[Federal Register: August 9, 2007 (Volume 72, Number 153)]
[Rules and Regulations]
[Page 44740-44744]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au07-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25326; Directorate Identifier 2006-NM-081-AD;
Amendment 39-15151; AD 2007-16-12]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 757-200 and -300 Series
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Boeing Model 757-200 and -300 series airplanes. This AD
requires changes to existing wiring; installation of new circuit
breakers, relays, relay connectors, and wiring; and replacement of
certain circuit breakers with higher-rated circuit breakers. For
certain airplanes, this AD also requires modification of wiring of the
control module assembly for the electrical systems. This AD results
from an in-flight entertainment (IFE) systems review. We are issuing
this AD to ensure that the flightcrew is able to turn off electrical
power to the IFE system and other non-essential electrical systems
through utility bus switches in the flight compartment. The
flightcrew's inability to turn off power to the IFE system and other
non-essential electrical systems during a non-normal or emergency
situation could result in the inability to control smoke or fumes in
the airplane flight deck or cabin.
DATES: This AD becomes effective September 13, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of September 13,
2007.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for service information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Shohreh Safarian, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone (425) 917-6418; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (AD) docket on the
Internet at http://dms.dot.gov or in person at the Docket Operations
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Operations office (telephone (800) 647-5527) is
located on the ground floor of the West Building at the street address
stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain Boeing Model
757-200 and -300 series airplanes. That NPRM was published in the
Federal Register on July 13, 2006 (71 FR 39597). That NPRM proposed to
require changes to existing wiring; installation of new circuit
breakers, relays, relay connectors, and wiring; and replacement of
certain circuit breakers with higher-rated circuit breakers. For
certain airplanes, that NPRM also proposed to require modification of
wiring of the control module assembly for the electrical systems.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Support of the NPRM
Boeing, Northwest Airlines (NWA), and the Air Transport Association
(ATA) agree with the intent of the NPRM.
Request To Clarify Affected Control Module Assemblies
The ATA, on behalf of its member US Airways, requests that we
clarify which control module assemblies are required to be modified. US
Airways states that it believes the intent of the NPRM would be to
require concurrent modification of the control module assemblies
identified in Boeing Service Bulletin 757-24-0093, dated August 14,
2003. However, US Airways points out that the effectivity of Boeing
Component Service Bulletin 233N3209-24-04, Revision 1, dated August 14,
2003, identifies additional parts not found in Boeing Service Bulletin
757-24-0093.
We agree that the intent of paragraph (g) of the NPRM was to
propose modification of certain control module assemblies identified in
paragraph 2.C.3. of Boeing Service Bulletin 757-24-0093. The affected
part numbers (P/Ns) are 233N3209-1025, -1026, -1028, -1300, and -1302.
We have revised paragraph (g) of this AD to identify those affected
part numbers. Further, we have revised paragraph (h) of this AD,
``Credit for Accomplishment of Previous Service Bulletin,'' to specify
that doing the modification in accordance with the original issue of
Boeing Component Service Bulletin 233N3209-24-04, dated April 10, 2003,
is acceptable only for control module assembly, P/Ns 233N3209-1025, -
1300, and -1302, since only these part numbers are referenced in the
effectivity of the original issue of Boeing Component Service Bulletin
233N3209-24-04.
Request To Address an Additional Circuit Breaker
NWA states that Boeing Service Bulletin 757-24-0093, dated August
14, 2003, does not address the shedding of direct current (DC) power on
Model 757-200 airplanes, variable numbers NE311 through NE325
inclusive. NWA further states that circuit breaker C9009, which
controls 28-volt DC power on these airplanes, is also not addressed by
the service bulletin. We infer that NWA would like Boeing to revise the
service bulletin to provide instructions for addressing the unsafe
condition on these specific airplanes.
We do not agree. The airplanes mentioned in NWA's comment above are
identified as Group 40 airplanes in Boeing Service Bulletin 757-24-
0093. Circuit breaker C9009 was not installed as part of the IFE system
on Boeing airplanes. That circuit breaker was installed in accordance
with a supplemental type certificate (STC), and we are currently
evaluating that issue separately from this AD. This AD affects only IFE
systems that were installed in production by Boeing. Therefore, we have
not changed this AD in this regard.
