Airworthiness Directives; Boeing Model 757 Airplanes, 3939-3942 [E7-1203]
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Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Rules and Regulations
Alternative Methods of Compliance
(j) The Manager, Engine Certification
Office, has the authority to approve
alternative methods of compliance for this
AD if requested using the procedures found
in 14 CFR 39.19.
Related Information
(k) Luftfahrt-Bundesamt airworthiness
directive D–1998–055R3, dated December 15,
2003, which was approved by EASA under
approval No. 1869 on December 15, 2003,
also addresses the subject of this AD.
(l) Contact Jason Yang, Aerospace
Engineer, Engine Certification Office, FAA,
Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA
01803; telephone (781) 238–7747, fax (781)
238–7199; e-mail: jason.yang@faa.gov for
more information about this AD.
by reference of the documents listed in Table
1 of this AD in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Contact RollsRoyce Deutschland Ltd & Co KG, Eschenweg
11, D–15827 Dahlewitz, Germany; telephone
49 (0) 33–7086–1768; fax 49 (0) 33–7086–
3356 for a copy of this service information.
You may review copies 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: https://www.archives.gov/federalregister/cfr/ibr-locations.html.
Material Incorporated by Reference
(m) You must use the Rolls-Royce
Deutschland Ltd & Co KG service information
specified in Table 1 to perform the actions
required by this AD. The Director of the
Federal Register approved the incorporation
TABLE 1.—INCORPORATION BY REFERENCE
Service Bulletin No.
Page
Revision
TAY–72–1591, Total Pages: 8 ..................................................................................................
TAY–72–1442, Total Pages: 11 ................................................................................................
Appendix 1 of TAY–72–1442, Total Pages: 4 ...........................................................................
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Issued in Burlington, Massachusetts, on
January 22, 2007.
Peter A. White,
Acting Manager, Engine and Propeller
Directorate, Aircraft Certification Service.
[FR Doc. E7–1218 Filed 1–26–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–25642; Directorate
Identifier 2006–NM–121–AD; Amendment
39–14912; AD 2007–03–01]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 757 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Boeing Model 757 airplanes. This AD
requires inspecting certain power feeder
wire bundles for damage, inspecting the
support clamps for these wire bundles
to determine whether the clamps are
properly installed, and performing
corrective actions if necessary. This AD
results from a report that a power feeder
wire bundle chafed against the number
six auxiliary slat track, causing
electrical wires in the bundle to arc,
which damaged both the auxiliary slat
track and power feeder wires. We are
issuing this AD to prevent arcing that
could be a possible ignition source for
leaked flammable fluids, which could
result in a fire. Arcing could also result
in a loss of power from the generator
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connected to the power feeder wire
bundle, and consequent loss of systems,
which could reduce controllability of
the airplane.
DATES: This AD becomes effective
March 5, 2007.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of March 5, 2007.
ADDRESSES: You may examine the 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., Nassif Building, Room PL–401,
Washington, DC.
Contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
Washington 98124–2207, for the service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT:
Philip Sheridan, Aerospace Engineer,
Systems and Equipment Branch, ANM–
130S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6441; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness
directive (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 street address stated in the
ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
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Date
May 8, 2003.
November 26, 2003.
November 26, 2003.
part 39 to include an AD that would
apply to certain Boeing Model 757
airplanes. That NPRM was published in
the Federal Register on August 21, 2006
(71 FR 48493). That NPRM proposed to
require inspecting certain power feeder
wire bundles for damage, inspecting the
support clamps for these wire bundles
to determine whether the clamps are
properly installed, and performing
corrective actions if necessary.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Request To Clarify Scope of Service
Information
Northwest Airlines (NWA) states that
the service bulletins referred to in the
NPRM indicate that Boeing technical
publication revisions are not required to
support the referenced modification.
NWA adds that, typically, wire bundle
installations are not detailed in Boeing
technical publications; wire bundles are
installed and maintained in accordance
with the Boeing standard wiring
practices manual (SWPM). NWA notes
that the addition of spacers and rivets to
wire bundle support brackets is not
supported by Boeing technical
publications. NWA adds that this
burdens operators with the cost of
developing their own system of
maintaining the required configuration
for continued compliance with the AD.
We infer that the commenter is asking
for clarification of the scope of the
referenced service information regarding
related technical publications.
