[Federal Register: May 18, 2004 (Volume 69, Number 96)]
[Rules and Regulations]
[Page 28051-28058]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my04-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-40-AD; Amendment 39-13635; AD 2004-10-05]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 747-400, 747-400D, 747-
400F, 757-200, 757-200PF, 757-200CB, 767-200, 767-300, and 767-300F
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Boeing transport category airplane models, as
listed above. This amendment requires a modification of the air data
computer (ADC) system, which involves installing certain new circuit
breakers, relays, and related components, and making various wiring
changes in and between the flight deck and main equipment center. For
certain airplanes, this amendment also requires accomplishment of
various other actions prior to or concurrently with the modification of
the ADC system. For certain airplanes, this amendment also contains an
option that will extend the compliance time to accomplish the
modification of the ADC system. This action is necessary to ensure that
the flightcrew is able to silence an erroneous overspeed or stall aural
warning. A persistent erroneous warning could confuse and distract the
flightcrew and lead to an increase in the flightcrew's workload. Such a
situation could lead the flightcrew to act on hazardously misleading
information, which could result in loss of control of the airplane.
This action is intended to address the identified unsafe condition.
DATES: Effective June 22, 2004.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 22, 2004.
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207. This information may be examined at the Federal
Aviation Administration (FAA), Transport Airplane Directorate, Rules
Docket, 1601 Lind Avenue, SW., 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:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
FOR FURTHER INFORMATION CONTACT: Elizabeth Zurcher, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 917-6495; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Boeing transport category
airplane models was published in the Federal Register on July 17, 2003
(68 FR 42317). That action proposed to require a modification of the
air data computer (ADC) system, which involves installing certain new
circuit breakers, relays, and related components, and making various
wiring changes in and between the flight deck and main equipment
center. For certain airplanes, that action also proposed to require
accomplishment of various other actions prior to or concurrently with
the modification of the ADC system.
Actions Since Issuance of the Proposed Rule
Since issuance of the proposed rule, we have reviewed and approved
the following Boeing service bulletins:
757-34A0222, Revision 1, dated July 17, 2003 (for Model
757-200, -200PF, and -200CB series airplanes), which describes
procedures for installing a circuit breaker and replacing an existing
lightplate assembly with a new, improved lightplate assembly in the
flight compartment; installing two relays and removing a certain relay
in the main equipment center; making various wiring changes in the
flight compartment and main equipment center; and performing tests of
the flight data acquisition unit, flight data recorder system, and
stall and
[[Page 28052]]
overspeed warnings. These changes are intended to allow the flightcrew
to silence an erroneous aural overspeed or stall warning by switching
away from a failed ADC that is generating the warning. This service
bulletin specifies that Boeing Service Bulletin 757-31-0059 must be
accomplished either previously or concurrently. We have revised this
final rule to include reference to Revision 1 of the service bulletin
as the appropriate source of service information for the required
modification (for Model 757-200, -200PF, and -200CB series airplanes).
767-34A0332, Revision 1, dated April 24, 2003 (for Model
767-200, -300, and -300F series airplanes), which describes procedures
for modifying the air data switching system and doing a system
functional test. These changes are intended to allow the flightcrew to
silence an erroneous aural overspeed or stall warning by switching away
from a failed ADC that is generating the warning. This service bulletin
specifies that Boeing Service Bulletins 767-31-0091, 767-31-0098, 767-
31-0099, 767-31-0100, or 767-31-0101, as applicable, must be
accomplished either previously or concurrently. We have revised this
final rule to include reference to Revision 1 of the service bulletin
as the appropriate source of service information for the required
modification (for Model 767-200, -300, and -300F series airplanes).
Revision 1 of the service bulletin contains an increase in the work
hour estimate for the change and test from 55 to 124 work hours.
We also have reviewed and approved the following Boeing special
attention service bulletins:
747-31-2313, Revision 1, dated September 26, 2002 (for
Model 747-400, -400D, and -400F series airplanes), which describes
procedures for changing the termination of two wires on the MAWEA card
file and for performing an operational test.
757-31-0068, Revision 1, dated August 29, 2002 (for Model
757-200, -200CB, and -200PF series airplanes), which describes
procedures for changing two wires in wire bundle W1451 at the P51
warning electronics card file panel and for performing an operational
test.
767-31-0149, Revision 1, dated November 7, 2002 (for Model
767-200, -300, and -300F series airplanes), which describes procedures
for changing the wire termination on the left and right siren owl
amplifier modules in the P51 warning electronics unit and for
performing an operational test.
