[Federal Register: July 6, 2005 (Volume 70, Number 128)]
[Proposed Rules]
[Page 38823-38826]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy05-26]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19540; Directorate Identifier 2004-NM-110-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 757 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
-----------------------------------------------------------------------
SUMMARY: The FAA is revising an earlier proposed airworthiness
directive (AD) for certain Boeing Model 757 airplanes. The original
NPRM would have required inspections of certain wire bundles in the
left and right engine-to-wing aft fairings for discrepancies, and
related investigative and corrective actions if necessary. The original
NPRM was prompted by a report indicating that a circuit breaker for the
fuel shutoff valve tripped due to a wire that chafed against the
structure in the flammable leakage zone of the aft fairing, causing a
short circuit. This action revises the original NPRM by adding a new
requirement for installing back-to-back p-clamps between the wire and
hydraulic supply tube at the aft end of the right-hand strut only; and
associated re-routing of the wire bundles, if necessary; and adding
airplanes to the applicability. This action also clarifies the
applicability specified in the original NPRM. We are proposing this
supplemental NPRM to prevent chafing between the wire bundle and the
structure of the aft fairing, which could result in electrical arcing
and subsequent ignition of flammable vapors and possible uncontrollable
fire.
DATES: We must receive comments on this supplemental NPRM by August 1,
2005.
ADDRESSES: Use one of the following addresses to submit comments on
this supplemental NPRM.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW., 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
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
You can examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or in person at the Docket Management Facility,
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401,
on the plaza level of the Nassif Building, Washington, DC. This docket
number is FAA-2004-19540; the directorate identifier for this docket is
2004-NM-110-AD.
FOR FURTHER INFORMATION CONTACT: Thomas Thorson, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone
(425) 917-6508; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this supplemental NPRM. Send your comments to an
address listed under ADDRESSES. Include ``Docket No. FAA-2004-19540;
Directorate Identifier 2004-NM-110-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this supplemental NPRM.
We will consider all comments received by the closing date and may
amend this supplemental NPRM in light of those comments.
We will post all comments submitted, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this supplemental NPRM. Using the search function
of our docket Web site, anyone can find and read the comments in any of
our dockets, including the
[[Page 38824]]
name of the individual who sent the comment (or signed the comment on
behalf of an association, business, labor union, etc.). You can review
the DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477-78), or you can visit http://dms.dot.gov
.
Examining the Docket
You can examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level in the Nassif Building at the DOT
street address stated in ADDRESSES. Comments will be available in the
AD docket shortly after the Docket Management System (DMS) receives
them.
Discussion
We proposed to amend 14 CFR part 39 with a notice of proposed
rulemaking (NPRM) for an AD (the ``original NPRM'') for certain Boeing
Model 757 airplanes. The original NPRM was published in the Federal
Register on November 5, 2004 (69 FR 64513). The original NPRM proposed
to require inspections of certain wire bundles in the left and right
engine-to-wing aft fairings for discrepancies, and related
investigative and corrective actions if necessary. The original NPRM
was prompted by a report indicating that a circuit breaker for the fuel
shutoff valve tripped due to a wire that chafed against the structure
in the flammable leakage zone of the aft fairing, causing a short
circuit. Chafing between the wire bundle and the structure of the aft
fairing could result in electrical arcing and subsequent ignition of
flammable vapors and possible uncontrollable fire.
Comments
We have considered the following comments on the original NPRM.
Support for Original NPRM
One commenter states that it agrees with the actions specified in
the original NPRM.
Request To Revise Service Information Referenced in the Original NPRM
Two commenters recommend that, due to additional findings by
operators during accomplishment of the service bulletins referenced in
the original NPRM, the service bulletins be revised with corrections to
address certain discrepancies found in those bulletins. Subsequently
Boeing revised the service bulletins. We have reviewed Boeing Alert
Service Bulletins 757-28A0073 (for Model 757-200, -200CB, and -200PF
series airplanes) and 757-28A0074 (For Model 757-300 series airplanes),
both Revision 1, both dated February 24, 2005. (The original NPRM
referenced Boeing Alert Service Bulletins 757-28A0073 and 757-28A0074,
both dated November 20, 2003, as the appropriate sources of service
information for accomplishing the proposed actions.) Revision 1 of the
service bulletins adds provisions for installing back-to-back p-clamps
between the wire and hydraulic supply tube at the aft end of the right-
hand strut only; and performing associated re-routing of the wire
bundles, if necessary. We have changed paragraphs (c) and (f) of this
supplemental NPRM to reference Revision 1 of the service bulletins.
