AD 2002-11-11

[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Rules and Regulations]
[Pages 39265-39267]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 02-14129]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-133-AD; Amendment 39-12772; AD 2002-11-11]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200, -300, and -300F 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Boeing Model 767-200, -300, and -300F series 
airplanes. This action requires an inspection of visually accessible 
areas for indications of overheating of the heater tape attached to the 
potable water fill and drain lines in the forward and aft cargo 
compartments, exposed foam insulation or missing or damaged protective 
tape around the potable water fill and drain lines, and debris or 
contaminants on or near the potable water fill and drain lines. It also 
requires corrective action, as necessary. This action is necessary to 
prevent overheating of the heater tape on potable water fill and drain 
lines, which may ignite accumulated debris or contaminants on or near 
the potable water fill and drain lines, resulting in a fire in the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Effective June 24, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 24, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before August 6, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-133-AD, 1601 Lind Avenue, SW.,

[[Page 39266]]

Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
<a href="/cdn-cgi/l/email-protection#b0899dd1dedd9dd9d1c2d3dfddddd5dec4f0d6d1d19ed7dfc6"><span class="__cf_email__" data-cfemail="7e47531f101353171f0c1d1113131b100a3e181f1f50191108">[email&#160;protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-133-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in this AD may be obtained from 
Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 
98124-2207. This information may be examined at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Donald Eiford, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2788; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: The FAA has received a report of a fire in 
the aft cargo compartment of a Boeing Model 767 series airplane. The 
fire was detected and extinguished. Investigation by the operator of 
the airplane indicated that heater tape on a water fill line 
overheated, igniting debris accumulated on or near the heater tape. The 
operator also inspected several other airplanes and found heater tape 
which failed a continuity test, evidence of heat damage on foam 
insulation or protective tape, and similar accumulated debris on or 
near heater tape in potable water fill and drain lines in both the 
forward and aft cargo compartments. This combination of failed heater 
tape on the potable water fill and drain lines and the accumulation of 
ignitable debris or contamination on or near one of those lines, if 
left uncorrected, may lead to a fire in the airplane.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
767-30A0037, dated May 28, 2002, which describes procedures for the 
following:
    <bullet> Inspection of visually accessible areas in the forward and 
aft cargo compartments for accumulated debris and contaminants on or 
near the potable water fill and drain lines and removal of such debris 
or contaminants;
    <bullet> Inspection of visually accessible portions of the potable 
water fill and drain lines in the forward and aft cargo compartments 
for indications of overheating of the heater tape and replacement of 
heater tape where such indications are found; and
    <bullet> Inspection of visually accessible portions of the potable 
water fill and drain lines in the forward and aft cargo compartments or 
missing or damaged protective tape or exposed foam insulation and 
replacement of the missing or damaged protective tape.

Explanation of the Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, this AD is 
being issued to prevent a fire in the airplane due to overheating of 
the heater tape on potable water fill and drain lines, which may ignite 
combustible debris. This AD requires accomplishment of the actions 
specified in the service bulletin described previously, except as 
specified below.
    The FAA is investigating the extent to which the heater tape 
addressed in this AD is used on other Boeing airplane models and may 
consider additional rulemaking based on our findings.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Submit comments using the following format:
    <bullet> Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    <bullet> For each issue, state what specific change to the AD is 
being requested.
    <bullet> Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-133-AD.'' The postcard will be date stamped 
and returned to the commenter.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy

[[Page 39267]]

of it, if filed, may be obtained from the Rules Docket at the location 
provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

2002-11-11  Boeing: Amendment 39-12772. Docket 2002-NM-133-AD.

    Applicability: Model 767-200, -300, and -300F series airplanes 
with non-fully-enclosed cargo floors in the lower cargo areas; 
certificated in any category. A fully enclosed cargo floor is a 
floor with panels installed between all roller trays in the cargo 
compartment. A non-fully-enclosed cargo floor is a floor without 
panels installed between all roller trays in the cargo compartment.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent a fire in the airplane due to overheating of heater 
tape on potable water lines and drain lines, which may ignite 
combustible debris or contaminants which have accumulated on or near 
the potable water and drain lines, accomplish the following:

Compliance Time

    (a) Within 18 months after date of delivery of the airplane, or 
within 90 days after the effective date of this AD, whichever occurs 
later: Accomplish paragraphs (b) and (c) of this AD.

Removal of Debris

    (b) Perform a one-time general visual inspection for foreign 
object debris (FOD) or contamination in visually accessible areas on 
or near potable water and drain lines located below the cargo floor 
in the forward and aft cargo compartments, in accordance with Boeing 
Alert Service Bulletin 767-30A0037, dated May 28, 2002. If FOD or 
contamination is observed on or near the potable water or drain 
lines, prior to further flight, remove it in accordance with the 
service bulletin.

    Note 2: The visual inspection of potable water and drain lines 
in visually accessible areas does not require removal of floor 
panels.


    Note 3: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Inspection of Potable Water and Drain Lines

    (c) As indicated in paragraphs (c)(1) and (c)(2) of this AD, 
perform a general visual inspection of visually accessible areas for 
discrepancies of potable water and drain lines located below the 
cargo floor in the forward and aft cargo compartments, in accordance 
with Boeing Alert Service Bulletin 767-30A0037, dated May 28, 2002.
    (1) Inspect potable water and drain lines for indications of 
overheating of the heater tape, such as localized darkening of foam 
insulation or protective tape. If such an indication of overheating 
is observed, prior to further flight, replace the defective heater 
tape in accordance with the service bulletin, removing floor panels 
as necessary to replace the defective heater tape.
    (2) Inspect potable water and drain lines for missing or damaged 
protective tape and exposed foam insulation. If exposed foam 
insulation is observed, prior to further flight, cover the foam 
insulation with a continuous wrap of protective tape, in accordance 
with the service bulletin. If protective tape is observed to be 
missing or damaged, prior to further flight, replace the protective 
tape in accessible areas in accordance with the service bulletin. It 
is not necessary to remove floor panels to replace the protective 
tape.

Alternative Methods of Compliance

    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Seattle ACO.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (e) Special flight permits may be issued in accordance with 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished.

Incorporation by Reference

    (f) The actions shall be done in accordance with Boeing Alert 
Service Bulletin 767-30A0037, dated May 28, 2002. This incorporation 
by reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, 
Seattle, Washington 98124-2207. Copies may be inspected at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

Effective Date

    (g) This amendment becomes effective on June 24, 2002.

    Issued in Renton, Washington, on May 29, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-14129 Filed 6-6-02; 8:45 am]
BILLING CODE 4910-13-P