Request To Exclude Other Non-Essential Electrical Systems
NWA requests that we revise the NPRM to address the IFE system
only. NWA states that, in addition to addressing the IFE systems, the
NPRM and referenced Boeing service bulletins address other non-
essential systems. As justification for its request, NWA states
[[Page 44741]]
that the non-essential systems are unrelated to the Interim Policy
Guidance for Certification of In-Flight Entertainment Systems on Title
14 CFR Part 25 Aircraft, Policy Number PS-ANM100-2000-00105, dated
September 18, 2000.
We do not agree that the other non-essential electrical systems can
be excluded from the requirements of this AD. If we excluded non-
essential electrical systems from the requirements of this AD and
electrical power to those systems had to be shut off due to smoke or
fire, then power might also be shut off to other electrical systems
that are essential for safe flight and landing. For this reason,
control of the IFE and other non-essential electrical systems must be
independent from other electrical systems essential for safe flight and
landing. Therefore, we have determined that the actions required by
this AD are necessary to ensure the continued safety of the affected
fleet. We have revised the Summary section and paragraph (d) of this AD
to clarify that the flightcrew's inability to turn off power to the IFE
system and other non-essential electrical systems during a non-normal
or emergency situation could result in the inability to control smoke
or fumes in the airplane flight deck or cabin.
Request To Add an Alternative Method of Compliance (AMOC)
NWA requests that we revise this AD to allow use of a master ``kill
switch'' in the airplane flight deck and/or cabin to shut off
electrical power to the IFE system. As justification, NWA states that
kill switches give the flightcrew or flight attendants the ability to
shut off power to the IFE system without disturbing operation of flight
essential systems. NWA further states that the kill switches in the
flight deck should be positioned within easy reach of the flightcrew,
and that kill switches in the cabin should be within easy access of the
cabin crew. NWA asserts that adding kill switches meets and exceeds the
intent of the NPRM.
We do not agree with use of a master ``kill switch'' in either the
flight deck or the cabin, in general without understanding the specific
design details. To adequately address the unsafe condition, it is
necessary to supply power to all non-essential electrical systems
through a utility bus and to provide the flightcrew with a means of
deactivating all non-essential electrical systems to control smoke or
fumes in the flight deck or cabin. Deactivation of non-essential
electrical loads might not necessarily be achieved through use of a
master ``kill switch.'' However, under the provisions of paragraph (i)
of this AD, we may consider requests for approval of an AMOC if
sufficient data are submitted to substantiate that such a design change
would provide an acceptable level of safety. This AD affects only IFE
systems that were installed in production by Boeing. We have not
changed this AD in this regard.
Request To Exempt Airplanes With Deactivated Systems
NWA recommends that we revise this AD to include a waiver for IFE
systems that have been permanently deactivated. NWA states that these
systems would have all system power removed (capped and stowed) at the
breaker. NWA asserts that, if power is removed at the breaker level,
there is no possibility of the IFE system causing non-normal
emergencies due to the IFE system.
We do not agree to exempt airplanes with deactivated IFE systems
from the requirements of this AD. Since the IFE system has been
identified as the source of the unsafe condition, we need to evaluate
the method of deactivation with respect to its interaction with the
unsafe condition. Therefore, any request to exempt airplanes with
deactivated IFE systems should be submitted as an AMOC in accordance
with the provisions of paragraph (i) of this AD. We have not changed
this AD in this regard.
Request To Extend Compliance Time
NWA requests that we extend the compliance time from 60 months to
72 months. NWA states that the work specified in the referenced Boeing
service bulletins is complicated and accomplished best at a heavy
check, which occurs at 72-month intervals.
We do not agree with the commenter's request to extend the
compliance time. We have determined that the compliance time, as
proposed in the NPRM, represents the maximum interval of time allowable
for the affected airplanes to continue to safely operate before the
modification is done. Since maintenance schedules vary among operators,
there would be no assurance that the airplane would be modified during
that maximum interval. However, paragraph (i) of this AD provides
affected operators the opportunity to apply for an adjustment of the
compliance time if the operator also presents data justifying the
adjustment.
