[Federal Register: December 16, 2004 (Volume 69, Number 241)]
[Proposed Rules]
[Page 75267-75270]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de04-13]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
[[Page 75267]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19865; Directorate Identifier 2003-NM-242-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 747, 757, 767 and 777
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) for certain Boeing Model 747, 757, 767, and 777 series
airplanes. That AD currently requires modifying certain drip shields
located on the flight deck, and follow-on actions. This proposed AD
would remove certain airplanes that are included in the applicability
statement of the existing AD, and would require modifying additional
drip shields on the flight deck of certain other airplanes. This
proposed AD is prompted by a determination that certain airplanes have
drip shields that are not adequately resistant to fire. We are
proposing this AD to prevent potential ignition of the moisture barrier
cover of the drip shield, which could propagate a small fire that
results from an electrical arc, leading to a larger fire.
DATES: We must receive comments on this proposed AD by January 31,
2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
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 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.
FOR FURTHER INFORMATION CONTACT:
Technical information: Patrick Gillespie, Aerospace Engineer, Cabin
Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056; telephone (425) 917-6429; fax (425) 917-6590.
Plain language information: Marcia Walters, marcia.walters@faa.gov.
SUPPLEMENTARY INFORMATION:
Docket Management System (DMS)
The FAA has implemented new procedures for maintaining AD dockets
electronically. As of May 17, 2004, new AD actions are posted on DMS
and assigned a docket number. We track each action and assign a
corresponding directorate identifier. The DMS AD docket number is in
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier
(``Old Docket Number'') as a cross-reference for searching purposes.
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2004-19865;
Directorate Identifier 2003-NM-242-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, 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 proposed AD. Using the search function of our
docket Web site, anyone can find and read the comments in any of our
dockets, including the 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.
We are reviewing the writing style we currently use in regulatory
documents. We are interested in your comments on whether the style of
this document is clear, and your suggestions to improve the clarity of
our communications that affect you. You can get more information about
plain language at http://www.faa.gov/language and http://www.plainlanguage.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 of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the DMS receives them.
Discussion
On December 20, 2000, we issued AD 2000-26-04, amendment 39-12054
(65 FR 82901, December 29, 2000), for certain Boeing Model 747, 757,
767, and 777 series airplanes. That AD requires modification of certain
drip shields located on the flight deck, and follow-on actions. That AD
was prompted by a report that, on certain Boeing Model 747, 757, 767,
and 777 series airplanes, the airplane manufacturer found some drip
shields assembled with the
[[Page 75268]]
moisture barrier cover bonded to the insulation and multiple insulation
layers bonded together using a non-flame-resistant adhesive. We issued
that AD to prevent potential ignition of the moisture barrier cover of
the drip shield, which could propagate a small fire that results from
an electrical arc, leading to a larger fire.
Actions Since Existing AD Was Issued
Since we issued AD 2000-26-04, the airplane manufacturer has
determined that additional Model 757-200, -200CB, and -200PF series
airplanes in certain configurations have drip shields that were not
fire-blocked from potential ignition sources.
Also, the airplane manufacturer has sampled and tested drip shield
material on certain Model 747 and 767 series airplanes, and has
determined that airplanes within certain line number ranges have
compliant drip shields. Neither further testing nor installation of
fire blocks is necessary on airplanes within these line number ranges.
As a result, we estimate that approximately 550 Model 747 series
airplanes and 470 Model 767 series airplanes, worldwide, will no longer
be subject to the existing requirements.
Relevant Service Information
We have reviewed Boeing Service Bulletin 757-25-0226, Revision 3,
dated September 2, 2004. (AD 2000-26-04 refers to the original issue of
that service bulletin, dated July 3, 2000, as the acceptable source of
service information for doing the required actions on certain Model
757-200, -200CB, and -200PF series airplanes.) Revision 3 of the
service bulletin describes procedures for modifying certain drip
shields on the flight deck by installing fire blocks in areas where the
drip shield is exposed to potential ignition sources. The procedures in
Revision 3 of the service bulletin are substantially similar to those
in Revision 2 of the service bulletin, dated October 31, 2002. However,
Revision 2 differs from the original issue of the service bulletin in
that Revision 2 adds procedures for installing fire blocks above
windows number 2 and 3 on the flight deck on certain airplanes.
