Airworthiness Directives; Boeing Model 747-400 Series Airplanes, 7563-7566 [E7-2511]
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Federal Register / Vol. 72, No. 32 / Friday, February 16, 2007 / Rules and Regulations
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
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
2007–04–09 Empresa Brasileira De
Aeronautica S.A. (Embraer):
Amendment 39–14941. FAA–2006–
25892; Directorate Identifier 2006–NM–
120–AD.
Effective Date
(a) This AD becomes effective March 23,
2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model
EMB–135BJ, –135ER, –135KE, –135KL, and
–135LR airplanes; and Model EMB–145,
–145ER, –145MR, –145LR, –145XR, –145MP,
and –145EP airplanes; certificated in any
category.
Unsafe Condition
(d) This AD results from reports of smoke
on the flight deck caused by damage from
poor electrical contact due to loosening of the
attaching hardware of the power cables of
certain windshield temperature controllers.
We are issuing this AD to prevent
overheating of the power cable terminals of
the windshield temperature controllers,
which could result in smoke on the flight
deck.
rmajette on PROD1PC67 with RULES
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.
Inspection of Part Number (P/N) of
Controller
(f) Within 5,000 flight hours after the
effective date of this AD, inspect to
determine the part number of the left- and
right-hand windshield temperature
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7563
controllers. A review of airplane
maintenance records is acceptable in lieu of
this inspection if the part number of the
subject controller can be conclusively
determined from that review. If any
windshield temperature controller is found
to have a part number other than Goodrich
P/N 3801D2( ), no further action is required
by this AD for that controller.
of this service information. You may review
copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, S.W., Renton,
Washington; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal-register/
cfr/ibr-locations.html.
Replacement of Attaching Hardware,
Further Inspection, and Corrective Actions
(g) Before further flight after performing the
inspection required by paragraph (f) of this
AD, for all windshield temperature
controllers having Goodrich P/N 3801D2( ) or
any controller for which the part number
cannot be conclusively determined: Replace
the attaching hardware of the power cable
terminals of the controllers with new,
improved attaching hardware having new
part numbers. Concurrently, perform a
detailed inspection for signs of melting or
damage of the plastic crimping ring, cable
insulation, or terminals of the power cables,
and, before further flight, perform applicable
corrective actions. Perform all the actions in
accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin
145–30–0043, Revision 02, dated May 25,
2006; or EMBRAER Service Bulletin
145LEG–30–0013, dated June 28, 2005; as
applicable.
Issued in Renton, Washington, on February
6, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–2510 Filed 2–15–07; 8:45 am]
Credit for Actions Accomplished Using
Previous Issue of Service Bulletin
(h) Actions accomplished before the
effective date of this AD in accordance with
EMBRAER Service Bulletin 145–30–0043,
dated June 28, 2005; or Revision 01, dated
April 7, 2006; are considered acceptable for
compliance with the applicable
corresponding actions required by this AD.
Alternative Methods of Compliance
(AMOCs)
(i)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 FR 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.
Related Information
(j) Brazilian airworthiness directive 2006–
05–01, effective May 23, 2006, also addresses
the subject of this AD.
Material Incorporated by Reference
(k) You must use EMBRAER Service
Bulletin 145–30–0043, Revision 02, dated
May 25, 2006; or EMBRAER Service Bulletin
145LEG–30–0013, dated June 28, 2005; 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 Empresa Brasileira de Aeronautica
S.A. (EMBRAER), P.O. Box 343—CEP 12.225,
Sao Jose dos Campos—SP, Brazil, for a copy
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BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–25470; Directorate
Identifier 2006–NM–090–AD; Amendment
39–14942; AD 2007–04–10]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 747–400 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is superseding an
existing airworthiness directive (AD),
which applies to certain Boeing Model
747–400 series airplanes. That AD
currently requires replacement of the
decompression panels that are located
in the smoke barrier between the
passenger and main deck cargo
compartment with new panels of an
improved design. This new AD requires
modification of the decompression
panels on the smoke barrier in the main
deck cargo compartment, or
replacement of the smoke barrier with
an improved smoke barrier, as
applicable. This new AD also requires
repetitive inspections of the
decompression (vent) panels on the
smoke barrier and corrective actions if
necessary. This new AD also adds
airplanes to the applicability. This AD
results from reports of decompression
panels on the smoke barrier opening in
flight and on the ground without a
decompression event. We are issuing
this AD to prevent inadvertent opening
or tearing of decompression panels,
which could result in degraded cargo
fire detection and suppression
capability, smoke penetration into an
occupied compartment, and an
uncontrolled cargo fire, if a fire occurs
in the main deck cargo compartment.
