate procedure for notifying 3 ................................ 767–26–0016
findings. Corrective actions are 4 ................................ 767–26–0027
the principal inspector before using any
conditional based on the inspection 5 ................................ 767–26–0034
approved AMOC on any airplane to 6 ................................ 767–26–0058
findings. The information in the Costs of which the AMOC applies. 7 ................................ 767–26–0070
Compliance section in an AD action is
limited to the cost of actions actually FAA’s Determination and Proposed
required by the AD. That section does Requirements of the Supplemental Costs of Compliance
not consider the costs of conditional NPRM There are about 749 airplanes of the
actions (e.g., ‘‘repair, if necessary’’). The changes discussed above expand affected design in the worldwide fleet.
Regardless of AD direction, those the scope of the original NPRM; The following table provides the
actions would be required to correct an therefore, we have determined that it is estimated costs for U.S. operators to
unsafe condition identified in an necessary to reopen the comment period comply with this supplemental NPRM.

ESTIMATED COSTS
Number of
Average Cost per U.S.-reg-
Action Work hours labor rate Parts Fleet cost
airplane istered
per hour airplanes

Inspection in Service Bulletin 767–26A0123 ............................... 1 $80 None $80 292 $23,360
Inspection in Service Bulletin 767–26A0130, Revision 1 ........... 5 80 None 400 292 116,800

Authority for This Rulemaking that is likely to exist or develop on 3. Will not have a significant
products identified in this rulemaking economic impact, positive or negative,
Title 49 of the United States Code action. on a substantial number of small entities
specifies the FAA’s authority to issue under the criteria of the Regulatory
rules on aviation safety. Subtitle I, Regulatory Findings
Flexibility Act.
Section 106, describes the authority of We have determined that this
the FAA Administrator. Subtitle VII, We prepared a regulatory evaluation
proposed AD would not have
Aviation Programs, describes in more of the estimated costs to comply with
Federalism implications under
detail the scope of the Agency’s this supplemental NPRM and placed it
Executive Order 13132. This proposed
authority. in the AD docket. See the ADDRESSES
AD would not have a substantial direct
We are issuing this rulemaking under section for a location to examine the
effect on the States, on the relationship
the authority described in Subtitle VII, regulatory evaluation.
between the national Government and
Part A, Subpart III, Section 44701, the States, or on the distribution of List of Subjects in 14 CFR Part 39
‘‘General requirements.’’ Under that power and responsibilities among the
section, Congress charges the FAA with various levels of government. Air transportation, Aircraft, Aviation
promoting safe flight of civil aircraft in For the reasons discussed above, I safety, Safety.
rwilkins on PROD1PC63 with PROPOSAL

air commerce by prescribing regulations certify that the proposed regulation: The Proposed Amendment
for practices, methods, and procedures 1. Is not a ‘‘significant regulatory
the Administrator finds necessary for action’’ under Executive Order 12866; Accordingly, under the authority
safety in air commerce. This regulation 2. Is not a ‘‘significant rule’’ under the delegated to me by the Administrator,
is within the scope of that authority DOT Regulatory Policies and Procedures the FAA proposes to amend 14 CFR part
because it addresses an unsafe condition (44 FR 11034, February 26, 1979); and 39 as follows:

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32876 Federal Register / Vol. 71, No. 109 / Wednesday, June 7, 2006 / Proposed Rules