We have revised the final rule to reference these Boeing special
attention service bulletins as the appropriate source of service
information for the optional interim measure that has been added to the
final rule.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Request To Extend Compliance Time
Several commenters request that the compliance time for
modification that is specified in the proposed AD be extended from 24
months to compliance times that range between 42 to 72 months. The
commenters cite significant out-of-service costs and logistical impact
associated with a 24-month compliance time requirement. Some commenters
suggest that there are FAA-approved service instructions (i.e., Boeing
Special Attention Service Bulletin 747-31-2313, Revision 1, dated
September 26, 2002; Boeing Special Attention Service Bulletin 757-31-
0068, Revision 1, dated August 29, 2002; and Boeing Special Attention
Service Bulletin 767-31-0149, Revision 1, dated November 7, 2002) that
could be incorporated to allow flightcrews to silence aural overspeed
warnings as an interim action. They propose that the FAA add an option
to accomplish the interim action within 12 or 18 months and then
accomplish the modification within 60 or 72 months after the effective
date of the AD.
The FAA agrees with the commenters that operators could experience
significant out-of-service cost and logistical impacts associated with
a 24-month compliance time. We also agree that an optional interim
action be added to allow flightcrews to silence aural overspeed
warnings as specified in the Boeing special attention service bulletins
described earlier. We find that, if the optional interim action is
accomplished within 18 months, the required modification can be
accomplished within 72 months after the effective date of this final
rule and will maintain an acceptable level of safety without an
additional burden to the operators. Therefore, we have added an option
so that operators may accomplish the required modification in one of
two ways:
1. Accomplish the required modification as originally proposed
within 24 months after the effective date of the final rule; or
2. Accomplish the interim action specified in the applicable Boeing
special attention service bulletin within 18 months after the effective
date of the final rule and accomplish the required modification
specified in the applicable Boeing service bulletin within 72 months
after the effective date of the final rule. The following table lists
the applicable service bulletins for the interim measure and required
modification.
Table--Applicable Service Bulletins
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Boeing Service Bulletin Model
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Special Attention Service Bulletin 747-31-2313, Revision 1, 747
dated September 26, 2002.......................................
Alert Service Bulletin 747-34A2460, Revision 2, dated June 14, 747
2001...........................................................
Special Attention Service Bulletin 757-31-0068, Revision 1, 757
dated August 29, 2002..........................................
Service Bulletin 757-34A0222, Revision 1, dated July 17, 2003... 757
Special Attention Service Bulletin 767-31-0149, Revision 1, 767
dated November 7, 2002.........................................
Service Bulletin 767-34A0332, Revision 1, dated April 24, 2003.. 767
------------------------------------------------------------------------
Accordingly, we have revised the final rule by adding the new
compliance times to paragraph (a) of the final rule, adding the
optional interim action as new paragraph (b) of the final rule, and
moving the requirements for the modification (specified in paragraph
(a) of the proposed AD) to paragraph (c) of the final rule.
Request for an Alternative Method of Compliance (AMOC) to the Proposed
AD
One commenter requests that an AMOC be considered. The commenter
states that its safety management has not identified the inability to
silence an erroneous warning as a potential safety issue and questions
if the severity of the failure and probability of an event justify the
compliance time of the proposed AD. The commenter contends that the
compliance time of 24 months will be costly and cause logistical and
supply problems. The commenter suggests that AMOCs such as a flightcrew
drill would be a way to maintain an acceptable level of safety without
requiring the AD.
We do not agree that the flightcrew drill suggested by the
commenter would be an acceptable AMOC primarily because it requires
tripping circuit breakers, which is against standard practice and could
result in the loss of other necessary airplane systems. However, under
the provisions of paragraph (h) of the final rule, we may
[[Page 28053]]
consider requests for approval of an AMOC if sufficient data are
submitted to substantiate that such an AMOC would provide an acceptable
level of safety. No change is necessary to the final rule in this
regard.
Request To Withdraw the Proposed AD
One commenter states that, if there is a low frequency of erroneous
audio warnings and an acceptable flightcrew drill is available to
cancel the warnings, then it is questionable whether the proposed AD is
required to maintain an acceptable level of compliance.
We infer from the commenter's statement that the commenter requests
to withdraw the proposed AD. We do not agree with the request to
withdraw the proposed AD. We find that sufficient data exist to
demonstrate that an erroneous aural warning that cannot be silenced may
cause the flightcrew to act based on misleading information. We
consider this condition unsafe since it could result in incidents in
which flightcrew actions based on hazardously misleading information
result in loss of control of the airplane. We find that modification of
the ADC system, as required by this AD, will adequately address the
unsafe condition. No change is necessary to the final rule in this
regard.
Request To Remove ``Parts Installation'' Paragraph
One commenter requests to remove the ``Parts Installation''
paragraph (paragraph (c) of the proposed AD). The commenter contends
that paragraph (c) of the proposed AD is redundant to AD 96-07-09,
amendment 39-9588 (61 FR 14608, April 3, 1996), which advises
flightcrews to monitor the engine indication and crew alerting system
(EICAS) for ``status'' level messages pertaining to impending engine
fuel filter bypass and requires installation of upgraded EICAS
computers.