Request To Clarify Applicability
One commenter, the airplane manufacturer, asks that the
applicability, specified in paragraph (c) of the original NPRM, be
changed for clarification. The commenter states that the supplemental
NPRM should apply only to Model 757 airplanes powered by Rolls-Royce
engines, not Pratt & Whitney engines. The commenter adds that, for
certain tasks, Revision 1 of the referenced service bulletins adds the
last 13 airplanes to the applicability so that the entire 757 fleet
powered by Rolls-Royce engines is included.
We agree with the commenter. The original NPRM refers to the
effectivity identified in the referenced service bulletins; however,
the applicability should be clarified to state that the supplemental
NPRM is applicable only to airplanes with Rolls-Royce engines, as
identified in Revision 1 of the referenced service bulletins. Paragraph
(c) of this supplemental NPRM is changed accordingly. In addition, the
total number of airplanes in the worldwide fleet specified in the
original NPRM was incorrect. The original NPRM specified a total of 613
airplanes worldwide, but the airplane manufacturer has verified that
the correct number of airplanes in the worldwide fleet should have been
identified in the original NPRM as 605. Therefore, the correct number
of airplanes for the supplemental NPRM is 618 worldwide and 342 of U.S.
registry. We have changed those numbers in this supplemental NPRM.
Request To Add Repetitive Inspections of the Engine-to-Wing Aft
Fairings
One commenter asks that operators be allowed to perform repetitive
detailed visual inspections of the wire bundles in the engine-to-wing
aft fairings instead of accomplishing the modification. The commenter
supports its request by its inspection with minimal findings. The
commenter adds that, in case of findings, the modification specified in
the referenced service information should be performed as a terminating
action. The commenter asks that the compliance time for the inspections
be at intervals between 24 and 60 months. The commenter notes that the
airplane manufacturer developed a maintenance schedule with repetitive
inspections for its Model 757 special freighter airplanes at a C-check
or 24 months, or 6,000 flight hours or 3,000 flight cycles.
We do not agree with the commenter. The configuration of several
airplanes in the 757 fleet has been identified as having the potential
to develop the unsafe condition specified in the original NPRM. The
modification will ensure that the unsafe condition of chafing between
the wire bundle and the structure of the aft fairing will not exist on
additional airplanes in the fleet. However, under the provisions of
paragraph (g) of this AD, affected operators may request approval of an
alternative method of compliance (AMOC) for the relevant requirements.
The request must include data substantiating that the AMOC would
provide an acceptable level of safety. We have not changed the
supplemental NPRM in this regard.
Request To Allow Compliance With Referenced Service Information
One commenter states that some pylon configurations already have
the correct wire routing and need only a bracket with part number P/N
313N5033-134 installed in order to comply with the modification
specified in the service information referenced in the original NPRM.
The commenter does not provide any request.
We acknowledge the commenter's concern and offer the following
response. The referenced service information is sufficiently
comprehensive to allow completion of the corrective actions for all
delivered airplane configurations, including the recommended
provisional work instructions, which will reduce the quantity of AMOC
approval requests by operators. We have approved Revision 1 of the
service bulletins, as specified previously, and revised the original
NPRM to refer to Revision 1. We hope this change will address the
commenter's concern.
[[Page 38825]]
Request To Address Technical Disparity
The same commenter suggests that we address a technical disparity
between the service information referenced in the original NPRM and
aircraft drawings 288N3121 and 288N3122. The commenter notes that Step
3 of Figure 2 of the original issue of Service Bulletin 757-28A0073
specifies inspection and possible replacement of caterpillar grommet P/
N BACG20Z-E on the pylon bulkhead at power plant station 278. The
commenter adds that this pylon bulkhead is a flanged hole, and the
drawings specify the use of caterpillar grommet P/N BACG20AD for the
flanged holes. The commenter adds that it has verified that P/N
BACG20Z-E will not fit on the pylon bulkhead at power plant station
278.