PART 39—AIRWORTHINESS service bulletin. Repeat the inspections SUMMARY: Proposed Establishment of
DIRECTIVES thereafter at intervals not to exceed 24 Class E airspace at Mooresville, NC. An
months or 8,000 flight hours, whichever is Area Navigation (RNAV) Global
1. The authority citation for part 39 first. Installation of the tube assembly in the
Positioning System (GPS) Standard
continues to read as follows: correct location, in accordance with the
service bulletin, terminates the repetitive Instrument Approach Procedure (SIAP)
Authority: 49 U.S.C. 106(g), 40113, 44701. inspections for that assembly only. Runway (RWY) 14 has been developed
(2) For airplanes identified in Boeing Alert for Lake Norman Airpark, As a result,
§ 39.13 [Amended]
Service Bulletin 767–26A0123, dated August controlled airspace extending upward
2. The Federal Aviation 22, 2002: Perform a general visual inspection from 700 feet Above Ground Level
Administration (FAA) amends § 39.13 for sufficient clearance between the fire (AGL) is needed to contain the SIAP and
by adding the following new extinguishing tube and the APU duct on the for Instrument Flight Rules (IFR)
airworthiness directive (AD): left sidewall from station 1355 through 1365
operations at Lake Norman Airpark. The
inclusive, and do all applicable
Boeing: Docket No. FAA–2005–21748; modifications, by doing all the actions operating status of the airport will
Directorate Identifier 2005–NM–071–AD. specified in the Accomplishment change from Visual Flight Rules (VFR)
Comments Due Date Instructions of Boeing Alert Service Bulletin to include IFR operations concurrent
767–26A0123, dated August 22, 2002. Do all with the publication of the SIAP.
(a) The FAA must receive comments on
applicable modifications before further flight. DATES: Comments must be received on
this AD action by July 3, 2006.
Note 1: Boeing Alert Service Bulletin 767– or before July 7, 2006.
Affected ADs 26A0123 refers to Boeing Service Bulletin ADDRESSES: Send comments on this
(b) None. 767–26–0118, Revision 2, dated December
21, 2004, as the appropriate source of service
proposal to the Docket Management
Applicability information for accomplishing the System, U.S. Department of
(c) This AD applies to Boeing Model 767– modification of the fire extinguishing tube Transportation, Room Plaza 401, 400
200 and –300 series airplanes; certificated in assembly. Seventh Street, SW., Washington, DC
any category; with a metered fire 2590–0001. You must identify the
extinguisher system in the aft cargo Credit for Actions Accomplished Previously docket number FAA–2005–23075;
compartment. (g) Accomplishing the inspections and Airspace Docket 05–ASO–12, at the
corrective actions required by paragraph beginning of your comments. You may
Unsafe Condition (f)(1) of this AD before the effective date of also submit comments on the Internet at
(d) This AD was prompted by one report this AD, in accordance with Boeing Alert
http://dms.dot.gov. You may review the
indicating that an operator found a hole in Service Bulletin 767–26A0130, dated
the discharge tube assembly for the metered December 2, 2004, is considered acceptable public docket containing the proposal,
fire extinguishing system; and another report for compliance with the corresponding any comments received, and any final
indicating that an operator found chafing of actions in paragraph (f)(1). disposition in person in the Dockets
the fire extinguishing tube against the Office between 9 a.m. and 5 p.m.,
Alternative Methods of Compliance
auxiliary power unit (APU) duct that resulted
(AMOCs)
Monday through Friday, except Federal
in a crack in the tube. We are issuing this AD holidays. The Docket office (telephone
to prevent fire extinguishing agent from (h)(1) The Manager, Seattle Aircraft 1–800–647–5527) is on the plaza level
leaking out of the tube assembly in the aft Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested in of the Department of Transportation
cargo compartment which, in the event of a
accordance with the procedures found in 14 NASSIF Building at the above address.
fire in the aft cargo compartment, could
result in an insufficient concentration of fire CFR 39.19. Any informal docket may also be
extinguishing agent, and consequent inability (2) Before using any AMOC approved in examined during normal business hours
of the fire extinguishing system to suppress accordance with § 39.19 on any airplane to at the office of the Regional Air Traffic
the fire. which the AMOC applies, notify the Division, Federal Aviation
appropriate principal inspector in the FAA Administration, Room 550, 1701
Compliance Flight Standards Certificate Holding District Columbia Avenue, College Park, Georgia
(e) You are responsible for having the Office. 30337.
actions required by this AD performed within Issued in Renton, Washington, on May 26, FOR FURTHER INFORMATION CONTACT:
the compliance times specified, unless the 2006.
actions have already been done. Mark D. Ward, Manager, Airspace and
Jeffrey E. Duven, Operations Branch, Eastern En Route
Inspections and Corrective Actions Acting Manager, Transport Airplane and Oceanic Service Area, Federal
(f) Within 24 months or 8,000 flight hours Directorate, Aircraft Certification Service. Aviation Administration, P.O. Box
after the effective date of this AD, whichever [FR Doc. E6–8823 Filed 6–6–06; 8:45 am] 20636, Atlanta, Georgia 30320;
is first: Accomplish the actions required by BILLING CODE 4910–13–P telephone (404) 305–5627.
paragraphs (f)(1) and (f)(2) of this AD, as
SUPPLEMENTARY INFORMATION:
applicable.
(1) For airplanes identified in Boeing Alert DEPARTMENT OF TRANSPORTATION Comments Invited
Service Bulletin 767–26A0130, Revision 1,
dated December 15, 2005: Perform detailed Interested parties are invited to
Federal Aviation Administration participate in this proposed rulemaking
and general visual inspections for
discrepancies of the fire extinguishing tube by submitting such written data, views
assemblies between STA 1197 and STA 1340, 14 CFR Part 71 or arguments as they may desire.
and the insulation of the metered fire [Docket No. FAA–2006–24858; Airspace Comments that provide the factual basis
extinguisher system and the bleed air duct Docket 06–ASO–8] supporting the views and suggestions
couplings of the APU located in the aft cargo presented are particularly helpful in
compartment, and any applicable corrective
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Proposed Establishment of Class E developing reasoned regulatory


actions, by doing all the applicable actions Airspace; Mooresville, NC
specified in the Accomplishment
decisions on the proposal. Comments
Instructions of Boeing Alert Service Bulletin AGENCY: Federal Aviation are specifically invited on the overall
767–26A0130, Revision 1, dated December Administration (FAA), DOT. regulatory, aeronautical, economic,
15, 2005. Do all applicable corrective actions environmental, and energy-related
ACTION: Notice of proposed rulemaking.
before further flight in accordance with the aspects of the proposal.

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