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Federal Register / Vol. 72, No. 32 / Friday, February 16, 2007 / Rules and Regulations
This AD becomes effective
March 23, 2007.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of March 23, 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 service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT:
Susan Letcher, Aerospace Engineer,
Cabin Safety and Environmental
Systems Branch, ANM–150S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6474; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
DATES:
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.
rmajette on PROD1PC67 with RULES
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that
supersedes AD 96–24–03, amendment
39–9829 (61 FR 59319, November 22,
1996). The existing AD applies to
certain Boeing Model 747–400 series
airplanes. That NPRM was published in
the Federal Register on August 1, 2006
(71 FR 43390). That NPRM proposed to
require modification of the
decompression panels on the smoke
barrier in the main deck cargo
compartment or replacement of the
smoke barrier with an improved smoke
barrier, as applicable. That NPRM also
proposed to require repetitive
inspections of the decompression (vent)
panels on the smoke barrier and
corrective actions if necessary. That
NPRM also proposed to add airplanes to
the applicability.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
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14:54 Feb 15, 2007
Jkt 211001
considered the comments that have
been received on the NPRM.
Support for the NPRM
Boeing supports the NPRM.
Request To Publish Service Information
The Modification and Replacement
Parts Association (MARPA) states that,
typically, ADs are based on service
information originating with the type
certificate holder or its suppliers.
MARPA adds that manufacturer service
documents are privately authored
instruments generally having copyright
protection against duplication and
distribution. MARPA notes that when a
service document is incorporated by
reference into a public document, such
as an AD, it loses its private, protected
status and becomes a public document.
MARPA adds that if a service document
is used as a mandatory element of
compliance, it should not simply be
referenced, but should be incorporated
into the regulatory document; by
definition, public laws must be public,
which means they cannot rely upon
private writings. MARPA adds 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 them.
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;
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
repair shops, parts purveyors and
distributors, and organizations
manufacturing or servicing alternatively
certified parts under section 21.303
(‘‘Replacement and modification parts’’)
of the Federal Aviation Regulations (14
CFR 21.303). MARPA adds that the
concept of brevity is now nearly archaic
as documents exist more frequently in
electronic format than on paper.
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
the DMS.
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We understand MARPA’s comment
concerning incorporation by reference.
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 final rule
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,
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 the commenter’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 final rule is
necessary in response to this comment.
Request To Allow Use of Parts
Manufacturer Approval (PMA) Parts
MARPA states that the practice of
requiring the replacement of a defective
part with a certain part conflicts with 14
CFR 21.303. MARPA asserts that
requiring installation of a certain part
prevents installation of other good parts
and prohibits the development of new
parts. MARPA also states that the
practice of requiring an alternative
method of compliance (AMOC) to
install a PMA part should be stopped.
MARPA concludes that this practice
presumes that all PMA parts are
inherently defective and require an
additional layer of approval. MARPA
further states the NPRM does not
comply with FAA Order 8040.2; that
order states that replacement or
installation of certain parts could have
replacement parts approved under 14
CFR 21.303 based on a finding of
identicality. That order also states that
any parts approved under this
regulation and installed should be
subject to the actions of the AD and
included in the applicability. MARPA
states that if a PMA part is defective,
then it must be addressed in an AD and
not just simply implied by an AMOC
requirement. MARPA suggests that we
adopt language used in ADs issued by
directorates other than the Transport
Airplane Directorate, which specify
installing an ‘‘FAA-approved equivalent
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Federal Register / Vol. 72, No. 32 / Friday, February 16, 2007 / Rules and Regulations
part number’’ or ‘‘airworthy parts.’’