Revision 2 also clarifies certain other procedures and corrects a part
number of a washer that is used with a rivet to attach fire blocks to
the drip shields. We have determined that accomplishment of the actions
specified in Revision 3 of the service information will adequately
address the unsafe condition.
We have also reviewed Boeing Service Bulletins 747-25-3253,
Revision 3, dated September 4, 2003; and 767-25-0290, Revision 4, dated
October 28, 2004. (AD 2000-26-04 refers to the original issues of these
service bulletins, both dated June 29, 2000, as the acceptable sources
of service information for doing the required actions on affected Model
747 and 767 series airplanes.) Service bulletins 747-25-3253, Revision
3, and 767-25-0290, Revision 4, describe procedures that are similar to
those in the original issue of those service bulletins. The latest
revisions include a revised effectivity listing (but don't add any
airplanes on which work is required) and clarify certain procedures.
FAA's Determination and Requirements of the Proposed AD
We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other products
of this same type design. Therefore, we are proposing this AD, which
would supersede AD 2000-26-04. This proposed AD would continue to
require modifying certain drip shields on the flight deck, and related
investigative and other specified actions. This proposed AD would
remove certain Model 747 and Model 767 series airplanes from the
applicability statement, and would require modifying additional drip
shields on the flight deck on certain Model 757-200, -200CB, and -200PF
series airplanes. This proposed AD would require you to use the service
information described previously to perform these actions, except as
discussed under ``Difference Between the Proposed AD and Service
Information.''
Difference Between the Proposed AD and Service Information
We have revised the applicability stated in paragraph (c) of this
proposed AD to state that the requirements of this AD apply to Model
747 series airplanes having line numbers (L/Ns) 1 through 299 inclusive
and 951 through 1234 inclusive (except L/Ns 292, 296, 297, 1174, and
1216), and Model 767 series airplanes having L/Ns 470 through 768
(except L/N 758). This applicability doesn't directly correspond to the
effectivity listing of Boeing Service Bulletins 747-25-3253, Revision
3, and 767-25-0290, Revision 4. Those service bulletins state that no
action is necessary on airplanes in Group 3 of Boeing Service Bulletin
747-25-3253, Revision 3, and in Group 1 of Boeing Service Bulletin 767-
25-0290, Revision 4. However, instructions for airplanes in those
groups have been included in the service bulletin for the convenience
of affected operators, so those airplanes are included in the
effectivity listing. Because no action is necessary for those
airplanes, we have removed the airplanes in those groups from the
applicability stated in paragraph (c) of this AD.
Changes to Existing AD
This proposed AD would retain all requirements of AD 2000-26-04.
Since AD 2000-26-04 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:
Revised Paragraph Identifiers
------------------------------------------------------------------------
Corresponding requirement in
Requirement in AD 2000-26-04 this proposed AD
------------------------------------------------------------------------
Paragraph (a)........................... Paragraph (f).
Paragraph (b)........................... Paragraph (g).
Paragraph (c)........................... Paragraph (h).
------------------------------------------------------------------------
Also, we have revised the ``Optional Sampling'' provision in
paragraph (h) of this AD. We changed the service bulletin reference for
Model 747 series airplanes from the original issue to Revision 3 of
Boeing Service Bulletins 747-25-3253. As explained under ``Difference
Between the Proposed AD and Service Information,'' Boeing has moved
certain airplanes on which no action is necessary from Group 1 to Group
3 in Revision 3 of the service bulletin. We have also removed the
reference to Model 767 series airplanes listed in Group 1 of Boeing
Service Bulletin 767-25-0290. Boeing doesn't need any more sampling
data from these airplanes.
