Airworthiness Directives; Boeing Model 737-300, -400, -500, -600, -700, -700C, -800, and -900, and 747-400 Series Airplanes; and Model 757, 767, and 777 Airplanes, 1159-1164 [E9-322]

Download as PDF 1159 Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Proposed Rules ESTIMATED COSTS Action Work hours Average labor rate per hour Parts Cost per product Number of U.S.registered airplanes Installation ................. Up to 75 .................. $80 Up to $28,405 ......... Up to $34,405 ......... 25 Authority for This Rulemaking The Proposed Amendment 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. Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: dwashington3 on PROD1PC60 with PROPOSALS Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 this proposed regulation: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866, 2. Is not a ‘‘significant rule’’ under the 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. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by Reference, Safety. VerDate Nov<24>2008 14:08 Jan 09, 2009 Jkt 217001 PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: Boeing: Docket No. FAA–2008–1362; Directorate Identifier 2008–NM–150–AD. Comments Due Date (a) We must receive comments by February 26, 2009. Affected ADs (b) None. Applicability (c) This AD applies to Boeing Model 747– 200C and 747–200F series airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin 747–25A3431, dated March 6, 2008. Unsafe Condition (d) This AD results from reports of water contamination in the electrical/electronic units in the main equipment center. We are issuing this AD to prevent water contamination in the electrical/electronic units in the main equipment center, which could result in an electrical short and potential loss of several functions essential for safe flight. Fleet cost Up to $860,125. Service Bulletin 747–25A3430, dated February 15, 2007. Note 1: The installation required by paragraph (g) of this AD is also required by paragraph (f) of AD 2007–26–03, amendment 39–15305, for Boeing Model 747–200C and –200F series airplanes. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, ATTN: Marcia Smith, 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) 917–6484; fax (425) 917–6590; has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. (2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Issued in Renton, Washington, on December 18, 2008. Stephen P. Boyd, Assistant Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–312 Filed 1–9–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Compliance (e) Comply with this AD within the compliance times specified, unless already done. 14 CFR Part 39 Installation (f) Within 72 months after the effective date of this AD, install larger moisture shrouds and additional drain lines, by doing all the applicable actions specified in the Accomplishment Instructions of Boeing Alert Service Bulletin 747–25A3431, dated March 6, 2008. Airworthiness Directives; Boeing Model 737–300, –400, –500, –600, –700, –700C, –800, and –900, and 747–400 Series Airplanes; and Model 757, 767, and 777 Airplanes Prior or Concurrent Action (g) Prior to or concurrently with accomplishing the actions required by paragraph (f) of this AD: Install protective moisture curtains in the main equipment center in accordance with Boeing Alert PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 [Docket No. 2002–NM–12–AD] RIN 2120–AA64 AGENCY: Federal Aviation Administration, DOT. ACTION: Supplemental notice of proposed rulemaking; reopening of comment period. SUMMARY: This document revises an earlier supplemental notice of proposed E:\FR\FM\12JAP1.SGM 12JAP1 1160 Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Proposed Rules rulemaking (NPRM), applicable to certain Boeing Model 737–300, –400, –500, –600, –700, –700C, –800, and –900, and 747–400 series airplanes; and Model 757, 767, and 777 airplanes. The first supplemental NPRM would have required modifying the static inverter by replacing resistor R170 with a new resistor and relocating the new resistor. This new action revises the first supplemental NPRM by adding certain airplanes to the applicability, changing certain airplane groups, and adding certain part numbers. The actions specified by this second supplemental NPRM are intended to prevent a standby static inverter from overheating, which could result in smoke in the flight deck and cabin and loss of the electrical standby power system. This action is intended to address the identified unsafe condition. DATES: Comments must be received by February 6, 2009. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM–114, Attention: Rules Docket No. 2002–NM– 12–AD, 1601 Lind Avenue, SW., Renton, Washington 98057–3356. Comments may be inspected at this location between 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. Comments may be submitted via fax to (425) 227–1232. Comments may also be sent via the Internet using the following address: 9-anmnprmcomment@faa.gov. Comments sent via fax or the Internet must contain ‘‘Docket No. 2002–NM–12–AD’’ in the subject line and need not be submitted in triplicate. Comments sent via the Internet as attached electronic files must be formatted in Microsoft Word 97 or 2000 or ASCII text. The service information referenced in the proposed rule may be obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 98124–2207. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. FOR FURTHER INFORMATION CONTACT: Binh V. Tran, Aerospace Engineer, Systems and Equipment Branch, ANM– 130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 917–6485; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this action must submit a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to Docket Number 2002–NM–12–AD.’’ The postcard will be date stamped and returned to the commenter. Comments Invited Interested persons are invited to participate in the making of the proposed rule by submitting such written data, views, or arguments as they may desire. Communications shall identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the proposed rule. The proposals contained in this action may be changed in light of the comments received. Submit comments using the following format: • Organize comments issue-by-issue. For example, discuss a request to change the compliance time and a request to change the service bulletin reference as two separate issues. • For each issue, state what specific change to the proposed AD is being requested. • Include justification (e.g., reasons or data) for each request. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report summarizing each FAA-public contact concerned with the substance of this proposal will be filed in the Rules Docket. Any person may obtain a copy of this NPRM by submitting a request to the FAA, Transport Airplane Directorate, ANM–114, Attention: Rules Docket No. 2002–NM–12–AD, 1601 Lind Avenue, SW., Renton, Washington 98057–3356. Availability of NPRMs Discussion A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to add an airworthiness directive (AD), applicable to certain Boeing Model 737–300, –400, –500, –600, –700, –700C, –800, and –900, and 747–400 series airplanes; and Model 757, 767, and 777 airplanes, was published as a supplemental notice of proposed rulemaking (NPRM) in the Federal Register on May 26, 2006 (71 FR 30331). The first supplemental NPRM would have required modifying the static inverter by replacing resistor R170 with a new resistor and relocating the new resistor. The first supplemental NPRM was prompted by further evaluation of the carbon resistor, which revealed a failure mode that can cause the resistor to ignite, involving adjacent capacitors as well. Those conditions, if not corrected, could result in smoke in the flight deck and cabin and loss of the electrical standby power system. Actions Since Issuance of First Supplemental NPRM Since issuance of the first supplemental NPRM, Boeing has