MARPA contends that the mandates
contained in Section 1, paragraph (b)(1)
of Executive Order 12866 are not being
met because the directorates differ in
their treatment of this issue. MARPA,
therefore, requests that we revise the
NPRM to allow use of PMA parts.
We do not agree to revise this AD. The
NPRM did not address PMA parts, as
provided in draft FAA Order 8040.2,
because the Order was only a draft that
was out for comment at the time. After
issuance of the NPRM, the Order was
revised and issued as FAA Order 8040.5
with an effective date of September 29,
2006.
FAA Order 8040.5 does not address
PMA parts in ADs. We acknowledge the
need to ensure that unsafe PMA parts
are identified and addressed in ADs
related to Mandatory Continuing
Airworthiness Information (MCAI). We
are currently examining all aspects of
this issue, including input from
industry. Once we have made a final
determination, we will consider how
our policy regarding PMA parts in ADs
needs to be revised. We consider that to
delay this AD action would be
inappropriate, since we have
determined that an unsafe condition
exists and that replacement of certain
parts must be accomplished to ensure
continued safety. Therefore, no change
has been made to the final rule in this
regard.
7565
Conclusion
We have carefully reviewed the
available data, including the comments
that have been submitted, and
determined that air safety and the
public interest require adopting the AD
as proposed.
Costs of Compliance
There are about 63 airplanes of the
affected design in the worldwide fleet.
The following table provides the
estimated costs, at an average labor rate
of $80 per hour, for U.S. operators to
comply with the AD. The estimated
work hours and cost of parts for the
modification in the table below depend
on the configuration of an airplane.
ESTIMATE COSTS
Action
Work hours
Modification (new action) ................
Replacement (new action) ..............
Inspection (new action) ...................
16–17
4
2
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
rmajette on PROD1PC67 with RULES
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:
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14:54 Feb 15, 2007
Jkt 211001
Parts
$12,064–15,362
48,647
None
Cost per airplane
Number of
U.S.-registered airplanes
$13,344–16,722
48,967
160
(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.
2
2
2
Fleet cost
$26,688–33,444.
97,934.
320, per inspection cycle.
FR 59319, November 22, 1996) and by
adding the following new airworthiness
directive (AD):
2007–04–10 Boeing: Amendment 39–14942.
Docket No. FAA–2006–25470;
Directorate Identifier 2006–NM–090–AD.
Effective Date
(a) This AD becomes effective March 23,
2007.
Affected ADs
(b) This AD supersedes AD 96–24–03.
Applicability
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
(c) This AD applies to Boeing Model 747–
400 series airplanes, certificated in any
category, as identified in Boeing Alert
Service Bulletin 747–25A3353, dated
December 9, 2004.
Adoption of the Amendment
Unsafe Condition
List of Subjects in 14 CFR Part 39
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.
(d) This AD results from reports of
decompression panels on the smoke barrier
opening in flight and on the ground without
a decompression event. We are issuing this
AD to prevent inadvertent opening or tearing
of decompression panels, which could result
in degraded cargo fire detection and
suppression capability, smoke penetration
into an occupied compartment, and an
uncontrolled cargo fire, if a fire occurs in the
main deck cargo compartment.
Compliance
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by removing amendment 39–9829 (61
I
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(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.
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Federal Register / Vol. 72, No. 32 / Friday, February 16, 2007 / Rules and Regulations
New Requirements of This AD
Modification or Replacement, as Applicable
(f) Within 48 months after the effective
date of this AD: Modify the decompression
panels on the smoke barrier or replace the
smoke barrier with an improved smoke
barrier, by accomplishing all of the actions
specified in Work Package 1 of the
Accomplishment Instructions of Boeing Alert
Service Bulletin 747–25A3353, dated
December 9, 2004, as applicable.