We do not agree that paragraph (e) of the final rule (specified in
paragraph (c) of the proposed AD) should be removed. Paragraph (c) of
the proposed AD is not redundant to AD 96-07-09. AD 96-07-09 requires
the installation of certain computers, while the intent of paragraph
(e) of the final rule is to prevent an identified unsafe condition from
being introduced into the fleet. However, we do find that the parts
listed in Boeing Alert Service Bulletin 747-34A2460, Revision 2, dated
June 14, 2001, may be used after the effective date of the final rule
with an acceptable level of safety until the required modification.
Therefore, we have removed Boeing Alert Service Bulletin 747-34A2460,
Revision 2, dated June 14, 2001, from paragraph (e) of the final rule.
Request To Revise Compliance Time in ``Parts Installation'' Paragraph
One commenter requests that the compliance time of the ``Parts
Installation'' paragraph (paragraph (c) of the proposed AD) be revised
to ``as of 24 months after the effective date of the AD.'' The
commenter notes that the compliance time specified in paragraph (c) of
the proposed AD implies that no ``Existing Part Number'' may be
installed upon the effective date of the AD. The commenter states that
this indicates existing parts are no longer useable immediately upon
the effective date of the AD, regardless of the airplane modification
status. The commenter believes the paragraph should state that existing
parts could no longer be used following incorporation of the various
service bulletins, not to exceed 24 months after the effective date of
the AD.
We do not agree to revise the compliance time of paragraph (e) of
the final rule (specified in paragraph (c) of the proposed AD). In
general, once we have determined that an unsafe condition exists, our
normal policy specifies not to allow that condition to be introduced
into the fleet. In developing the technical information on which every
AD is based, we consider the availability of spare parts that the AD
will require to be installed. When we have determined that those
(spare) parts are immediately available to operators, our policy
prohibits installation of the unsafe parts after the effective date of
the AD. However, as stated previously, we have removed Boeing Alert
Service Bulletin 747-34A2460, Revision 2, dated June 14, 2001, from
paragraph (e) of the final rule as its parts may be used after the
effective date of the final rule with an acceptable level of safety
until the modification required by this AD is accomplished. No
additional change is made in this regard.
Request To Use Latest Versions of Certain Service Bulletins
Several commenters request that the proposed AD be revised to
reference the latest versions of certain service bulletins, i.e.,
Boeing Service Bulletin 767-34A0332, Revision 1, dated April 24, 2003;
and Boeing Service Bulletin 757-34A0222, Revision 1, dated July 17,
2003. The commenters also request that earlier versions of these
service bulletins be clearly stated as acceptable for accomplishment of
the applicable actions.
We agree with the commenters that the latest revisions of the two
service bulletins stated above should be referenced in this AD. Since
the proposed AD was issued, Boeing has revised these two service
bulletins and the FAA has approved both service bulletins. The new
revisions correct minor errors relating to the position of the
available ground studs and length of wiring only. Therefore, we also
agree that previous incorporation of the original version of the
service bulletins is acceptable for accomplishment of the applicable
actions. We have revised the final rule to reference Boeing Service
Bulletins 757-34A0222, Revision 1, dated July 17, 2003; and 767-
34A0332, Revision 1, dated April 24, 2003; as appropriate sources of
service information and have revised the applicability of the final
rule to reference these service bulletins. There is no change in the
airplane variable numbers in the effectivity of the service bulletins.
However, operators should note that the estimated number of work hours
for Boeing Service Bulletin 767-34A0332, Revision 1, dated April 24,
2003, has been revised from 55 to 124 work hours to more accurately
reflect the time required for the change/test. The manufacturer based
its estimate of the work hours in the original service bulletin on a
simple airplane configuration. Because most operators have more complex
airplane configurations, Revision 1 of the service bulletin shows a
revised estimate of 124 work hours for the change/test. Accordingly, we
have revised the ``Cost Impact'' paragraph of the final rule.
Request To Refer to Later Revision of a Certain Service Bulletin
One commenter requests that the proposed AD refer to a later
revision of a certain service bulletin. The commenter states that the
proposed AD refers to Boeing Alert Service Bulletin 767-34A0332, dated
January 10, 2002, and that they have received Boeing Service Bulletin
767-34A0332, Revision 1, dated April 24, 2003. The commenter contends
that Revision 1 of the service bulletin has many deviations from their
actual airplane configuration. The commenter states that they have
asked Boeing to release a revised service bulletin and they were
informed Boeing would issue Revision 2 of the service bulletin in late
2003. The commenter recommends that we refer to Revision 2 of the
service bulletin in order for operators to accomplish the proposed AD
smoothly.