Costs of Compliance
This proposed AD would affect about 2,222 airplanes worldwide. The
following table provides the estimated costs for U.S. operators to
comply with the actions that are required by AD 2000-26-04 and retained
in this proposed AD. The average labor rate is $65 per work hour.
[[Page 75269]]
Estimated Costs
----------------------------------------------------------------------------------------------------------------
U.S.- Maximum
Model registered Work hours Labor cost Parts cost (estimated) fleet cost
airplanes (estimated) (estimated) (estimated)
----------------------------------------------------------------------------------------------------------------
747................................. 105 39 $2,535 $2,300 to $3,500...... $633,675
757................................. 491 26 1,690 1,700................. 1,664,490
767................................. 140 17 1,105 2,300................. 476,700
777................................. 56 3 195 1,700................. 106,120
----------------------------------------------------------------------------------------------------------------
For Model 747 series airplanes listed in Group 1 in Boeing Service
Bulletin 747-25-3253, Revision 3, in lieu of doing the modification of
the drip shields, this proposed AD provides an option to take samples
of the drip shields to determine if the modification is necessary.
Therefore, the estimated costs above may be reduced if some airplanes
do not need the modification. It would take approximately 18 work hours
to do the sampling, at an average labor rate of $65 per work hour.
Based on these figures, the cost impact of the sampling is estimated to
be $1,170 per sampled airplane.
As many as 491 U.S.-registered Model 757-200, -200CB, and -200PF
series airplanes may be subject to the new proposed actions. These new
actions would take about 8 additional work hours per airplane, at an
average labor rate of $65 per work hour. Required parts would cost an
additional $160 per airplane (for a total parts cost of $1,860). Based
on these figures, the estimated cost of the new actions specified in
this proposed AD for U.S. operators of affected airplanes is up to an
additional $333,880 or $680 per airplane.
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, the FAA is charged with promoting
safety 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
proposed AD.
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 proposed AD. 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 removing amendment 39-12054 (65 FR
82901, December 29, 2000), and adding the following new airworthiness
directive (AD):
Boeing: Docket No. FAA-2004-19865; Directorate Identifier 2003-NM-
242-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this airworthiness directive (AD) action by January 31, 2005.
Affected ADs
(b) This AD supersedes AD 2000-26-04, amendment 39-12054 (65 FR
82901, December 29, 2000).
Applicability
(c) This AD applies to Model 747, 757, 767, and 777 series
airplanes having the line numbers (L/Ns) listed in Table 1 of this
AD; certificated in any category.
Table 1.--Applicability
----------------------------------------------------------------------------------------------------------------
Model Affected L/Ns Except L/Ns
----------------------------------------------------------------------------------------------------------------
747............................. 1 through 299 inclusive and 951 292, 296, 297, 1174, 1216.
through 1234 inclusive.
757............................. 2 through 895 inclusive......... 870, 886, 894.
767............................. 470 through 768 inclusive....... 758.
777............................. 2 through 254 inclusive......... 120, 219, 230, 235, 242, 245, 249.
----------------------------------------------------------------------------------------------------------------
Unsafe Condition
(d) This AD was prompted by a determination that certain
airplanes have drip shields that are not adequately resistant to
fire. We are issuing this AD to prevent potential ignition of the
moisture barrier cover of the drip shield, which could propagate a
small fire that results from an electrical arc, leading to a larger
fire.
[[Page 75270]]
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.
Requirements of AD 2000-26-04
Modification
(f) Within 6 years after February 2, 2001 (the effective date of
AD 2000-26-04, amendment 39-12054), accomplish paragraphs (f)(1),
(f)(2), and (f)(3) of this AD; in accordance with Boeing Service
Bulletin 747-25-3253, dated June 29, 2000, or Revision 3, dated
September 4, 2003; 757-25-0226, dated July 3, 2000, or Revision 3,
dated September 2, 2004; 757-25-0228, dated July 3, 2000; 767-25-
0290, dated June 29, 2000, or Revision 4, dated October 28, 2004; or
777-25-0164, dated June 29, 2000; as applicable; except as provided
by paragraph (g) of this AD. For Model 757-200, -200CB, and -200PF
series airplanes subject to Boeing Service Bulletin 757-25-0226: As
of the effective date of this AD, only Revision 3 of the service
bulletin may be used. For Model 747 and 767 series airplanes: As of
the effective date of this AD, only Boeing Service Bulletin 747-25-
3253, Revision 3, or 767-25-0290, Revision 4, as applicable, may be
used.