Regarding the comment on adding
spacers and rivets, the spacers should
already have been installed, and the
purpose of the rivets is to ensure that
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Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Rules and Regulations
the clamp cannot be bolted into the
incorrect hole; the rivets and spacers are
not used to support the wire bundle
bracket. After the rivets and spacers are
installed there should be no further
maintenance necessary; therefore,
compliance with the actions specified in
the service information meets the
requirements of this AD. We have not
changed the AD in this regard.
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Request To Use Minimum Equipment
List (MEL) in Lieu of Repair
NWA asks that paragraph (g) of the
NPRM be changed to allow flight using
the MEL of the system rather than
require repair prior to further flight.
NWA states that the compliance time
specified in paragraph (g) of the NPRM,
and the referenced service bulletins,
requires that the wire bundles be
repaired as necessary per Boeing
SWPM, Chapter 20–10–13, before
further flight. NWA adds that the
integrated drive generator (IDG) MEL
and deviation dispatch guide (DDG),
which disconnects the IDG, could be
safely applied if the conditions found
required significant repairs. NWA notes
that operators could use the limited
MEL time for repair planning and
scheduling.
We do not agree with the commenter.
Disabling an essential system and then
dispatching under the MEL is not an
acceptable alternative method of
compliance. The MEL is provided for
unexpected failures of systems, and is
not a substitute for proper planning to
ensure timely compliance with ADs.
Request To Publish Service
Information/Incorporate by Reference
in NPRM
The Modification and Replacement
Parts Association (MARPA) states that
ADs are based on service information
that originates from the type certificate
holder or its suppliers. MARPA adds
that manufacturer’s service documents
are privately authored instruments,
generally having copyright protection
against duplication and distribution.
MARPA states that when a service
document is incorporated by reference
into a public document, such as an AD,
pursuant to 5 U.S.C. 552(a) and 1 CFR
part 51, it loses its private, protected
status and becomes a public document.
MARPA notes that if a service document
is used as a mandatory element of
compliance it should not simply be
referenced, but should be incorporated
by reference. MARPA believes that
public laws, by definition, should be
public, which means they cannot rely
upon private writings for compliance.
MARPA adds that the legal
interpretation of a document is a
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question of law, not of fact; therefore,
unless the service document is
incorporated by reference it cannot be
considered. MARPA is concerned that
failure to incorporate essential service
information could result in a court
decision invalidating the AD.
MARPA also states that service
documents incorporated by reference
should be made available to the public
by publication in the Docket
Management System (DMS), keyed to
the action that incorporates those
documents. MARPA notes that the
stated purpose of the incorporation by
reference method is brevity, to keep
from expanding the Federal Register
needlessly by publishing documents
already in the hands of the affected
individuals. MARPA adds that,
traditionally, ‘‘affected individuals’’
means aircraft owners and operators,
who are generally provided service
information by the manufacturer.
MARPA adds that a new class of
affected individuals has emerged, since
the majority of aircraft maintenance is
now performed by specialty shops
instead of aircraft owners and operators.
MARPA notes that this new class
includes maintenance and repair
organizations, component servicing,
and/or servicing alternatively certified
parts under section 21.303
(‘‘Replacement and modification parts’’)
of the Federal Aviation Regulations (14
CFR 21.303). MARPA notes that
distribution to owners may, when the
owner is a financing or leasing
institution, not actually reach the
people responsible for accomplishing
the AD. Therefore, MARPA asks that the
service documents deemed essential to
the accomplishment of the NPRM be
incorporated by reference into the
regulatory instrument and published in
DMS.
We understand the commenter’s
concern. The Office of the Federal
Register (OFR) requires that documents
that are necessary to accomplish the
requirements of the AD be incorporated
by reference during the final rule phase
of rulemaking. This AD incorporates by
reference the document necessary for
the accomplishment of the requirements
mandated by this AD. Further, we point
out that while documents that are
incorporated by reference do become
public information, as noted by the
commenter, they do not lose their
copyright protection. For that reason,
we advise the public to contact the
manufacturer to obtain copies of the
referenced service information.
In regard to MARPA’s request to post
service bulletins on the Department of
Transportation’s DMS, we are currently
in the process of reviewing issues
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surrounding the posting of service
bulletins on the DMS as part of an AD
docket. Once we have thoroughly
examined all aspects of this issue and
have made a final determination, we
will consider whether our current
practice needs to be revised. No change
to the AD is necessary in response to
this comment.
