Examining the Docket \n\n\tYou may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. \n\nDiscussion \n\n\tThe FAA issued a supplemental 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 -300 series airplanes. That supplemental NPRM was published in the Federal Register on June 7, 2006 (71 FR 32873). For certain airplanes, that supplemental NPRM proposed to require repetitive inspections for discrepancies of the tube assemblies and insulation of the metered fire extinguisher system and the bleed air duct couplings of the auxiliary power unit (APU) located in the aft cargocompartment; and corrective actions if necessary. For certain other airplanes, that supplemental NPRM proposed to require a one-time inspection for sufficient clearance between the fire extinguishing tube and the APU bleed air duct in the aft cargo compartment, and modification if necessary. That supplemental NPRM also proposed to require an inspection for signs of chafing and to verify sufficient clearance between the fire extinguisher system and the bleed air duct couplings of the APU. \n\nComments \n\n\tWe provided the public the opportunity to participate in the development of this AD. We have considered the comments received. \n\nRequest To Refer to Latest Revision of Service Bulletin \n\n\tBoeing, the Air Transport Association (ATA), on behalf of American Airlines, and Japan Airlines ask that we refer to Boeing Service Bulletin 767-26A0130, Revision 2, dated October 31, 2006, in the final rule. We referred to Revision 1 of the service bulletin dated December 15, 2005, as the appropriate source of service information for doing certain actions specified in the supplemental NPRM. Japan Airlines states that Revision 1 includes incorrect requirements, and asks that Revision 2 be included in the final rule to correct the specified requirements. Japan Airlines adds that if the final rule is issued before issuance of Revision 2 of the service bulletin, the mistakes (included in Japan Airlines comments) should be corrected in the final rule. Boeing states that inclusion of Revision 2 will avoid issuance of a future supplemental NPRM. American Airlines indicates that Boeing provided it with information acknowledging that Revision 1 would be revised and released in the second quarter of 2006. American Airlines recommends that Revision 2 refer to the APU duct couplings only, not both the APU duct and the APU duct couplings. \n\n\tWe agree to refer to Revision 2 of the service bulletin in paragraph (f)(1) of the AD. Revision 2 does the following: \n\n\tCorrects certain stationnumbers. \n\n\tAdds clarification procedures for moving the fire extinguisher tube, and clarifies the inspection and repair of the fire extinguisher tube. \n\n\tClarifies certain procedures specified in Figures 3 through 12, 15, and 16. \n\n\tAdds Figures 19 and 20 to clarify clamp removal and installation. \n\n\tAdds manpower requirements for Figures 19 and 20. \n\n\tRevision 2 also refers to the APU duct couplings instead of both the APU duct and the APU duct couplings in certain sections of the Accomplishment Instructions. We have revised the AD to refer to Revision 2 of the service bulletin as the appropriate source of service information for doing certain actions. We have also revised paragraph (g) of this AD to add credit for actions done before the effective date of this AD in accordance with Boeing Alert Service Bulletin 767- 26A0130, Revision 1, dated December 15, 2005. We acknowledge that there were errors in certain procedures specified in Revision 1, but those errors did not prevent accomplishing the inspections and any applicable corrective actions in a manner that would address the identified unsafe condition. \n\nRequest to Change Note 1 \n\n\tThe ATA, on behalf of its member Delta Airlines, asks that Note 1 of the supplemental NPRM be changed to omit the revision level of Boeing Service Bulletin 767-26-0118, Revision 2, dated December 21, 2004, so it matches the reference to Boeing Alert Service Bulletin 767- 26A0123. \n\n\tWe partially agree with the request. In Note 1 of the supplemental NPRM Boeing Alert Service Bulletin 767-26A0123, without a date or revision level, referred to Boeing Service Bulletin 767-26-0118, Revision 2, dated December 21, 2004, as the appropriate source of service information for accomplishing the modification of the fire extinguishing tube assembly. Since the AD must specify a revision level and date in the requirements, in lieu of removing the revision level and date for Boeing Service Bulletin 767-26-0118, we have removed Note1 and added a new paragraph (f)(2)(ii) to the AD. Paragraph (f)(2)(ii) requires accomplishing the modification of the fire extinguishing tube assembly in accordance with Boeing Service Bulletin 767-26-0118, Revision 2, dated December 21, 2004. We have also added a new paragraph (h) to this AD (and re-identified subsequent paragraphs) to include credit for previously accomplishing the actions specified in Boeing Service Bulletin 767-26-0118, dated June 20, 2002, or Revision 1, dated October 3, 2002. \n\nClarification Made to This AD \n\n\tWe have changed paragraph (f)(1) of this AD to clarify the station numbers for the fire extinguishing tube assemblies. Paragraph (f)(1) of the supplemental NPRM proposed to require performing detailed and general visual inspections for discrepancies of the fire extinguishing tube assemblies between STA 1197 and STA 1340. Those station numbers were incorrectly specified in the Summary section of Revision 1 of the service bulletin. However, paragraph (f)(1) specifies doing the actions in accordance with the Accomplishment Instructions of the service bulletin, and the correct station numbers (STA 1140 and STA 1340) are specified in the Accomplishment Instructions of both Revisions 1 and 2 of the referenced service bulletin. We inadvertently specified STA 1197 in paragraph (f)(1), and we have corrected that error accordingly. \n\nConclusion \n\n\tWe have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. These changes will neither increase the economic burden on any operator nor increase the scope of the AD. \n\nCosts of Compliance \n\n\tThere are about 749 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. \n\n\tEstimated Costs \n\n\nAction\nWork hours\nAverage labor rate per hour\nParts\nCost per airplaneNumber of U.S.-registered airplanes\nFleet cost\nInspection in Service Bulletin 767-26A0123\n1\n$80\nNone\n$80\n292\n$23,360\nInspection in Service Bulletin 767-26A0130, Revision 2\n5\n$80\nNone\n$400\n292\n$116,800\n\n\nAuthority for This Rulemaking \n\n\tTitle 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. \n\n\tWe 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 conditionthat is likely to exist or develop on products identified in this rulemaking action. \n\nRegulatory Findings \n\n\tWe 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. \n\n\tFor the reasons discussed above, I certify that this AD: \n\n\t(1) Is not a "significant regulatory action'' under Executive Order 12866; \n\n\t(2) Is not a "significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and \n\n\t(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. \n\n\tWe 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. \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. \n\nAdoption of the Amendment \n\nAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n1. The authority citation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\nSec. 39.13 (Amended) \n\n2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by adding the following new airworthiness directive (AD):