revised the service bulletins listed in the following table: REVISED SERVICE BULLETINS Action Modification ... Modification ... dwashington3 on PROD1PC60 with PROPOSALS Modification ... Modification ... Service bulletin Boeing Alert Service Bulletin 737–24A1166, Revision 2, January 29, 2007. Boeing Alert Service Bulletin 737–24A1166, Revision 3, July 25, 2007. Boeing Service Bulletin 747–24–2254, Revision 1, March 5, 2007. Boeing Service Bulletin 777–24–0095, Revision 1, dated ary 3, 2007. The changes in these revisions are minor and no additional work is necessary for certain airplanes modified VerDate Nov<24>2008 Model 14:08 Jan 09, 2009 Jkt 217001 dated 737–300, –400, –500 series airplanes. dated 737–300, –400, –500 series airplanes. dated 747–400, –400D, –400F series airplanes. Janu- 777–200, –300, –300ER series airplanes. by the previous issues. However, more work is necessary on airplanes with certain static inverters installed. In PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 addition, the revisions all add airplanes to those specified in the effectivity or move airplanes to different groups. Alert E:\FR\FM\12JAP1.SGM 12JAP1 Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Proposed Rules Service Bulletin 737–24A1166, Revision 2, also adds two missing supplier part numbers, which are related to the existing Boeing part numbers, for the static inverters. Airplanes that were modified by installing the correct static inverter having the correct part number, as specified in Service Bulletin 737– 24A1166, Revision 1, dated October 20, 2005, or 747–24–2254, dated July 21, 2005, are not affected by the modification in the revised service information. Airplanes that were modified as specified in Service Bulletin 777–24–0095, dated June 30, 2005, are not affected by the modification specified in Revision 1 of that bulletin. We have changed the second supplemental NPRM to refer to this revised service information as the appropriate source of service information for accomplishing the specified modification. The revised service bulletins refer to Avionic Instruments Inc. Service Bulletin 1–002–0102–1000–24–28, Revision B, dated July 24, 2006, as an additional source of service information for modifying the static inverter. Comments on First Supplemental NPRM Due consideration has been given to the comments received in response to the first supplemental NPRM. dwashington3 on PROD1PC60 with PROPOSALS Support for the First Supplemental NPRM The National Transportation Safety Board, Northwest Airlines, and Alaska Airlines support the intent of the first supplemental NPRM. Request To Approve Revised Avionic Instruments Inc. (AII) Service Bulletin United Airlines (UA) asks that we approve the latest AII Service Bulletin 1–002–0102–1000–24–28; Revision A, dated June 22, 2005, was referenced in the first supplemental NPRM as an additional source of service information for doing the modification. UA adds that certain references to service information related to this AD on the Boeing Web site do not have cross references to the AII service bulletin. UA suggests that, to avoid confusion, Revision A remain as an additional source of service information for the rework. We agree to leave Revision A of the referenced service bulletin in the note in the second supplemental NPRM. We have reviewed AII Service Bulletin 1– 002–0102–1000–24–28, Revision B, dated July 24, 2006 (hereafter referred to as the AII service bulletin). We find that both Revision A and Revision B of the AII service bulletin are still acceptable as additional sources of service VerDate Nov<24>2008 14:08 Jan 09, 2009 Jkt 217001 information for modifying the static inverter. We have changed Note 1 of the second supplemental NPRM to include Revision B of the service bulletin; Revision A remains in Note 1. Request for Work Instructions To Apply To Both Airplane Groups UA suggests that the group separation specified in the Work Instructions in Boeing Service Bulletin 757–24–0110, dated April 28, 2005, be disregarded, and the Group 1 Work Instructions apply to all airplanes. That service bulletin was referred to in the first supplemental NPRM as the appropriate source of service information for accomplishing the modification for Model 757–200, –200CB, –200PF airplanes. UA states that the Work Instructions are divided into Group 1 and Group 2, based on the inverter part number as delivered configuration. UA adds that the current Boeing Illustrated Parts Catalog shows inverter part numbers are applicable to the entire 757 fleet, which conflicts with the purpose of the service bulletin in separating the Work Instructions into two airplane groups. We acknowledge UA’s request; however, Boeing has informed us that Service Bulletin 757–24–0110 will not be revised to incorporate the requested changes. Under the provisions of paragraph (b) of the second supplemental NPRM, however, we could consider requests for combining the Work Instructions if data are submitted to substantiate that using the Group 1 Work Instructions for all airplanes would provide an acceptable level of safety. We have made no change to the second supplemental NPRM in this regard. Request To Include Certain Part Numbers UA states that the FAA response to the comment ‘‘Request for Clarification of Part Number’’ specified in the first supplemental NPRM indicates that supplier part number 1–001–0102–0265 is not an inverter part number; UA disagrees with the response. UA adds that Boeing Illustrated Parts Catalog, for Model 737–300/400/500 and Model 747–400, indicates that Specification Number S282T004–5 corresponds to both part numbers 1–001–0102–0265 and 1–002–0102–0265. UA asks that, in order to avoid confusion, the second supplemental NPRM clarify the existence and applicability of both part numbers. We agree with the request. Revision B of AII Service Bulletin 1–002–0102– 1000–24–28, dated July 24, 2006, includes the subject part numbers, and PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 1161 we have included Revision B in the second supplemental NPRM as an additional source of service information for modifying the static inverter. Request To Include Future Revisions of Service Information Boeing asks that we address imminent revisions of the service bulletins identified in the first supplemental NPRM, as well as possible future revisions to any of the identified bulletins. Boeing states that revisions to the 747 and 777 service bulletins, which will add several airplanes to the effectivity lists in the bulletins, are imminent. Boeing notes that, as written, the applicability paragraph in the first supplemental NPRM will not include the added airplanes. Boeing suggests the applicability paragraph be changed to read ‘‘* * * the applicable service bulletin specified in Table 1 of this AD or subsequent revision(s) to that bulletin.’’ We understand the commenter’s concern, and we have included the revised service information specified under ‘‘Actions Since Issuance of First Supplemental NPRM,’’ which adds airplanes to the applicability section of this AD. However, we cannot use the phrase, ‘‘or later FAA-approved revisions’’ in an AD because doing so violates Office of the Federal Register (OFR) regulations for approval of materials ‘‘incorporated by reference’’ in rules. In general terms, we are required by these OFR regulations either to publish the service document contents as part of the actual AD language; or to submit the service document to the OFR for approval as ‘‘referenced’’ material, in which case we may refer to such material in the text of an AD. The AD may refer to the service document only if the OFR approved it for ‘‘incorporation by reference.’’ To allow operators to use later revisions of the referenced documents (issued after publication of the AD), Boeing or operators must request approval to use later revisions as an alternative method of compliance with the AD under the provisions of paragraph (b) of the AD. Request To Remove Model 747 and 777 Airplanes From the Applicability Air Transport Association (ATA), on behalf of its member American Airlines (AA), and Boeing, asks that we remove Model 747 and 777 airplanes from the applicability of the first supplemental NPRM. ATA and AA state that we should delete Model 777 airplanes from the applicability of the first supplemental NPRM because the inverters on those airplanes have a different configuration and are not E:\FR\FM\12JAP1.SGM 12JAP1 1162 Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Proposed Rules dwashington3 on PROD1PC60 with PROPOSALS susceptible to the subject unsafe condition. Boeing Safety Review Board made a finding of ‘‘Not Safety’’ for the Model 747 and 777 airplanes. Boeing adds that there have been no failures on these models, and the inverters on these models are not running during normal operations. We do not agree with the requests. Model 747 and 777 airplanes have the same type of static inverters that were installed on the airplanes specified in the first supplemental NPRM. Those static inverters could overheat at anytime during operation due to a faulty resistor. As stated in Boeing Service Bulletins 747–24–2254 and 777–24– 0095, the static inverter change will prevent the possible unwanted smoke and fire from a faulty resistor in the static inverter. Therefore, Model 747 and 777 airplanes will remain in the applicability of the second supplemental NPRM. We acknowledge that the static inverters are not running during normal operations, but they could overheat during emergency operations (standby conditions). However, we have determined that due to the reduced risk on Model 747 and 777 airplanes, the compliance time for those airplanes can be extended to 60 months. We have revised paragraph (a) of this AD accordingly. Requests To Extend Compliance Time ATA, on behalf of its member American Airlines, asks that we extend the proposed compliance time to 10 years for airplanes on which the AII service bulletin has been incorporated. AA asks that, due to existing maintenance intervals, the compliance time be extended to 60 months for operators that accomplished the first supplemental NPRM. AA adds that its justification stems from the heat being reduced in the area of the capacitors C50 and C51, with the resistor R170 on the solder side of the printed circuit board. We do not agree with the request. As stated in ‘‘Actions Since Issuance of Previous Proposal,’’ in the first supplemental NPRM, recent in-service experience has shown that simply relocating the carbon composition-style resistor, which was installed in production until late 1999, did not prevent the overheat condition. Further evaluation of the carbon resistor has shown a failure mode that can cause the resistor to ignite. Incorporation of the AII service bulletin will not mitigate the safety concern. In developing an appropriate compliance time for this action, we considered the urgency associated with the subject unsafe condition, the availability of required VerDate Nov<24>2008 14:08 Jan 09, 2009 Jkt 217001 parts, and the practical aspect of accomplishing the required modification within a period of time that corresponds to the normal scheduled maintenance for most affected operators. According to the manufacturer, an ample number of required parts will be available to modify the U.S. fleet within the proposed compliance time. Therefore, we find that 42 months is sufficient time in which to do the modification. However, according to the provisions of paragraph (b) of the second supplemental NPRM, we could approve requests to adjust the compliance time if the request includes data that prove that the new compliance time would provide an acceptable level of safety. Request for Component AD AirTran Airways Inc. (AirTran) reiterates the comments under ‘‘Request for a Component AD’’ specified in the first supplemental NPRM and states that this second supplemental NPRM should be a ‘‘component AD’’ rather than an aircraft AD. AirTran states that once an aircraft delivers from the factory with a component installed, that component is likely to be replaced due to failure and subsequently installed on another aircraft outside of the effectivity range. AirTran notes that it is unrealistic to expect that a component that has qualified interchangeables will still be installed on the aircraft on which it was delivered. AirTran states that the AD should be written in a manner that best ensures the safety of the flying public; this involves considering how operators use the aircraft and not necessarily how the manufacturer built the aircraft. AirTran adds that by making the AD applicable to the part number unit, operators are more likely to identify all affected units and remove them from their system, including spares that are not addressed in the first supplemental NPRM, than if the AD is effective to aircraft line or serial numbers. We do not agree with the request. We have confirmed with Boeing that the service bulletins cited in the applicability list all the airplanes on which the parts addressed by this AD are eligible for installation. We have also confirmed with Boeing that the Illustrated Parts Catalogs have been properly updated. For these reasons, there is no need to further define the applicability. We have made no change to the second supplemental NPRM in this regard. Request To Change Cost Impact Section ATA, on behalf of its member American Airlines, asks that the cost impact section be changed. ATA states PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 that the proposed modification could be accomplished by either a repair facility or the operator. ATA adds that the FAA should amend the cost impact to include both of these alternatives. Both commenters recommend adding 2 hours of labor and the value of materials for the modification of the inverter to the cost section. We acknowledge the commenters’ concerns. We recognize that, in accomplishing the requirements of any AD, operators might incur ‘‘incidental’’ costs in addition to the ‘‘direct’’ costs that are reflected in the cost analysis presented in the AD preamble. However, the cost analysis in AD rulemaking actions typically does not include incidental costs. Further, because ADs require specific actions to address specific unsafe conditions (i.e., using a repair facility) they appear to impose costs that would not otherwise be borne by operators. However, because of the general obligation of operators to maintain and operate their airplanes in an airworthy condition, this appearance is deceptive. Attributing those costs solely to the issuance of this AD is unrealistic because, in the interest of maintaining and operating safe airplanes, prudent operators would accomplish the required actions even if they were not required to do so by the AD. In any case, we have determined that direct and incidental costs are still outweighed by the safety benefits of the AD. We have made no change to the second supplemental NPRM in this regard. Clarification of Alternative Methods of Compliance (AMOC) Paragraph We have revised this action to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies. Conclusion Since certain changes expand the scope of the first supplemental NPRM, we have determined that it is necessary to reopen the comment period to provide additional opportunity for public comment. Cost Impact There are approximately 3,856 airplanes of the affected design in the worldwide fleet. The FAA estimates that 1,882 airplanes of U.S. registry would be affected by the second supplemental NPRM. The following table provides the estimated costs for U.S. operators to comply with the second supplemental NPRM. E:\FR\FM\12JAP1.SGM 12JAP1 1163 Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Proposed Rules ESTIMATED COSTS Action Work hours Average labor rate per hour Parts Cost per airplane Number of U.S.