Request To Change Costs of Compliance
Section
NWA asks that we change the Costs
of Compliance section of the NPRM.
NWA states that the NPRM specifies
that the proposed actions would require
2 work hours per airplane. NWA adds
that this is inconsistent with the work
hours given in Boeing Service Bulletin
757–24–0105, Revision 2, dated April
20, 2006 (referred to in the NPRM as one
source of service information for
accomplishing the specified actions).
The service bulletin specifies 8 work
hours for Group 1 airplanes and 7.5
work hours for Group 2 airplanes.
We do not agree to increase the work
hours required to do the inspections.
The costs of compliance that are
discussed in AD rulemaking actions
represent only the time necessary to
perform the specific actions actually
required by the AD. In this case, the
only actions required by the AD for all
airplanes are the inspections. The costs
of compliance also typically do not
include incidental costs, such as the
time required to gain access and close
up, planning time, or time necessitated
by other administrative actions. We
have made no change to the AD in this
regard.
Conclusion
We have carefully reviewed the
available data, including the comments
received, and determined that air safety
and the public interest require adopting
the AD as proposed.
Costs of Compliance
There are about 902 airplanes of the
affected design in the worldwide fleet.
This AD affects about 631 airplanes of
U.S. registry. The actions take about 2
work hours per airplane, at an average
labor rate of $80 per work hour. Based
on these figures, the estimated cost of
the AD for U.S. operators is $100,960, or
$160 per airplane.
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
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Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Rules and Regulations
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.
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.
Regulatory Findings
List of Subjects in 14 CFR Part 39
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.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Effective Date
(a) This AD becomes effective March 5,
2007.
Affected ADs
(b) None.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
2007–03–01 Boeing: Amendment 39–14912.
Docket No. FAA–2006–25642;
Directorate Identifier 2006–NM–121–AD.
Applicability
(c) This AD applies to Boeing Model 757–
200, –200PF, –200CB, and –300 series
airplanes; certificated in any category; as
identified in the service bulletins listed in
Table 1 of this AD.
TABLE 1.—APPLICABILITY
Airplane model
Boeing Special
Attention Service Bulletin
757–200, –200PF, –200CB series ..............................................................................
757–300 series ............................................................................................................
757–24–0105
757–24–0106
Unsafe Condition
(d) This AD results from a report that a
power feeder wire bundle chafed against the
number six auxiliary slat track, causing
electrical wires in the bundle to arc, which
damaged both the auxiliary slat track and
power feeder wires. We are issuing this AD
to prevent arcing that could be a possible
ignition source for leaked flammable fluids,
which could result in a fire. Arcing could
also result in a loss of power from the
generator connected to the power feeder wire
bundle, and consequent loss of systems,
which could reduce controllability of the
airplane.
the compliance times specified, unless the
actions have already been done.
Service Bulletin Reference
(f) The term ‘‘service bulletin,’’ as used in
this AD, means the Accomplishment
Instructions of the following service
bulletins, as applicable:
(1) For Model 757–200, –200PF, and
–200CB series airplanes: Boeing Special
Attention Service Bulletin 757–24–0105,
Revision 2, dated April 20, 2006; and
(2) For Model 757–300 series airplanes:
Boeing Special Attention Service Bulletin
757–24–0106, Revision 2, dated April 20,
2006.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
One-Time Inspections and Corrective
Actions
(g) Within 24 months after the effective
date of this AD, perform a general visual
Revision
level
Date
2
2
April 20, 2006.
April 20, 2006.
inspection for damage (including but not
limited to chafing) of power feeder wire
bundles W3312 and W3412 at front spar
station 148.90 in the left and right wings, and
a general visual inspection of the support
clamps for those power feeder wire bundles
to determine whether the clamps are
properly installed, and, before further flight,
do all applicable corrective actions. Do these
actions by doing all of the applicable actions
in the applicable service bulletin.
Actions Accomplished Previously
(h) Inspections and corrective actions done
before the effective date of this AD in
accordance with the service information
listed in Table 2 of this AD are acceptable for
compliance with the corresponding actions
required by this AD.
TABLE 2.—OTHER ACCEPTABLE SERVICE BULLETIN REVISIONS
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Boeing Special Attention Service Bulletin
757–24–0105
757–24–0105
757–24–0106
757–24–0106
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Revision level
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Date
September 30, 2004.