(1) Modify drip shields located on the flight deck by installing
fire blocks.
(2) Prior to further flight following accomplishment of
paragraph (f)(1) of this AD, perform a functional test of any system
disturbed by the modification, in accordance with the applicable
service bulletin or the Airplane Maintenance Manual (AMM), as
applicable. If any functional test fails, prior to further flight,
isolate the fault, correct the discrepancy in accordance with the
applicable AMM, and repeat the failed test until it is successfully
accomplished.
(3) Prior to further flight following the accomplishment of
paragraphs (f)(1) and (f)(2) of this AD, install placards on all
modified drip shields.
(g) If any wires or equipment are installed on the outboard
surface of the drip shield (that is, between the drip shield and the
airplane structure), modify that area in accordance with a method
approved by the Manager, Seattle Aircraft Certification Office
(ACO), FAA.
Optional Sampling (Certain Model 747 Series Airplanes)
(h) For Model 747 series airplanes listed in Group 1 in Boeing
Service Bulletin 747-25-3253, Revision 3, dated September 4, 2003:
In lieu of accomplishing paragraph (f) of this AD, within 6 years
after February 2, 2001, collect samples of the insulation and
adhesive of the drip shields, and submit the samples to the
manufacturer for testing, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 747-25-3253, dated June 29,
2000, or Revision 3, dated September 4, 2003. After the effective
date of this AD, only Revision 3 may be used.
(1) If the test on all samples is positive, no further action is
required by this AD.
(2) If the test on any sample is negative, accomplish paragraph
(f) of this AD before the compliance time specified in that
paragraph.
New Requirements of This AD
Model 757-200, -200CB -200PF Series Airplanes Previously Modified
(i) For Model 757-200, -200CB, and -200PF series airplanes that
were modified before the effective date of this AD in accordance
with Boeing Service Bulletin 757-25-0226, dated July 3, 2000: Within
6 years after the effective date of this AD, modify drip shields
located above windows number 2 and 3 on the flight deck by
installing fire blocks, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 757-25-0226, Revision 3,
dated September 2, 2004; except as provided by paragraph (g) of this
AD. After the modification, do the actions required by paragraph
(f)(2) and (f)(3) of this AD as these actions apply to the drip
shields modified in accordance with this paragraph.
Previously Accomplished Actions
(j) Modifying the drip shields before the effective date of this
AD in accordance with the applicable service bulletin specified in
paragraph (j)(1) or (j)(2) of this AD is acceptable for compliance
with the corresponding requirements of paragraphs (f) and (i) of
this AD, as applicable.
(1) For Model 757-200, -200CB, and -200PF series airplanes:
Boeing Service Bulletin 757-25-0226, Revision 2, dated October 31,
2002.
(2) For Model 767 series airplanes: Boeing Service Bulletin 767-
25-0290, Revision 3, dated June 26, 2003.
Alternative Methods of Compliance (AMOCs)
(k)(1) The Manager, Seattle ACO, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19.
(2) Except for Model 757-200, -200CB, and -200PF series
airplanes listed in Boeing Service Bulletin 757-25-0226, Revision 3,
dated September 2, 2004: Alternative methods of compliance, approved
previously in accordance with AD 2000-26-04, amendment 39-12054, are
approved as alternative methods of compliance with this AD.
Issued in Renton, Washington, on December 6, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-27503 Filed 12-15-04; 8:45 am]
BILLING CODE 4910-13-P