-registered airplanes Modification ..... Up to 2 hours, depending on airplane configuration. $80 $0 Between $80 and $160. 1,882 The cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the proposed requirements of this AD action, and that no operator would accomplish those actions in the future if the second supplemental NPRM were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures 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. 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 Impact The regulations proposed herein would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this proposal would not have federalism implications under Executive Order 13132. For the reasons discussed above, I certify that this proposed regulation (1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) if promulgated, 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. A copy of the draft regulatory evaluation prepared for this action is contained in the Rules Docket. Fleet cost Up to $301,120. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption ADDRESSES. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. Section 39.13 is amended by adding the following new airworthiness directive: Boeing: Docket 2002–NM–12–AD. Applicability: This AD applies to the following airplanes, certificated in any category, as identified in the applicable Boeing service bulletin specified in Table 1 of this AD: TABLE 1—APPLICABILITY Airplane model Boeing service bulletin 737–600, –700, –700C, –800, –900 series airplanes .............................. Special Attention Service Bulletin 737–24–1165, Revision 1, dated October 20, 2005. Alert Service Bulletin 737–24A1166, Revision 3, dated July 25, 2007. Service Bulletin 747–24–2254, Revision 1, dated March 5, 2007. Special Attention Service Bulletin 757–24–0110, dated April 28, 2005. Special Attention Service Bulletin 757–24–0111, dated April 28, 2005. Special Attention Service Bulletin 767–24–0160, dated June 30, 2005. Special Attention Service Bulletin 767–24–0161, dated June 30, 2005. Service Bulletin 777–24–0095, Revision 1, dated January 3, 2007. dwashington3 on PROD1PC60 with PROPOSALS 737–300, –400, –500 series airplanes ..................................................... 747–400, –400D, –400F series airplanes ................................................ 757–200, –200CB, –200PF series airplanes ........................................... 757–300 series airplanes ......................................................................... 767–200, –300, –300F series airplanes ................................................... 767–400ER series airplanes .................................................................... 777–200, –300, –300ER series airplanes ................................................ Compliance: Required as indicated, unless accomplished previously. To prevent a standby static inverter from overheating, which could result in smoke in the flight deck and cabin and loss of the electrical standby power system, accomplish the following: Modification (a) At the time specified in paragraph (a)(1) or (a)(2) of this AD, as applicable: Modify the VerDate Nov<24>2008 14:08 Jan 09, 2009 Jkt 217001 static inverter by removing resistor R170 from the logic control card assembly and replacing it with a new resistor, and relocating the new resistor to the solder side of the printed circuit board in accordance with the Accomplishment Instructions of the applicable service bulletin specified in Table 1 of this AD. (1) For Model 737, 757, and 767 airplanes: Within 42 months after the effective date of this AD. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 (2) For Model 747 and 777 airplanes: Within 60 months after the effective date of this AD. Note 1: The Boeing service bulletins specified in Table 1 of this AD refer to Avionic Instruments Inc. Service Bulletins 1– 002–0102–1000–24–28, Revision A, dated June 22, 2005; and Revision B, dated July 24, 2006, as additional sources of service information for accomplishing the E:\FR\FM\12JAP1.SGM 12JAP1 1164 Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Proposed Rules modification required by paragraph (a) of this AD. Alternative Methods of Compliance (b)(1) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Seattle ACO. (2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Issued in Renton, Washington, on December 18, 2008. Stephen P. Boyd, Assistant Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–322 Filed 1–9–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–1361; Directorate Identifier 2008–NM–140–AD] RIN 2120–AA64 Airworthiness Directives; Bombardier Model DHC–8–102, –103, and –106 Airplanes and DHC–8–200, –300, and –400 Series Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). dwashington3 on PROD1PC60 with PROPOSALS SUMMARY: We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: A fuselage spoiler cable disconnect sensing device was installed in production on later DHC–8 Series 100/200/300 aircraft, and on all DHC–8 Series 400 aircraft. On earlier DHC–8 Series 100/200/300 aircraft, its installation was mandated by [Canadian] Airworthiness Directive CF–2006–13 [which corresponds to FAA AD 2007–21–16]. However, several incorrectly assembled spoiler cable disconnect sensing devices have recently been discovered on in-service VerDate Nov<24>2008 14:08 Jan 09, 2009 Jkt 217001 aircraft. A pulley and plastic spacer had been inadvertently interchanged during assembly of the device in production, resulting in the spoiler cable sliding on the spacer rather than on the pulley, as designed. Continued operation with an incorrectly assembled spoiler cable disconnect sensing device could result in impaired operation of the sensing device and/or an eventual fuselage spoiler cable disconnect, with possible reduced controllability of the aircraft. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by February 11, 2009. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Bombardier, ˆ Inc., 400 Cote-Vertu Road West, Dorval, ´ Quebec H4S 1Y9, Canada; telephone 514–855–5000; fax 514–855–7401; email thd.qseries@aero.bombardier.com; Internet https://www.bombardier.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221 or 425–227–1152. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Dan Parrillo, Aerospace Engineer, Airframe and Propulsion Branch, ANE–171, FAA, New York Aircraft Certification Office, PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone (516) 228–7305; fax (516) 794–5531. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2008–1361; Directorate Identifier 2008–NM–140–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF–2008–28, dated July 10, 2008 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: A fuselage spoiler cable disconnect sensing device was installed in production on later DHC–8 Series 100/200/300 aircraft, and on all DHC–8 Series 400 aircraft. On earlier DHC–8 Series 100/200/300 aircraft, its installation was mandated by [Canadian] Airworthiness Directive CF–2006–13 [which corresponds to FAA AD 2007–21–16]. However, several incorrectly assembled spoiler cable disconnect sensing devices have recently been discovered on in-service aircraft. A pulley and plastic spacer had been inadvertently interchanged during assembly of the device in production, resulting in the spoiler cable sliding on the spacer rather than on the pulley, as designed. Continued operation with an incorrectly assembled spoiler cable disconnect sensing device could result in impaired operation of the sensing device and/or an eventual fuselage spoiler cable disconnect, with possible reduced controllability of the aircraft. Required actions include inspecting the fuselage spoiler cable disconnect sensing device and, if necessary, inspecting components for wear and damage, replacing worn or damaged components, and correctly reassembling the sensing device. You may obtain further information by examining the MCAI in the AD docket. E:\FR\FM\12JAP1.SGM 12JAP1