We do not agree to refer to Revision 2 of Boeing Service Bulletin
767-34A0332. Revision 2 of the service
[[Page 28054]]
bulletin has not been issued and Boeing does not expect to issue
Revision 2 until late 2004. We cannot refer to a document that we have
not reviewed and approved. We also cannot use the phrase, ``or later
FAA-approved revisions,'' in an AD when referring to the service
document 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 to
publish either 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 only 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 document
(issued after publication of the AD), either we must revise the AD to
reference specific later revisions, or operators must request approval
to use later revisions as an alternative method of compliance with this
AD under the provisions of paragraph (h) of this AD. No change is made
to the final rule in this regard.
Request To Clarify Intent of Prior/Concurrent Actions
One commenter requests that the intent of the proposed AD, with
respect to prior/concurrent service bulletin actions, be clarified by
revising paragraph (b) of the proposed AD and adding a new paragraph
after paragraph (b)(2) of the proposed AD. The commenter states the
software versions specified in the service bulletins listed in Tables 2
and 3 of the proposed AD are outdated and have been revised many times
since the service bulletins were issued. The commenter points out the
proposed AD, as written, would require a reversion to older software
and hardware. The commenter recommends revising paragraph (b) of the
proposed AD to state ''* * * accomplish paragraph (b)(1), (b)(2), or
(b)(3) of this AD,'' and adding new paragraph (b)(3) as follows: ``No
additional work is necessary on airplanes that have been previously
accomplished per the actions specified in Tables 2 and 3. Subsequent
software and hardware changes made after implementation of service
bulletins specified in Tables 2 and 3 are considered acceptable when
accomplished per a later FAA-approved document.''
We agree with the commenter that previous accomplishment of
``prior/concurrent'' service bulletins is acceptable for compliance.
However, we do not agree with the commenter that the ``proposed AD, as
written, would require a reversion to older software and hardware.'' As
stated in new paragraph (d) of the final rule (specified in paragraph
(b) of the proposed AD), the actions in (d)(1) or (d)(2) of the final
rule are to be accomplished ``prior to or concurrently'' with
accomplishment of paragraph (c) of the final rule (specified in
paragraph (a) of the proposed rule). Therefore, no more work is
necessary on airplanes that previously accomplished the actions
specified in Tables 2 and 3 of the final rule. We also do not agree
with the commenter that software and hardware changes made per a later
FAA-approved document be added as acceptable for compliance. When
referencing a specific service bulletin in an AD, using the phrase,
``or later FAA-approved document,'' violates Office of the Federal
Register regulations for approving materials that are incorporated by
reference. However, affected operators may request approval to use a
later FAA-approved document as an alternative method of compliance,
under the provisions of paragraph (h) of the final rule. No change to
the final rule is necessary in this regard.
Request To Confirm Use of AMOC for Operator's Equivalent Procedures
(OEPs)
One commenter requests confirmation that the use of OEPs will
require AMOC approval and requests a name and address for AMOC
submittal.
We do confirm that the use of OEPs requires AMOC approval as
specified in paragraph (f) of the final rule (specified in paragraph
(d) of the proposed AD): ``An operator's ``equivalent procedure''
cannot be used unless the operator receives FAA approval for that
procedure according to paragraph (h) of this AD.'' Requests for AMOCs
should be sent to the Manager of the Seattle Aircraft Certification
Office at the address listed in the ``For Further Information Contact''
paragraph in the preamble of this final rule. No change to the final
rule is necessary in this regard.
Requests To Remove Certain Service Bulletins From the Proposed AD
One commenter requests that Boeing Service Bulletin 767-31-0101 be
removed from Table 3 of the proposed AD. The commenter notes that Table
1 of the proposed AD specifies that Model 767-200 series airplanes
listed in Boeing Service Bulletin 767-34A0332 are part of the
applicability of the proposed AD. However, paragraph (b)(2) of the
proposed AD specifies that all services bulletins listed in Table 3
must be accomplished prior to or concurrently with the actions required
by paragraph (a) of the proposed AD. The commenter states that the
wording in paragraph (b)(2) of the proposed AD will mandate
accomplishment of Boeing Service Bulletin 767-31-0101 for Model 767-200
series airplanes that are not part of the applicability of the proposed
AD as listed in Table 1. The commenter adds that its Model 767-200
series airplanes, which are listed in Service Bulletin 767-31-0101, are
not part of the applicability of the proposed AD. The commenter
contends that the primary intent of the proposed AD is to accomplish
the service bulletins listed in Table 1 of the proposed AD and to
accomplish concurrent requirements for airplanes that are part of the
Table 1 applicability.