June 23, 2005.
September 30, 2004.
June 23, 2005.
3942
Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Rules and Regulations
Special Flight Permit
(i) Special flight permits may be issued in
accordance with sections 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, provided that the
generator served by the power feeder wire
bundles specified in paragraph (g) of this AD
is disconnected.
Alternative Methods of Compliance
(AMOCs)
(j)(1) 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.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
Material Incorporated by Reference
(k) You must use Boeing Special Attention
Service Bulletin 757–24–0105, Revision 2,
dated April 20, 2006; and Boeing Special
Attention Service Bulletin 757–24–0106,
Revision 2, dated April 20, 2006; as
applicable; to perform the actions that are
required by this AD, unless the AD specifies
otherwise. The Director of the Federal
Register approved the incorporation by
reference of these documents in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Boeing Commercial Airplanes, P.O.
Box 3707, Seattle, Washington 98124–2207,
for a copy of this service information. You
may review copies at the Docket Management
Facility, U.S. Department of Transportation,
400 Seventh Street, SW., Room PL–401,
Nassif Building, Washington, DC; on the
Internet at https://dms.dot.gov; or at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at the NARA,
call (202) 741–6030, or go to https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on January
18, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–1203 Filed 1–26–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 254
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RIN 2105–AD62
[Docket OST–2007–27020]
Domestic Baggage Liability
Department of Transportation
(DOT), Office of the Secretary (OST).
AGENCY:
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14:38 Jan 26, 2007
Jkt 211001
ACTION:
Final Rule.
SUMMARY: In accordance with the
provisions of 14 CFR 254.6, this final
rule revises the minimum limit on
domestic baggage liability applicable to
air carriers to reflect inflation since July
2004, the year of the most recent
revision to the liability limit. Section
254.6 requires that the Department
periodically revise the limit to reflect
changes in the Consumer Price Index.
The rule adjusts the minimum limit of
liability from the current amount of
$2,800, set by the Department in 2004,
to $3,000, to take into account the
changes in consumer prices since the
prior revision.
EFFECTIVE DATE: This rule is effective on
February 28, 2007.
FOR FURTHER INFORMATION CONTACT:
Nicholas Lowry, Senior Attorney, Office
of Aviation Enforcement and
Proceedings (C–70), Department of
Transportation, 400 Seventh St., SW.,
Washington, DC 20590; (202) 366–9351.
SUPPLEMENTARY INFORMATION:
I. Supplementary Information
14 CFR Part 254 establishes minimum
baggage liability limits applicable to
domestic air service, currently $2,800
per passenger (See 69 FR 56693,
September 22, 2004). Provisions of 14
CFR 254.6 require that the Department
periodically review the minimum limit
of liability prescribed in Part 254 in
light of changes in the Consumer Price
Index for Urban Consumers and directs
the Department to revise the limit of
liability to reflect changes in the price
index that have occurred in the interim.
Section 254.6 prescribes the use of a
specific formula to calculate the revised
minimum liability amount when
making these periodic adjustments.
Applying the formula to price index
changes occurring between July 2004
and July 2006, the appropriate inflation
adjustment is $2,500 x 203.5/168.3, or
$3022.87. The provision requires us to
round the adjustment to the nearest
$100, or to $3,000.
II. Waiver of Rulemaking Procedural
Requirements
With this final rule, we are waiving
the usual notice of proposed rulemaking
and public comment procedures set
forth in the Administrative Procedure
Act (APA) (5 U.S.C. 553). The APA
allows agencies to dispense with such
procedures on finding of good cause
when they are impracticable,
unnecessary or contrary to the public
interest. We have determined that under
5 U.S.C. 553 (b)(3)(B) good cause exists
for dispensing with the notice of
proposed rulemaking and public
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comment procedures for this rule. This
rulemaking is required by regulation,
based on a formula, and provides for no
discretion. Accordingly, we believe
comment is unnecessary and contrary to
the public interest, and we are issuing
this revision as a final rule.
Although this final rule will become
effective in 30 days, the Department will
defer enforcement of the notice
provision in the revised rule, as it
pertains to written notice of the new
limit, for a reasonable time period to
allow carriers to replace or correct their
current paper ticket stock and envelopes
so as to provide proper written notice of
the increased minimum liability limit
without imposing an undue burden.