Repetitive Inspection
(g) Within 20 months or 6,000 flight hours
after accomplishing the actions in paragraph
(f) of this AD, whichever occurs first: Do a
general visual inspection of the
decompression (vent) panels on the smoke
barrier for any changes from their installed
condition, and do all corrective actions
before further flight after the inspection, by
accomplishing all of the actions specified in
Work Package 2 of the Accomplishment
Instructions of Boeing Alert Service Bulletin
747–25A3353, dated December 9, 2004, as
applicable. Repeat the inspection thereafter
at intervals not to exceed 20 months or 6,000
flight hours, whichever occurs first.
Note 1: For the purposes of this AD, a
general visual inspection is: ‘‘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 ensure visual access to
all 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.’’
rmajette on PROD1PC67 with RULES
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, Seattle Aircraft
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
(2) 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
(i) You must use Boeing Alert Service
Bulletin 747–25A3353, dated December 9,
2004, 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 this document 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 FAA, Transport
Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington; or at the National
Archives and Records Administration
VerDate Aug<31>2005
14:54 Feb 15, 2007
Jkt 211001
(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/cfr/ibr-locations.html.
Issued in Renton, Washington, on February
6, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–2511 Filed 2–15–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–26049; Directorate
Identifier 2006–NM–177–AD; Amendment
39–14949; AD 2007–04–17]
RIN 2120–AA64
Airworthiness Directives; McDonnell
Douglas Model DC–10–10, DC–10–10F,
DC–10–15, DC–10–30, and DC–10–30F
(KC–10A and KDC–10) Airplanes;
Model DC–10–40 and DC–10–40F
Airplanes Equipped With Pratt &
Whitney JT9–20 or JT9–20J Engines;
and Model MD–10–10F and MD–10–30F
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for the
McDonnell Douglas airplanes
previously described. This AD requires
replacing the control modules of the fire
detection systems of the propulsion
engines with new, improved control
modules. This AD results from a report
of broken or severed wiring between
engine fire detectors and the fire
detection system control module, which
caused the fire detection system to
become non-functional without
flightcrew awareness. We are issuing
this AD to prevent unannunciated fire
in a propulsion engine, which could
cause injury to flightcrew and
passengers or loss of the airplane.
DATES: This AD becomes effective
March 23, 2007.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of March 23, 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.
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Contact Meggitt Safety Systems, 1915
Voyager Avenue, Simi Valley, California
93063, for service information identified
in this AD.
FOR FURTHER INFORMATION CONTACT:
Samuel Lee, Aerospace Engineer,
Propulsion Branch, ANM–140L, FAA,
Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard,
Lakewood, California 90712–4137;
telephone (562) 627–5262; fax (562)
627–5210.
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 all McDonnell Douglas Model
DC–10–10, DC–10–10F, DC–10–15, DC–
10–30, and DC–10–30F (KC–10A and
KDC–10) airplanes; Model DC–10–40
and DC–10–40F airplanes equipped
with Pratt & Whitney JT9–20 or JT9–20J
engines; and all Model MD–10–10F and
MD–10–30F airplanes. That NPRM was
published in the Federal Register on
October 13, 2006 (71 FR 60448). That
NPRM proposed to require replacing the
control modules of the fire detection
systems of the propulsion engines with
new, improved control modules.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Support for the NPRM
FedEx concurs with the NPRM as
written and states its intent to also
modify the fire detection systems of the
auxiliary power units of subject FedEx
airplanes, as described in the service
information mandated by the AD.
Request To Clarify Service Information
Requirement
Hawaiian Airlines requests that we
revise the NPRM to clarify what service
information is acceptable for
compliance with the AD. The
commenter asserts that the NPRM states
that the use of Meggitt Safety Systems
Service Bulletin 26–34, Revision 2,
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]]>Agencies
[Federal Register Volume 72, Number 32 (Friday, February 16, 2007)]
[Rules and Regulations]
[Pages 7563-7566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2511]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25470; Directorate Identifier 2006-NM-090-AD;
Amendment 39-14942; AD 2007-04-10]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 747-400 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to certain Boeing Model 747-400 series airplanes.