We do not agree with the commenter's request to remove Boeing
Service Bulletin 767-31-0101 from Table 3 of the final rule. Although
the commenter does not have airplanes listed in Service Bulletin 767-
31-0101 that are part of the applicability of the final rule, there are
Model 767-200 series airplanes for other operators affected by this
final rule. We also do not agree that the wording in paragraph (b)(2)
of the proposed AD (specified in paragraph (d)(2) of the final rule)
will mandate accomplishment of Boeing Service Bulletin 767-31-0101 for
Model 767-200 series airplanes that are not part of the applicability
of this final rule. The intent of the AD is to accomplish the service
bulletins listed in Table 1 of the AD and to accomplish concurrent
requirements only on airplanes that are part of the Table 1
applicability. Paragraph (d)(2) of the final rule (specified in
paragraph (b)(2) of the proposed rule) does not mandate accomplishment
of the service bulletins listed in Tables 2 and 3 of the final rule for
all the airplanes listed in the effectivity of the listed service
bulletins, because the applicability of the final rule takes precedence
over the effectivity listed in any service bulletin. Because the
applicability statement in all AD actions lists all airplanes affected
by that AD, all of the requirements stated in an AD are applicable only
to the airplanes listed in the applicability, unless otherwise
specified in the AD. However, we have revised the wording in paragraph
(d)(2) of the final rule (specified in paragraph (b)(2) of the proposed
rule) for clarity.
One commenter requests that all references to Boeing Service
Bulletin 757-31-0059 be removed from the proposed AD. We infer from the
commenter that it contends the references to Service Bulletin are
redundant to AD 96-07-09, which was
[[Page 28055]]
described previously under the heading ``Request to Remove `Parts
Installation' Paragraph.''
We do not agree with the request to remove all references to Boeing
Service Bulletin 757-31-0059 from the final rule. While Service
Bulletin 757-31-0059 is related to AD 96-07-09, that AD does not
require accomplishment of Service Bulletin 757-31-0059. Therefore,
Boeing Service Bulletin 757-31-0059 is a required ``prior to/
concurrent'' service bulletin for this final rule. No change is made to
the final rule in this regard.
Request To Clarify Modification Steps in Paragraph (a)(3) of the
Proposed AD
One commenter requests that paragraph (a)(3) of the proposed AD be
clarified to indicate which steps are required for the modification.
The commenter believes the intent of paragraph (a)(3) of the proposed
AD might be unclear because only certain steps of the Accomplishment
Instructions of Boeing Alert Service Bulletin 767-34A0332 are listed.
The commenter suggests revising paragraph (a)(3) of the proposed AD to
read: ``For Model 767-200, -300, and -300F series airplanes: Modify the
air data switching system and do a systems functional test according to
Boeing Service Bulletin 767-34A0332, Revision 1, dated April 24,
2003.''
We agree that paragraph (c)(3) of the final rule (specified in
paragraph (a)(3) of the proposed AD) should be clarified to indicate
which steps are required for the modification. Although we used wording
referring only to the major steps of the service bulletin in the
proposed AD, it was our intent to require all the steps of the service
bulletin. Accordingly, we have revised paragraph (c)(3) of the final
rule (specified in paragraph (a)(3) of the proposed AD) to state ``For
Model 767-200, -300, and -300F series airplanes: Modify the air data
switching system and do a system functional test, according to Boeing
Service Bulletin 767-34A0332, Revision 1, dated April 24, 2003.''
Request To Revise ``Cost Impact'' Paragraph
Two commenters contend that it would take 250 work hours per
airplane to accomplish the proposed AD due to the access time required
and the time to accomplish the wiring modifications (the proposed AD
estimates 175 work hours for 747 series airplanes, 112 work hours for
the 757 series airplanes, and 105 work hours for the 767 series
airplanes). One commenter also notes that it has extensive ``power-
off'' requirements for its 757 and 767 series airplanes. The other
commenter states that for all 747, 757, and 767 series airplanes, the
proposed AD also does not include costs for disturbed system checks,
which it estimates at a minimum of 96 additional work hours.
We infer from the commenters that they request the ``Cost Impact''
paragraph of the proposed AD be revised. We do not agree. As stated
previously under the heading ``Request to Use Latest Versions of
Certain Service Bulletins,'' we have revised the ``Cost Impact''
paragraph of the final rule for Boeing Service Bulletin 767-34A0332,
Revision 1, dated April 24, 2003, by revising the work hours from 55 to
124, to reflect more accurately the time required for the change/test.