Carriers are, however, subject to
enforcement action from the effective
date of this final rule if they otherwise
fail to provide proper notice of the
$3,000 liability limit or fail to apply the
new limit, as appropriate.
III. Regulatory Impact Statement
Executive Order 12866
This final rule has been evaluated in
accordance with the existing policies
and procedures and is considered not
significant under both Executive Order
12866 and DOT’s Regulatory Policies
and Procedures. It was not reviewed by
the Office of Management and Budget.
Based on the limited data available to
the Department, the increase in the
minimum baggage liability limit from
$2,800 to $3,000 per passenger may
result in U.S. carriers paying total
additional reimbursements to
consumers of approximately $2.6
million per year.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980
(5 U.S.C. 601–612) does not apply to
this rulemaking because we are not
required to issue a notice of proposed
rulemaking. However, we note that this
revision of 14 CFR Part 254 provides for
a minimal increase in the amount of the
minimum baggage liability limit that air
carriers may incur in cases of lost or
damaged baggage. It will pose minor
additional costs only in those instances
in which carriers lose or damage
baggage, or delay delivering baggage to
the traveler, and it affects only carriers
operating large aircraft or those carriers
operating small aircraft interlining with
such carriers. As a result, many
operations of small entities, such as
small air taxis and commuter air
carriers, are not covered by the rule.
Moreover, any additional costs for small
entities associated with the rule should
be minimal and may be covered by
insurance.
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]]>Agencies
[Federal Register Volume 72, Number 18 (Monday, January 29, 2007)]
[Rules and Regulations]
[Pages 3939-3942]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1203]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25642; Directorate Identifier 2006-NM-121-AD;
Amendment 39-14912; AD 2007-03-01]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 757 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Boeing Model 757 airplanes. This AD requires inspecting certain
power feeder wire bundles for damage, inspecting the support clamps for
these wire bundles to determine whether the clamps are properly
installed, and performing corrective actions if necessary. This AD
results from a report that a power feeder wire bundle chafed against
the number six auxiliary slat track, causing electrical wires in the
bundle to arc, which damaged both the auxiliary slat track and power
feeder wires. We are issuing this AD to prevent arcing that could be a
possible ignition source for leaked flammable fluids, which could
result in a fire. Arcing could also result in a loss of power from the
generator connected to the power feeder wire bundle, and consequent
loss of systems, which could reduce controllability of the airplane.
DATES: This AD becomes effective March 5, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of March 5, 2007.
ADDRESSES: You may examine the 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., Nassif Building,
Room PL-401, Washington, DC.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for the service information identified in this
AD.
FOR FURTHER INFORMATION CONTACT: Philip Sheridan, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6441; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.
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
757 airplanes. That NPRM was published in the Federal Register on
August 21, 2006 (71 FR 48493). That NPRM proposed to require inspecting
certain power feeder wire bundles for damage, inspecting the support
clamps for these wire bundles to determine whether the clamps are
properly installed, and performing corrective actions if necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request To Clarify Scope of Service Information
Northwest Airlines (NWA) states that the service bulletins referred
to in the NPRM indicate that Boeing technical publication revisions are
not required to support the referenced modification. NWA adds that,
typically, wire bundle installations are not detailed in Boeing
technical publications; wire bundles are installed and maintained in
accordance with the Boeing standard wiring practices manual (SWPM). NWA
notes that the addition of spacers and rivets to wire bundle support
brackets is not supported by Boeing technical publications. NWA adds
that this burdens operators with the cost of developing their own
system of maintaining the required configuration for continued
compliance with the AD.
We infer that the commenter is asking for clarification of the
scope of the referenced service information regarding related technical
publications. Regarding the comment on adding spacers and rivets, the
spacers should already have been installed, and the purpose of the
rivets is to ensure that
[[Page 3940]]
the clamp cannot be bolted into the incorrect hole; the rivets and
spacers are not used to support the wire bundle bracket. After the
rivets and spacers are installed there should be no further maintenance
necessary; therefore, compliance with the actions specified in the
service information meets the requirements of this AD. We have not
changed the AD in this regard.