Agencies

[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Proposed Rules]
[Pages 1159-1164]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-322]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-12-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-300, -400, -500, -600, 
-700, -700C, -800, and -900, and 747-400 Series Airplanes; and Model 
757, 767, and 777 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

-----------------------------------------------------------------------

SUMMARY: This document revises an earlier supplemental notice of 
proposed

[[Page 1160]]

rulemaking (NPRM), applicable to certain Boeing Model 737-300, -400, -
500, -600, -700, -700C, -800, and -900, and 747-400 series airplanes; 
and Model 757, 767, and 777 airplanes. The first supplemental NPRM 
would have required modifying the static inverter by replacing resistor 
R170 with a new resistor and relocating the new resistor. This new 
action revises the first supplemental NPRM by adding certain airplanes 
to the applicability, changing certain airplane groups, and adding 
certain part numbers. The actions specified by this second supplemental 
NPRM are intended to prevent a standby static inverter from 
overheating, which could result in smoke in the flight deck and cabin 
and loss of the electrical standby power system. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by February 6, 2009.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-12-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-12-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Binh V. Tran, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 917-6485; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-12-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-12-AD, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain Boeing Model 737-300, -400, -500, -600, -700, -700C, -800, and 
-900, and 747-400 series airplanes; and Model 757, 767, and 777 
airplanes, was published as a supplemental notice of proposed 
rulemaking (NPRM) in the Federal Register on May 26, 2006 (71 FR 
30331). The first supplemental NPRM would have required modifying the 
static inverter by replacing resistor R170 with a new resistor and 
relocating the new resistor. The first supplemental NPRM was prompted 
by further evaluation of the carbon resistor, which revealed a failure 
mode that can cause the resistor to ignite, involving adjacent 
capacitors as well. Those conditions, if not corrected, could result in 
smoke in the flight deck and cabin and loss of the electrical standby 
power system.