That AD currently requires replacement of the decompression panels that
are located in the smoke barrier between the passenger and main deck
cargo compartment with new panels of an improved design. This new AD
requires modification of the decompression panels on the smoke barrier
in the main deck cargo compartment, or replacement of the smoke barrier
with an improved smoke barrier, as applicable. This new AD also
requires repetitive inspections of the decompression (vent) panels on
the smoke barrier and corrective actions if necessary. This new AD also
adds airplanes to the applicability. This AD results from reports of
decompression panels on the smoke barrier opening in flight and on the
ground without a decompression event. We are issuing this AD to prevent
inadvertent opening or tearing of decompression panels, which could
result in degraded cargo fire detection and suppression capability,
smoke penetration into an occupied compartment, and an uncontrolled
cargo fire, if a fire occurs in the main deck cargo compartment.
[[Page 7564]]
DATES: This AD becomes effective March 23, 2007.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of March 23,
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 service information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Susan Letcher, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 917-6474; 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 supersedes AD 96-24-03, amendment 39-
9829 (61 FR 59319, November 22, 1996). The existing AD applies to
certain Boeing Model 747-400 series airplanes. That NPRM was published
in the Federal Register on August 1, 2006 (71 FR 43390). That NPRM
proposed to require modification of the decompression panels on the
smoke barrier in the main deck cargo compartment or replacement of the
smoke barrier with an improved smoke barrier, as applicable. That NPRM
also proposed to require repetitive inspections of the decompression
(vent) panels on the smoke barrier and corrective actions if necessary.
That NPRM also proposed to add airplanes to the applicability.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.
Support for the NPRM
Boeing supports the NPRM.
Request To Publish Service Information
The Modification and Replacement Parts Association (MARPA) states
that, typically, ADs are based on service information originating with
the type certificate holder or its suppliers. MARPA adds that
manufacturer service documents are privately authored instruments
generally having copyright protection against duplication and
distribution. MARPA notes that when a service document is incorporated
by reference into a public document, such as an AD, it loses its
private, protected status and becomes a public document. MARPA adds
that if a service document is used as a mandatory element of
compliance, it should not simply be referenced, but should be
incorporated into the regulatory document; by definition, public laws
must be public, which means they cannot rely upon private writings.
MARPA adds 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 them. 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;
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 repair shops, parts purveyors and distributors,
and organizations manufacturing or servicing alternatively certified
parts under section 21.303 (``Replacement and modification parts'') of
the Federal Aviation Regulations (14 CFR 21.303). MARPA adds that the
concept of brevity is now nearly archaic as documents exist more
frequently in electronic format than on paper. 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 the DMS.
We understand MARPA's comment concerning incorporation by
reference. 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 final rule 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, 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 the commenter'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 final rule is necessary in response to this comment.
Request To Allow Use of Parts Manufacturer Approval (PMA) Parts
MARPA states that the practice of requiring the replacement of a
defective part with a certain part conflicts with 14 CFR 21.303. MARPA
asserts that requiring installation of a certain part prevents
installation of other good parts and prohibits the development of new
parts. MARPA also states that the practice of requiring an alternative
method of compliance (AMOC) to install a PMA part should be stopped.
MARPA concludes that this practice presumes that all PMA parts are
inherently defective and require an additional layer of approval. MARPA
further states the NPRM does not comply with FAA Order 8040.2; that
order states that replacement or installation of certain parts could
have replacement parts approved under 14 CFR 21.303 based on a finding
of identicality. That order also states that any parts approved under
this regulation and installed should be subject to the actions of the
AD and included in the applicability. MARPA states that if a PMA part
is defective, then it must be addressed in an AD and not just simply
implied by an AMOC requirement. MARPA suggests that we adopt language
used in ADs issued by directorates other than the Transport Airplane
Directorate, which specify installing an ``FAA-approved equivalent
[[Page 7565]]
part number'' or ``airworthy parts.'' MARPA contends that the mandates
contained in Section 1, paragraph (b)(1) of Executive Order 12866 are
not being met because the directorates differ in their treatment of
this issue. MARPA, therefore, requests that we revise the NPRM to allow
use of PMA parts.