Request To Use Minimum Equipment List (MEL) in Lieu of Repair
NWA asks that paragraph (g) of the NPRM be changed to allow flight
using the MEL of the system rather than require repair prior to further
flight. NWA states that the compliance time specified in paragraph (g)
of the NPRM, and the referenced service bulletins, requires that the
wire bundles be repaired as necessary per Boeing SWPM, Chapter 20-10-
13, before further flight. NWA adds that the integrated drive generator
(IDG) MEL and deviation dispatch guide (DDG), which disconnects the
IDG, could be safely applied if the conditions found required
significant repairs. NWA notes that operators could use the limited MEL
time for repair planning and scheduling.
We do not agree with the commenter. Disabling an essential system
and then dispatching under the MEL is not an acceptable alternative
method of compliance. The MEL is provided for unexpected failures of
systems, and is not a substitute for proper planning to ensure timely
compliance with ADs.
Request To Publish Service Information/Incorporate by Reference in NPRM
The Modification and Replacement Parts Association (MARPA) states
that ADs are based on service information that originates from the type
certificate holder or its suppliers. MARPA adds that manufacturer's
service documents are privately authored instruments, generally having
copyright protection against duplication and distribution. MARPA states
that when a service document is incorporated by reference into a public
document, such as an AD, pursuant to 5 U.S.C. 552(a) and 1 CFR part 51,
it loses its private, protected status and becomes a public document.
MARPA notes that if a service document is used as a mandatory element
of compliance it should not simply be referenced, but should be
incorporated by reference. MARPA believes that public laws, by
definition, should be public, which means they cannot rely upon private
writings for compliance. MARPA adds that the legal interpretation of a
document is a question of law, not of fact; therefore, unless the
service document is incorporated by reference it cannot be considered.
MARPA is concerned that failure to incorporate essential service
information could result in a court decision invalidating the AD.
MARPA also states that service documents incorporated by reference
should be made available to the public by publication in the Docket
Management System (DMS), keyed to the action that incorporates those
documents. MARPA notes that the stated purpose of the incorporation by
reference method is brevity, to keep from expanding the Federal
Register needlessly by publishing documents already in the hands of the
affected individuals. MARPA adds that, traditionally, ``affected
individuals'' means aircraft owners and operators, who are generally
provided service information by the manufacturer. MARPA adds that a new
class of affected individuals has emerged, since the majority of
aircraft maintenance is now performed by specialty shops instead of
aircraft owners and operators. MARPA notes that this new class includes
maintenance and repair organizations, component servicing, and/or
servicing alternatively certified parts under section 21.303
(``Replacement and modification parts'') of the Federal Aviation
Regulations (14 CFR 21.303). MARPA notes that distribution to owners
may, when the owner is a financing or leasing institution, not actually
reach the people responsible for accomplishing the AD. Therefore, MARPA
asks that the service documents deemed essential to the accomplishment
of the NPRM be incorporated by reference into the regulatory instrument
and published in DMS.
We understand the commenter's concern. The Office of the Federal
Register (OFR) requires that documents that are necessary to accomplish
the requirements of the AD be incorporated by reference during the
final rule phase of rulemaking. This AD incorporates by reference the
document necessary for the accomplishment of the requirements mandated
by this AD. Further, we point out that while documents that are
incorporated by reference do become public information, as noted by the
commenter, they do not lose their copyright protection. For that
reason, we advise the public to contact the manufacturer to obtain
copies of the referenced service information.
In regard to MARPA's request to post service bulletins on the
Department of Transportation's DMS, we are currently in the process of
reviewing issues surrounding the posting of service bulletins on the
DMS as part of an AD docket. Once we have thoroughly examined all
aspects of this issue and have made a final determination, we will
consider whether our current practice needs to be revised. No change to
the AD is necessary in response to this comment.
Request To Change Costs of Compliance Section
NWA asks that we change the Costs of Compliance section of the
NPRM. NWA states that the NPRM specifies that the proposed actions
would require 2 work hours per airplane. NWA adds that this is
inconsistent with the work hours given in Boeing Service Bulletin 757-
24-0105, Revision 2, dated April 20, 2006 (referred to in the NPRM as
one source of service information for accomplishing the specified
actions). The service bulletin specifies 8 work hours for Group 1
airplanes and 7.5 work hours for Group 2 airplanes.
We do not agree to increase the work hours required to do the
inspections. The costs of compliance that are discussed in AD
rulemaking actions represent only the time necessary to perform the
specific actions actually required by the AD. In this case, the only
actions required by the AD for all airplanes are the inspections. The
costs of compliance also typically do not include incidental costs,
such as the time required to gain access and close up, planning time,
or time necessitated by other administrative actions. We have made no
change to the AD in this regard.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD as proposed.