We acknowledge the commenter's concern. P/N BACG20Z-E has been
verified by the manufacturer to be the P/N installed during production,
and installation of this part per the referenced service bulletin has
been validated in-service. The installation steps have been clarified
in Revision 1 of the referenced service bulletin, and the manufacturer
has verified that the Illustrated Parts Catalog reflects the same part
number specified in the service bulletin. In addition, the referenced
drawings authorize installation of either P/N BACG20Z-E or P/N BACG20AD
by general note. We have received data substantiating that the
commenter's issues have been addressed through coordination with the
manufacturer. We have not changed the supplemental NPRM in this regard.
Request for Approval of Future Service Bulletin Revisions
One commenter asks that a statement be included in the supplemental
NPRM allowing the use of later FAA-approved revisions of the referenced
service information. The commenter states that this will allow
operators to use FAA-approved revisions without requesting an AMOC.
We do not agree with the commenter. We cannot accept as-yet
unpublished service documents for compliance with the requirements of
an AD. Referring to an unavailable service bulletin in an AD to allow
operators to use later revisions of the referenced documents (issued
after publication of the AD) violates Office of the Federal Register
regulations for approving materials that are incorporated by reference.
It should be noted that when we approve AD-related service information,
an AMOC is usually issued to the manufacturer to authorize use of the
new bulletin, thus precluding the need for operators to submit AMOC
requests. We have not changed the supplemental NPRM in this regard.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
The changes discussed above expand the scope of the original NPRM;
therefore, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for public comment on
this supplemental NPRM.
Costs of Compliance
There are about 618 airplanes of the affected design in the
worldwide fleet. This supplemental NPRM would affect about 342
airplanes of U.S. registry. The proposed actions would take between 16
and 44 work hours per airplane, depending on airplane configuration, at
an average labor rate of $65 per work hour. Required parts would cost
about $600 per airplane. Based on these figures, the estimated cost of
this supplemental NPRM on U.S. operators is between $560,880 and
$1,183,320, or between $1,640 and $3,460 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more 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 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 that the 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this supplemental NPRM. 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, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The FAA amends Sec. 39.13 by adding the following new
airworthiness directive (AD):
Boeing: Docket No. FAA-2004-19540; Directorate Identifier 2004-NM-
110-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by August 1, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model 757-200, -200PF, -200CB, and -300
series airplanes; certificated in any category; equipped with Rolls-
Royce engines; as identified in Boeing Alert Service Bulletins 757-
28A0073 and 757-28A0074, both Revision 1, both dated February 24,
2005.
Unsafe Condition
(d) This AD was prompted by a report indicating that a circuit
breaker for the fuel shutoff valve tripped due to a wire that chafed
against the structure in the flammable leakage zone of the aft
fairing, causing a short circuit. We are issuing this AD to prevent
chafing between the wire bundle and the structure of the aft
fairing, which could result in electrical arcing and subsequent
ignition of flammable vapors and possible uncontrollable fire.
[[Page 38826]]
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.
One-Time Inspections/Related Investigative and Corrective Actions
(f) Within 60 months after the effective date of this AD, do the
actions required by paragraphs (f)(1) and (f)(2) of this AD.
(1) Accomplish the detailed inspections for discrepancies of the
wire bundles in the left and right engine-to-wing aft fairings, and
applicable and related investigative and corrective actions if
necessary, as applicable, by doing all the actions specified in the
Accomplishment Instructions of Boeing Alert Service Bulletins 757-
28A0073 (for Model 757-200, -200CB, and -200PF series airplanes) and
757-28A0074 (for Model 757-300 series airplanes), both dated
November 20, 2003; or Revision 1, both dated February 24, 2005, as
applicable. Accomplish any related investigative and corrective
actions before further flight in accordance with the applicable
service bulletin.
(2) Install back-to-back p-clamps between the wire and hydraulic
supply tube at the aft end of the right-hand strut only; and re-
route the wire bundles, if necessary, by doing all the applicable
actions specified in the Accomplishment Instructions of Boeing Alert
Service Bulletin 757-28A0073 or 757-28A0074, both Revision 1, both
dated February 24, 2005; as applicable.
Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
Alternative Methods of Compliance (AMOCs)
(g) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
Issued in Renton, Washington, on June 27, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-13221 Filed 7-5-05; 8:45 am]
BILLING CODE 4910-13-U