Our estimates 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. Disturbed system checks
are part of close up and ensure that the airplane is in an airworthy
condition, as required by the Federal Aviation Regulations and are not
included in the cost estimate for the final rule. No additional changes
are necessary to the final rule in this regard.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
There are approximately 1,872 airplanes of the affected designs in
the worldwide fleet. The FAA estimates that 36 Model 747-400, -400D,
and -400F series airplanes; 639 Model 757-200, -200CB, and -200PF
series airplanes; and 244 Model 767-200, -300, and -300F series
airplanes; of U.S. registry will be affected by this AD. Estimates of
the costs to accomplish the required actions are provided in the
following table:
Table--Cost Estimate for Required Service Bulletins
----------------------------------------------------------------------------------------------------------------
Work hours Hourly Cost per
Boeing Service Bulletin-- per labor rate Parts cost per airplane-- airplane--
airplane-- (dollars) (dollars)
----------------------------------------------------------------------------------------------------------------
747-31-2163............................... 2 65 None......................... 130
747-31-2178............................... 5 65 None......................... 325
747-31-2179............................... 2 65 None......................... 130
747-31-2180............................... 2 65 None......................... 130
747-31-2217............................... 2 65 None......................... 130
747-34A2460............................... 158 65 $1,448- 11,718-
$1,735....................... 12,005
747-45-2005............................... 2 65 None......................... 130
747-45-2010............................... 2 65 None......................... 130
757-31-0059............................... 5 65 None......................... 325
757-34A0222............................... 107 65 $12,571- 19,526-
$12,953...................... 19,908
767-31-0091............................... 7 65 None......................... 455
767-31-0098............................... 5 65 None......................... 325
767-31-0099............................... 24 65 None......................... 1,560
767-31-0100............................... 8 65 None......................... 520
767-31-0101............................... 6 65 None......................... 390
767-34A0332............................... 124 65 $9,988- 18,048-
$11,167...................... 19,227
----------------------------------------------------------------------------------------------------------------
[[Page 28056]]
We estimate that the total cost to accomplish all actions that are
required for all airplanes affected by this AD may be as much as
$18,878,215.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the requirements of this
AD action, and that no operator would accomplish those actions in the
future if this AD 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.
Estimates of the costs to accomplish the optional interim actions
are provided in the following table:
Table--Cost Estimate for Optional Service Bulletins
----------------------------------------------------------------------------------------------------------------
Hourly
Work hours labor rate-- Cost per
Boeing Service bulletin-- per (dollars) Parts cost per airplane-- airplane--
airplane-- (dollars)
----------------------------------------------------------------------------------------------------------------
747-31-2313............................... 1 65 None......................... 65
757-31-0068............................... 2 65 None......................... 130
767-31-0149............................... 1 65 None......................... 65
----------------------------------------------------------------------------------------------------------------
Regulatory Impact
The regulations adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness
directive:
2004-10-05 Boeing: Amendment 39-13635. Docket 2003-NM-40-AD.
Applicability: Airplanes as listed in Table 1 of this AD,
certificated in any category. Table 1 of this AD follows:
Table 1--Applicability
------------------------------------------------------------------------
As Listed in Boeing Service
Airplane Model-- Bulletin--
------------------------------------------------------------------------
747-400, 747-400D, 747-400F series Boeing Alert Service Bulletin
airplanes. 747-34A2460,
Revision 2, dated June 14,
2001.
757-200, 757-200PF, 757-200CB series Boeing Service Bulletin 757-
airplanes. 34A0222,
Revision 1, dated July 17,
2003.
767-200, 767-300, and 767-300F series Boeing Service Bulletin 767-
airplanes. 34A0332,
Revision 1, dated April 24,
2003.
------------------------------------------------------------------------
Compliance: Required as indicated, unless accomplished
previously.
To ensure that the flightcrew is able to silence an erroneous
overspeed or stall aural warning, accomplish the following:
Compliance Times
(a) Except as provided by paragraph (a)(3) of this AD, do the
actions specified in either paragraph (a)(1) or (a)(2) of this AD at
the times specified in paragraphs (a)(1) and (a)(2) of this AD, as
applicable.
(1) Within 24 months after the effective date of this AD, do the
actions specified in paragraph (c) of this AD.
(2) Within 18 months after the effective date of this AD, do the
actions in paragraph (b) of this AD; and within 72 months after the
effective date of this AD, do the actions specified in paragraph (c)
of this AD; except as provided by paragraph (a)(3) of this AD.
(3) Model 747-400, -400D, and -400F series airplanes equipped
with three air data computers (ADCs) are required to accomplish
paragraph (a)(1) of this AD.
Optional Interim Action
(b) Change the termination of the wires and perform an
operational test, according to the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 747-31-2313, Revision 1,
dated September 26, 2002 (for Model 747-400, -400D, and -400F series
airplanes); Boeing Special Attention Service Bulletin 757-31-0068,
Revision 1, dated August 29, 2002 (for Model 757-200, -200CB, and -
200PF series airplanes); and Boeing Special Attention Service
Bulletin 767-31-0149, Revision 1, dated November 7, 2002 (for Model
767-200, -300, and -300F series airplanes); as applicable.
Modification of Air Data Computer (ADC) System
(c) Modify the ADC system, as specified in paragraph (c)(1),
(c)(2), or (c)(3) of this AD, as applicable.
(1) For Model 747-400, -400D, and -400F series airplanes: Re-
route wires associated with ADC overspeed warnings, replace the P1-1
and P3-1 module assemblies in the flight deck with improved module
assemblies, install various wires in and between the flight deck and
main equipment center of the airplane, and perform a test of the
source select module and a system functional test, according to the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
34A2460, Revision 2, dated June 14, 2001.