We do not agree to revise this AD. The NPRM did not address PMA
parts, as provided in draft FAA Order 8040.2, because the Order was
only a draft that was out for comment at the time. After issuance of
the NPRM, the Order was revised and issued as FAA Order 8040.5 with an
effective date of September 29, 2006.
FAA Order 8040.5 does not address PMA parts in ADs. We acknowledge
the need to ensure that unsafe PMA parts are identified and addressed
in ADs related to Mandatory Continuing Airworthiness Information
(MCAI). We are currently examining all aspects of this issue, including
input from industry. Once we have made a final determination, we will
consider how our policy regarding PMA parts in ADs needs to be revised.
We consider that to delay this AD action would be inappropriate, since
we have determined that an unsafe condition exists and that replacement
of certain parts must be accomplished to ensure continued safety.
Therefore, no change has been made to the final rule in this regard.
Conclusion
We have carefully reviewed the available data, including the
comments that have been submitted, and determined that air safety and
the public interest require adopting the AD as proposed.
Costs of Compliance
There are about 63 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs, at
an average labor rate of $80 per hour, for U.S. operators to comply
with the AD. The estimated work hours and cost of parts for the
modification in the table below depend on the configuration of an
airplane.
Estimate Costs
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Number of
U.S.-
Action Work hours Parts Cost per airplane registered Fleet cost
airplanes
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Modification (new action)..... 16-17 $12,064-15,362 $13,344-16,722 2 $26,688-33,444.
Replacement (new action)...... 4 48,647 48,967 2 97,934.
Inspection (new action)....... 2 None 160 2 320, per
inspection
cycle.
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-9829 (61 FR 59319, November 22, 1996) and by
adding the following new airworthiness directive (AD):
2007-04-10 Boeing: Amendment 39-14942. Docket No. FAA-2006-25470;
Directorate Identifier 2006-NM-090-AD.
Effective Date
(a) This AD becomes effective March 23, 2007.
Affected ADs
(b) This AD supersedes AD 96-24-03.
Applicability
(c) This AD applies to Boeing Model 747-400 series airplanes,
certificated in any category, as identified in Boeing Alert Service
Bulletin 747-25A3353, dated December 9, 2004.
Unsafe Condition
(d) This AD results from reports of decompression panels on the
smoke barrier opening in flight and on the ground without a
decompression event. We are issuing this AD to prevent inadvertent
opening or tearing of decompression panels, which could result in
degraded cargo fire detection and suppression capability, smoke
penetration into an occupied compartment, and an uncontrolled cargo
fire, if a fire occurs in the main deck cargo compartment.
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.
[[Page 7566]]
New Requirements of This AD
Modification or Replacement, as Applicable
(f) Within 48 months after the effective date of this AD: Modify
the decompression panels on the smoke barrier or replace the smoke
barrier with an improved smoke barrier, by accomplishing all of the
actions specified in Work Package 1 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-25A3353, dated
December 9, 2004, as applicable.
Repetitive Inspection
(g) Within 20 months or 6,000 flight hours after accomplishing
the actions in paragraph (f) of this AD, whichever occurs first: Do
a general visual inspection of the decompression (vent) panels on
the smoke barrier for any changes from their installed condition,
and do all corrective actions before further flight after the
inspection, by accomplishing all of the actions specified in Work
Package 2 of the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-25A3353, dated December 9, 2004, as applicable. Repeat
the inspection thereafter at intervals not to exceed 20 months or
6,000 flight hours, whichever occurs first.
Note 1: For the purposes of this AD, a general visual inspection
is: ``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
ensure visual access to all 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.''
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
(2) 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
(i) You must use Boeing Alert Service Bulletin 747-25A3353,
dated December 9, 2004, 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 this
document 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 FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington; or at the National Archives
and Records Administration (NARA). For information on the
availability of this material at the NARA, call (202) 741-6030, or
go to: https://www.archives.gov/federal-register/cfr/ibr-
locations.html.
Issued in Renton, Washington, on February 6, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-2511 Filed 2-15-07; 8:45 am]
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