Actions Since Issuance of First Supplemental NPRM

    Since issuance of the first supplemental NPRM, Boeing has revised 
the service bulletins listed in the following table:

                        Revised Service Bulletins
------------------------------------------------------------------------
       Action             Service bulletin                Model
------------------------------------------------------------------------
Modification........  Boeing Alert Service      737-300, -400, -500
                       Bulletin 737-24A1166,     series airplanes.
                       Revision 2, dated
                       January 29, 2007.
Modification........  Boeing Alert Service      737-300, -400, -500
                       Bulletin 737-24A1166,     series airplanes.
                       Revision 3, dated July
                       25, 2007.
Modification........  Boeing Service Bulletin   747-400, -400D, -400F
                       747-24-2254, Revision     series airplanes.
                       1, dated March 5, 2007.
Modification........  Boeing Service Bulletin   777-200, -300, -300ER
                       777-24-0095, Revision     series airplanes.
                       1, dated January 3,
                       2007.
------------------------------------------------------------------------

    The changes in these revisions are minor and no additional work is 
necessary for certain airplanes modified by the previous issues. 
However, more work is necessary on airplanes with certain static 
inverters installed. In addition, the revisions all add airplanes to 
those specified in the effectivity or move airplanes to different 
groups. Alert

[[Page 1161]]

Service Bulletin 737-24A1166, Revision 2, also adds two missing 
supplier part numbers, which are related to the existing Boeing part 
numbers, for the static inverters. Airplanes that were modified by 
installing the correct static inverter having the correct part number, 
as specified in Service Bulletin 737-24A1166, Revision 1, dated October 
20, 2005, or 747-24-2254, dated July 21, 2005, are not affected by the 
modification in the revised service information. Airplanes that were 
modified as specified in Service Bulletin 777-24-0095, dated June 30, 
2005, are not affected by the modification specified in Revision 1 of 
that bulletin. We have changed the second supplemental NPRM to refer to 
this revised service information as the appropriate source of service 
information for accomplishing the specified modification.
    The revised service bulletins refer to Avionic Instruments Inc. 
Service Bulletin 1-002-0102-1000-24-28, Revision B, dated July 24, 
2006, as an additional source of service information for modifying the 
static inverter.

Comments on First Supplemental NPRM

    Due consideration has been given to the comments received in 
response to the first supplemental NPRM.

Support for the First Supplemental NPRM

    The National Transportation Safety Board, Northwest Airlines, and 
Alaska Airlines support the intent of the first supplemental NPRM.

Request To Approve Revised Avionic Instruments Inc. (AII) Service 
Bulletin

    United Airlines (UA) asks that we approve the latest AII Service 
Bulletin 1-002-0102-1000-24-28; Revision A, dated June 22, 2005, was 
referenced in the first supplemental NPRM as an additional source of 
service information for doing the modification. UA adds that certain 
references to service information related to this AD on the Boeing Web 
site do not have cross references to the AII service bulletin. UA 
suggests that, to avoid confusion, Revision A remain as an additional 
source of service information for the rework.
    We agree to leave Revision A of the referenced service bulletin in 
the note in the second supplemental NPRM. We have reviewed AII Service 
Bulletin 1-002-0102-1000-24-28, Revision B, dated July 24, 2006 
(hereafter referred to as the AII service bulletin). We find that both 
Revision A and Revision B of the AII service bulletin are still 
acceptable as additional sources of service information for modifying 
the static inverter. We have changed Note 1 of the second supplemental 
NPRM to include Revision B of the service bulletin; Revision A remains 
in Note 1.

Request for Work Instructions To Apply To Both Airplane Groups

    UA suggests that the group separation specified in the Work 
Instructions in Boeing Service Bulletin 757-24-0110, dated April 28, 
2005, be disregarded, and the Group 1 Work Instructions apply to all 
airplanes. That service bulletin was referred to in the first 
supplemental NPRM as the appropriate source of service information for 
accomplishing the modification for Model 757-200, -200CB, -200PF 
airplanes. UA states that the Work Instructions are divided into Group 
1 and Group 2, based on the inverter part number as delivered 
configuration. UA adds that the current Boeing Illustrated Parts 
Catalog shows inverter part numbers are applicable to the entire 757 
fleet, which conflicts with the purpose of the service bulletin in 
separating the Work Instructions into two airplane groups.
    We acknowledge UA's request; however, Boeing has informed us that 
Service Bulletin 757-24-0110 will not be revised to incorporate the 
requested changes. Under the provisions of paragraph (b) of the second 
supplemental NPRM, however, we could consider requests for combining 
the Work Instructions if data are submitted to substantiate that using 
the Group 1 Work Instructions for all airplanes would provide an 
acceptable level of safety. We have made no change to the second 
supplemental NPRM in this regard.

Request To Include Certain Part Numbers

    UA states that the FAA response to the comment ``Request for 
Clarification of Part Number'' specified in the first supplemental NPRM 
indicates that supplier part number 1-001-0102-0265 is not an inverter 
part number; UA disagrees with the response. UA adds that Boeing 
Illustrated Parts Catalog, for Model 737-300/400/500 and Model 747-400, 
indicates that Specification Number S282T004-5 corresponds to both part 
numbers 1-001-0102-0265 and 1-002-0102-0265. UA asks that, in order to 
avoid confusion, the second supplemental NPRM clarify the existence and 
applicability of both part numbers.
    We agree with the request. Revision B of AII Service Bulletin 1-
002-0102-1000-24-28, dated July 24, 2006, includes the subject part 
numbers, and we have included Revision B in the second supplemental 
NPRM as an additional source of service information for modifying the 
static inverter.