Note 1: Boeing Service Bulletin 747-34A2460, Revision 2, refers
to Boeing Component Service Bulletins 233U2200-31-01 and 233U2205-
31-01, both dated April 20, 1995, as additional sources for
instructions to change the ADC computer source select switch on the
P1-1 and P3-1 panels, respectively.
(2) For Model 757-200, -200PF, and -200CB series airplanes:
Install a circuit breaker and replace an existing lightplate
assembly with a new, improved lightplate assembly in the flight
compartment; install two relays and remove a certain relay in the
main equipment center; make various wiring changes in the flight
compartment and main equipment center; and perform tests of the
flight data acquisition unit, flight data
[[Page 28057]]
recorder system, and stall and overspeed warnings. Do these actions
according to the Accomplishment Instructions of Boeing Service
Bulletin 757-34A0222, Revision 1, dated July 17, 2003.
(3) For Model 767-200, -300, and -300F series airplanes: Modify
the air data switching system and do a system functional test,
according to the Accomplishment Instructions of Boeing Service
Bulletin 767-34A0332, Revision 1, dated April 24, 2003.
Actions Required To Be Accomplished Prior to or Concurrently With
Paragraph (c) of This AD
(d) Prior to or concurrently with accomplishment of paragraph
(c) of this AD, accomplish paragraph (d)(1) or (d)(2) of this AD, as
applicable.
(1) For Boeing Model 747-400, -400D, and -400F series airplanes:
Do the actions specified in Table 2 of this AD, as applicable. Table
2 of this AD follows:
Table 2.--Boeing Model 747-400, -400D, and -400F Series Airplanes--Prior/Concurrent Actions
----------------------------------------------------------------------------------------------------------------
According to the
For airplanes listed in-- Accomplish all actions associated with-- Accomplishment
Instructions of--
----------------------------------------------------------------------------------------------------------------
Boeing Service Bulletin 747-31- Replacing the three Electronic Flight Boeing Service Bulletin
2179, dated May 26, 1994.. Information System (EFIS)/Engine Indicating 747-31-2179, dated May
and Crew Alerting System (EICAS) interface 26, 1994.
units (EIU) in the main equipment center with
improved EIUs and installing new software in
six integrated display units (IDU) and three
EIUs.
Boeing Service Bulletin 747-31- Replacing the three EIUs in the main equipment Boeing Service Bulletin
2180, dated March 17, 1994. center with improved EIUs and installing new 747-31-2180, dated March
software in six IDUs and three EIUs. 17, 1994.
Boeing Service Bulletin 747-31- Installing new software in six IDUs and three Boeing Service Bulletin
2217, dated May 19, 1994. EIUs. 747-31-2217, dated May
19, 1994.
Boeing Service Bulletins 747-31- Replacing three EIUs with improved EIUs and Boeing Service Bulletin
2217, dated May 19, 1994; and 747- installing new software in six IDUs and three 747-31-2178, dated July
31-2178, dated July 1, 1993. EIUs. 1, 1993.
Boeing Service Bulletins 747-31- Replacing certain central maintenance computers Boeing Service Bulletin
2217, dated May 19, 1994; and 747- (CMCs) with improved CMCs, modifying related 747-45-2005, dated
45-2005, dated February 8, 1990. wiring, and modifying the data loader control February 8, 1990.
panel.
Boeing Service Bulletins 747-31- Installing new software in the CMC............. Boeing Service Bulletin
2217, dated May 19, 1994; and 747- 747-45-2010, dated
45-2010, dated December 17, 1992. December 17, 1992.
Boeing Service Bulletins 747-31- Installing new software in six IDUs and three Boeing Service Bulletin
2217, dated May 19, 1994; and 747- EIUs. 747-31-2163, dated
31-2163, dated February 14, 1991. February 14, 1991.
----------------------------------------------------------------------------------------------------------------
Replacement of EICAS Computers
(2) For airplanes listed in Table 1 of this AD that are also
identified in any of the service bulletins listed in Table 3 of this
AD: Prior to or concurrently with accomplishment of the actions
required by paragraph (c) of this AD, accomplish all actions
associated with replacing the existing EICAS computers with improved
EICAS computers, according to the Accomplishment Instructions of the
applicable service bulletin specified in Table 3 of this AD. The
actions include performing an EICAS readout comparison to ensure
that the applicable software is used; replacing the existing EICAS
computers with new, improved EICAS computers that can be upgraded
with certain software; and making related wiring changes. Table 3 of
this AD follows:
Table 3.--Service Bulletins for Replacement of EICAS Computers
----------------------------------------------------------------------------------------------------------------
Boeing Service Bulletin (all including Service bulletin revision level--
Appendices A, B, and C)-- Service bulletin date--
----------------------------------------------------------------------------------------------------------------
757-31-0059............................. Revision 3...................... March 29, 2001.