Costs of Compliance
There are about 902 airplanes of the affected design in the
worldwide fleet. This AD affects about 631 airplanes of U.S. registry.
The actions take about 2 work hours per airplane, at an average labor
rate of $80 per work hour. Based on these figures, the estimated cost
of the AD for U.S. operators is $100,960, or $160 per airplane.
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
[[Page 3941]]
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):
2007-03-01 Boeing: Amendment 39-14912. Docket No. FAA-2006-25642;
Directorate Identifier 2006-NM-121-AD.
Effective Date
(a) This AD becomes effective March 5, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 757-200, -200PF, -200CB, and
-300 series airplanes; certificated in any category; as identified
in the service bulletins listed in Table 1 of this AD.
Table 1.--Applicability
----------------------------------------------------------------------------------------------------------------
Boeing Special
Attention Revision
Airplane model Service level Date
Bulletin
----------------------------------------------------------------------------------------------------------------
757-200, -200PF, -200CB series.................. 757-24-0105 2 April 20, 2006.
757-300 series.................................. 757-24-0106 2 April 20, 2006.
----------------------------------------------------------------------------------------------------------------
Unsafe Condition
(d) This AD results from a report that a power feeder wire
bundle chafed against the number six auxiliary slat track, causing
electrical wires in the bundle to arc, which damaged both the
auxiliary slat track and power feeder wires. We are issuing this AD
to prevent arcing that could be a possible ignition source for
leaked flammable fluids, which could result in a fire. Arcing could
also result in a loss of power from the generator connected to the
power feeder wire bundle, and consequent loss of systems, which
could reduce 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.
Service Bulletin Reference
(f) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of the following service bulletins, as
applicable:
(1) For Model 757-200, -200PF, and -200CB series airplanes:
Boeing Special Attention Service Bulletin 757-24-0105, Revision 2,
dated April 20, 2006; and
(2) For Model 757-300 series airplanes: Boeing Special Attention
Service Bulletin 757-24-0106, Revision 2, dated April 20, 2006.
One-Time Inspections and Corrective Actions
(g) Within 24 months after the effective date of this AD,
perform a general visual inspection for damage (including but not
limited to chafing) of power feeder wire bundles W3312 and W3412 at
front spar station 148.90 in the left and right wings, and a general
visual inspection of the support clamps for those power feeder wire
bundles to determine whether the clamps are properly installed, and,
before further flight, do all applicable corrective actions. Do
these actions by doing all of the applicable actions in the
applicable service bulletin.
Actions Accomplished Previously
(h) Inspections and corrective actions done before the effective
date of this AD in accordance with the service information listed in
Table 2 of this AD are acceptable for compliance with the
corresponding actions required by this AD.
Table 2.--Other Acceptable Service Bulletin Revisions
------------------------------------------------------------------------
Boeing Special Attention Service
Bulletin Revision level Date
------------------------------------------------------------------------
757-24-0105...................... Original.......... September 30,
2004.
757-24-0105...................... 1................. June 23, 2005.
757-24-0106...................... Original.......... September 30,
2004.
757-24-0106...................... 1................. June 23, 2005.
------------------------------------------------------------------------
[[Page 3942]]
Special Flight Permit
(i) Special flight permits may be issued in accordance with
sections 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, provided that the
generator served by the power feeder wire bundles specified in
paragraph (g) of this AD is disconnected.
Alternative Methods of Compliance (AMOCs)
(j)(1) 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.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Material Incorporated by Reference
(k) You must use Boeing Special Attention Service Bulletin 757-
24-0105, Revision 2, dated April 20, 2006; and Boeing Special
Attention Service Bulletin 757-24-0106, Revision 2, dated April 20,
2006; as applicable; to perform the actions that are required by
this AD, unless the AD specifies otherwise. The Director of the
Federal Register approved the incorporation by reference of these
documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for a copy of this service information. You
may review copies at the Docket Management Facility, U.S. Department
of Transportation, 400 Seventh Street, SW., Room PL-401, Nassif
Building, Washington, DC; on the Internet at https://dms.dot.gov; or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at the NARA, call
(202) 741-6030, or go to https://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on January 18, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-1203 Filed 1-26-07; 8:45 am]
BILLING CODE 4910-13-P