Request To Include Future Revisions of Service Information

    Boeing asks that we address imminent revisions of the service 
bulletins identified in the first supplemental NPRM, as well as 
possible future revisions to any of the identified bulletins. Boeing 
states that revisions to the 747 and 777 service bulletins, which will 
add several airplanes to the effectivity lists in the bulletins, are 
imminent. Boeing notes that, as written, the applicability paragraph in 
the first supplemental NPRM will not include the added airplanes. 
Boeing suggests the applicability paragraph be changed to read ``* * * 
the applicable service bulletin specified in Table 1 of this AD or 
subsequent revision(s) to that bulletin.''
    We understand the commenter's concern, and we have included the 
revised service information specified under ``Actions Since Issuance of 
First Supplemental NPRM,'' which adds airplanes to the applicability 
section of this AD. However, we cannot use the phrase, ``or later FAA-
approved revisions'' in an AD because doing so violates Office of the 
Federal Register (OFR) regulations for approval of materials 
``incorporated by reference'' in rules. In general terms, we are 
required by these OFR regulations either to publish the service 
document contents as part of the actual AD language; or to submit the 
service document to the OFR for approval as ``referenced'' material, in 
which case we may refer to such material in the text of an AD. The AD 
may refer to the service document only if the OFR approved it for 
``incorporation by reference.'' To allow operators to use later 
revisions of the referenced documents (issued after publication of the 
AD), Boeing or operators must request approval to use later revisions 
as an alternative method of compliance with the AD under the provisions 
of paragraph (b) of the AD.

Request To Remove Model 747 and 777 Airplanes From the Applicability

    Air Transport Association (ATA), on behalf of its member American 
Airlines (AA), and Boeing, asks that we remove Model 747 and 777 
airplanes from the applicability of the first supplemental NPRM. ATA 
and AA state that we should delete Model 777 airplanes from the 
applicability of the first supplemental NPRM because the inverters on 
those airplanes have a different configuration and are not

[[Page 1162]]

susceptible to the subject unsafe condition. Boeing Safety Review Board 
made a finding of ``Not Safety'' for the Model 747 and 777 airplanes. 
Boeing adds that there have been no failures on these models, and the 
inverters on these models are not running during normal operations.
    We do not agree with the requests. Model 747 and 777 airplanes have 
the same type of static inverters that were installed on the airplanes 
specified in the first supplemental NPRM. Those static inverters could 
overheat at anytime during operation due to a faulty resistor. As 
stated in Boeing Service Bulletins 747-24-2254 and 777-24-0095, the 
static inverter change will prevent the possible unwanted smoke and 
fire from a faulty resistor in the static inverter. Therefore, Model 
747 and 777 airplanes will remain in the applicability of the second 
supplemental NPRM. We acknowledge that the static inverters are not 
running during normal operations, but they could overheat during 
emergency operations (standby conditions). However, we have determined 
that due to the reduced risk on Model 747 and 777 airplanes, the 
compliance time for those airplanes can be extended to 60 months. We 
have revised paragraph (a) of this AD accordingly.

Requests To Extend Compliance Time

    ATA, on behalf of its member American Airlines, asks that we extend 
the proposed compliance time to 10 years for airplanes on which the AII 
service bulletin has been incorporated. AA asks that, due to existing 
maintenance intervals, the compliance time be extended to 60 months for 
operators that accomplished the first supplemental NPRM. AA adds that 
its justification stems from the heat being reduced in the area of the 
capacitors C50 and C51, with the resistor R170 on the solder side of 
the printed circuit board.
    We do not agree with the request. As stated in ``Actions Since 
Issuance of Previous Proposal,'' in the first supplemental NPRM, recent 
in-service experience has shown that simply relocating the carbon 
composition-style resistor, which was installed in production until 
late 1999, did not prevent the overheat condition. Further evaluation 
of the carbon resistor has shown a failure mode that can cause the 
resistor to ignite. Incorporation of the AII service bulletin will not 
mitigate the safety concern. In developing an appropriate compliance 
time for this action, we considered the urgency associated with the 
subject unsafe condition, the availability of required parts, and the 
practical aspect of accomplishing the required modification within a 
period of time that corresponds to the normal scheduled maintenance for 
most affected operators. According to the manufacturer, an ample number 
of required parts will be available to modify the U.S. fleet within the 
proposed compliance time. Therefore, we find that 42 months is 
sufficient time in which to do the modification. However, according to 
the provisions of paragraph (b) of the second supplemental NPRM, we 
could approve requests to adjust the compliance time if the request 
includes data that prove that the new compliance time would provide an 
acceptable level of safety.

Request for Component AD

    AirTran Airways Inc. (AirTran) reiterates the comments under 
``Request for a Component AD'' specified in the first supplemental NPRM 
and states that this second supplemental NPRM should be a ``component 
AD'' rather than an aircraft AD. AirTran states that once an aircraft 
delivers from the factory with a component installed, that component is 
likely to be replaced due to failure and subsequently installed on 
another aircraft outside of the effectivity range. AirTran notes that 
it is unrealistic to expect that a component that has qualified 
interchangeables will still be installed on the aircraft on which it 
was delivered. AirTran states that the AD should be written in a manner 
that best ensures the safety of the flying public; this involves 
considering how operators use the aircraft and not necessarily how the 
manufacturer built the aircraft. AirTran adds that by making the AD 
applicable to the part number unit, operators are more likely to 
identify all affected units and remove them from their system, 
including spares that are not addressed in the first supplemental NPRM, 
than if the AD is effective to aircraft line or serial numbers.
    We do not agree with the request. We have confirmed with Boeing 
that the service bulletins cited in the applicability list all the 
airplanes on which the parts addressed by this AD are eligible for 
installation. We have also confirmed with Boeing that the Illustrated 
Parts Catalogs have been properly updated. For these reasons, there is 
no need to further define the applicability. We have made no change to 
the second supplemental NPRM in this regard.