767-31-0091............................. Revision 3...................... April 27, 2000.
767-31-0098............................. Revision 2...................... October 21, 1999.
767-31-0099............................. Revision 3...................... February 8, 2001.
767-31-0100............................. Revision 2...................... July 29, 1999.
767-31-0101............................. Original........................ July 6, 2000.
----------------------------------------------------------------------------------------------------------------
Parts Installation
(e) As of the effective date of this AD, no person may install,
on any airplane, a part having a part number listed in the
``Existing Part Number'' column of the table under paragraph 2.E. of
Boeing Alert Service Bulletins 757-31-0059, Revision 3, dated March
29, 2001; 767-31-0091, Revision 3, dated April 27, 2000; 767-31-
0098, Revision 2, dated October 21, 1999; 767-31-0099, Revision 3,
dated February 8, 2001; 767-31-0100, Revision 2, dated July 29,
1999; or 767-31-0101, dated July 6, 2000; or under paragraph II.D.
of Boeing Service Bulletins 747-31-2163, dated February 14, 1991;
747-31-2178, dated July 1, 1993; 747-31-2179, dated May 26, 1994;
747-31-2180, dated March 17, 1994; 747-45-2005, dated February 8,
1990; or 747-45-2010, dated December 17, 1992.
[[Page 28058]]
Operator's ``Equivalent Procedure''
(f) Where Boeing Alert Service Bulletin 747-34A2460, Revision 2,
dated June 14, 2001; and Boeing Service Bulletin 757-34A0222,
Revision 1, dated July 17, 2003; specify that certain actions may be
accomplished per an operator's ``equivalent procedure'': These
actions must be accomplished per the chapter of the applicable
Boeing 747 or 757 Airplane Maintenance Manual specified in the
applicable service bulletin. An operator's ``equivalent procedure''
cannot be used unless the operator receives FAA approval for that
procedure according to paragraph (h) of this AD.
Actions Accomplished Per Previous Issue of Service Bulletins
(g) Actions accomplished before the effective date of this AD
per Boeing Alert Service Bulletin 757-34A0222, dated March 28, 2002;
and Boeing Alert Service Bulletin 767-34A0332, dated January 10,
2002; are considered acceptable for compliance with the
corresponding actions specified in this AD.
Alternative Methods of Compliance
(h) In accordance with 14 CFR 39.19, the Manager, Seattle
Aircraft Certification Office, FAA, is authorized to approve
alternative methods of compliance for this AD.
Incorporation by Reference
(i) Unless otherwise specified in this AD, the actions shall be
done in accordance with the service information included in Table 4,
as follows:
Table 4.--Service Bulletins Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
Boeing Service Bulletins Revision Date
----------------------------------------------------------------------------------------------------------------
Alert Service Bulletin 747-34A2460............... 2....................... June 14, 2001.
Service Bulletin 747-31-2163..................... Original................ February 14, 1991.
Service Bulletin 747-31-2178..................... Original................ July 1, 1993.
Service Bulletin 747-31-2179..................... Original................ May 26, 1994.
Service Bulletin 747-31-2180..................... Original................ March 17, 1994.
Service Bulletin 747-31-2217..................... Original................ May 19, 1994.
Service Bulletin 747-45-2005..................... Original................ February 8, 1990.
Service Bulletin 747-45-2010..................... Original................ December 17, 1992.
Service Bulletin 757-31-0059, including 3....................... March 29, 2001.
Appendices A, B, and C.
Service Bulletin 757-34A0222..................... 1....................... July 17, 2003.
Service Bulletin 767-31-0091, including 3....................... April 27, 2000.
Appendices A, B, and C.
Service Bulletin 767-31-0098, including 2....................... October 21, 1999.
Appendices A, B, and C.
Service Bulletin 767-31-0099, including 3....................... February 8, 2001.
Appendices A, B, and C.
Service Bulletin 767-31-0100, including 2....................... July 29, 1999.
Appendices A, B, and C.
Service Bulletin 767-31-0101, including Original................ July 6, 2000.
Appendices A, B, and C.
Service Bulletin 767-34A0332..................... 1....................... April 24, 2003.
Special Attention Service Bulletin 747-31-2313... 1....................... September 26, 2002.
Special Attention Service Bulletin 757-31-0068... 1....................... August 29, 2002.
Special Attention Service Bulletin 767-31-0149... 1....................... November 7, 2002.
----------------------------------------------------------------------------------------------------------------
This incorporation by reference was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies may be obtained from Boeing Commercial Airplanes,
P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be
inspected 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 NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Effective Date
(j) This amendment becomes effective on June 22, 2004
Issued in Renton, Washington, on May 5, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-10907 Filed 5-17-04; 8:45 am]
BILLING CODE 4910-13-P