Request To Change Cost Impact Section

    ATA, on behalf of its member American Airlines, asks that the cost 
impact section be changed. ATA states that the proposed modification 
could be accomplished by either a repair facility or the operator. ATA 
adds that the FAA should amend the cost impact to include both of these 
alternatives. Both commenters recommend adding 2 hours of labor and the 
value of materials for the modification of the inverter to the cost 
section.
    We acknowledge the commenters' concerns. We recognize that, in 
accomplishing the requirements of any AD, operators might incur 
``incidental'' costs in addition to the ``direct'' costs that are 
reflected in the cost analysis presented in the AD preamble. However, 
the cost analysis in AD rulemaking actions typically does not include 
incidental costs.
    Further, because ADs require specific actions to address specific 
unsafe conditions (i.e., using a repair facility) they appear to impose 
costs that would not otherwise be borne by operators. However, because 
of the general obligation of operators to maintain and operate their 
airplanes in an airworthy condition, this appearance is deceptive. 
Attributing those costs solely to the issuance of this AD is 
unrealistic because, in the interest of maintaining and operating safe 
airplanes, prudent operators would accomplish the required actions even 
if they were not required to do so by the AD. In any case, we have 
determined that direct and incidental costs are still outweighed by the 
safety benefits of the AD. We have made no change to the second 
supplemental NPRM in this regard.

Clarification of Alternative Methods of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Conclusion

    Since certain changes expand the scope of the first supplemental 
NPRM, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.

Cost Impact

    There are approximately 3,856 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 1,882 airplanes of U.S. 
registry would be affected by the second supplemental NPRM. The 
following table provides the estimated costs for U.S. operators to 
comply with the second supplemental NPRM.

[[Page 1163]]



                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              Number of U.S.-
             Action                    Work hours       Average labor        Parts        Cost per airplane      registered            Fleet cost
                                                        rate per hour                                            airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Modification....................  Up to 2 hours,                  $80               $0   Between $80 and               1,882   Up to $301,120.
                                   depending on                                           $160.
                                   airplane
                                   configuration.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if the second supplemental NPRM were not adopted. The cost 
impact figures discussed in AD rulemaking actions represent only the 
time necessary to perform the specific actions actually required by the 
AD. These figures 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.

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 Impact

    The regulations proposed herein would not have a substantial direct 
effect on the States, on the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Boeing: Docket 2002-NM-12-AD.

    Applicability: This AD applies to the following airplanes, 
certificated in any category, as identified in the applicable Boeing 
service bulletin specified in Table 1 of this AD:

                         Table 1--Applicability
------------------------------------------------------------------------
             Airplane model                  Boeing service bulletin
------------------------------------------------------------------------
737-600, -700, -700C, -800, -900 series  Special Attention Service
 airplanes.                               Bulletin 737-24-1165, Revision
                                          1, dated October 20, 2005.
737-300, -400, -500 series airplanes...  Alert Service Bulletin 737-
                                          24A1166, Revision 3, dated
                                          July 25, 2007.
747-400, -400D, -400F series airplanes.  Service Bulletin 747-24-2254,
                                          Revision 1, dated March 5,
                                          2007.
757-200, -200CB, -200PF series           Special Attention Service
 airplanes.                               Bulletin 757-24-0110, dated
                                          April 28, 2005.
757-300 series airplanes...............  Special Attention Service
                                          Bulletin 757-24-0111, dated
                                          April 28, 2005.
767-200, -300, -300F series airplanes..  Special Attention Service
                                          Bulletin 767-24-0160, dated
                                          June 30, 2005.
767-400ER series airplanes.............  Special Attention Service
                                          Bulletin 767-24-0161, dated
                                          June 30, 2005.
777-200, -300, -300ER series airplanes.  Service Bulletin 777-24-0095,
                                          Revision 1, dated January 3,
                                          2007.
------------------------------------------------------------------------

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent a standby static inverter from overheating, which 
could result in smoke in the flight deck and cabin and loss of the 
electrical standby power system, accomplish the following:

Modification

    (a) At the time specified in paragraph (a)(1) or (a)(2) of this 
AD, as applicable: Modify the static inverter by removing resistor 
R170 from the logic control card assembly and replacing it with a 
new resistor, and relocating the new resistor to the solder side of 
the printed circuit board in accordance with the Accomplishment 
Instructions of the applicable service bulletin specified in Table 1 
of this AD.
    (1) For Model 737, 757, and 767 airplanes: Within 42 months 
after the effective date of this AD.
    (2) For Model 747 and 777 airplanes: Within 60 months after the 
effective date of this AD.

    Note 1:
    The Boeing service bulletins specified in Table 1 of this AD 
refer to Avionic Instruments Inc. Service Bulletins 1-002-0102-1000-
24-28, Revision A, dated June 22, 2005; and Revision B, dated July 
24, 2006, as additional sources of service information for 
accomplishing the

[[Page 1164]]

modification required by paragraph (a) of this AD.

Alternative Methods of Compliance

    (b)(1) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Seattle ACO.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

    Issued in Renton, Washington, on December 18, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service. 16
 [FR Doc. E9-322 Filed 1-9-09; 8:45 am]
BILLING CODE 4910-13-P
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