Request To Publish Service Information
The Modification and Replacement Parts Association (MARPA) states
that, typically, ADs are based on service information originating with
the type certificate holder or its suppliers. MARPA adds that
manufacturer service documents are privately authored instruments
generally having copyright protection against duplication and
distribution. MARPA notes that when a service document is incorporated
by reference into a public document, such as an AD, it loses its
private, protected status and becomes a public document. MARPA adds
that if a service document is used as a mandatory element of
compliance, it should not simply be referenced, but should be
incorporated into the regulatory document; by definition, public laws
must be public, which means they cannot rely upon private writings.
MARPA adds that service documents incorporated by reference should be
made available to the public by publication in the Department of
Transportation's Docket Management System (DMS), keyed to the action
that incorporates them. MARPA notes that the stated purpose of the
incorporation by reference method is brevity, to keep from expanding
the Federal Register needlessly by publishing documents already in the
hands of the affected individuals; traditionally, ``affected
individuals'' means aircraft owners and operators, who are generally
provided service information by the manufacturer. MARPA adds that a new
class of affected individuals has emerged, since the majority of
aircraft maintenance is now performed by specialty shops instead of
aircraft owners and operators. MARPA notes that this new class includes
maintenance and repair organizations, component servicing and repair
shops, parts purveyors and distributors, and organizations
manufacturing or servicing alternatively certified parts under section
21.303 (``Replacement and modification parts'') of the Federal Aviation
Regulations (14 CFR 21.303). MARPA adds that the concept of brevity is
now nearly archaic as documents exist more frequently in electronic
format than on paper. Therefore, MARPA asks that the service document
deemed essential to the accomplishment of the NPRM be incorporated by
reference into the regulatory instrument and published in DMS.
We acknowledge MARPA's comment concerning incorporation by
reference. The Office of the Federal Register (OFR) requires that
documents that are necessary to accomplish the requirements of the AD
be incorporated by reference during the final rule phase of rulemaking.
This AD incorporates by reference the documents necessary for the
accomplishment of the requirements
[[Page 44742]]
mandated by this AD. Further, we point out that while documents that
are incorporated by reference do become public information, they do not
lose their copyright protection. For that reason, we advise the public
to contact the manufacturer to obtain copies of the referenced service
information.
In regard to the commenter's request to post the service bulletin
on DMS, we are currently in the process of reviewing issues surrounding
the posting of service bulletins on DMS as part of an AD docket. Once
we have thoroughly examined all aspects of this issue and have made a
final determination, we will consider whether our current practice
needs to be revised. No change to this AD is necessary in response to
this comment.
Request To Allow Use of Parts Manufacturer Approval (PMA) Parts
MARPA states that the practice of requiring the replacement of a
defective part with a certain part conflicts with 14 CFR 21.303. MARPA
asserts that requiring installation of a certain part prevents
installation of other good parts and prohibits the development of new
parts. MARPA also states that the practice of requiring an AMOC to
install a PMA part should be stopped. MARPA concludes that this
practice presumes that all PMA parts are inherently defective and
require an additional layer of approval.
MARPA further states the NPRM does not comply with FAA Order
8040.2; that order states that replacement or installation of certain
parts could have replacement parts approved under 14 CFR 21.303 based
on a finding of identicality. That order also states that any parts
approved under this regulation and installed should be subject to the
actions of the AD and included in the applicability.
MARPA states that if a PMA part is defective, then it must be
addressed in an AD and not just simply implied by an AMOC requirement.
MARPA suggests that we adopt language used in ADs issued by
directorates other than the Transport Airplane Directorate, which
specify installing an ``FAA-approved equivalent part number'' or
``airworthy parts.'' MARPA contends that the mandates contained in
Section 1, paragraph (b)(1) of Executive Order 12866 are not being met
because the directorates differ in their treatment of this issue.
MARPA, therefore, requests that we revise the NPRM to allow use of PMA
parts.
We do not agree to revise this AD. The NPRM does not address PMA
parts, as provided in draft FAA Order 8040.2, because the Order was
only a draft that was out for comment at the time. After issuance of
the NPRM, the Order was revised and issued as FAA Order 8040.5 with an
effective date of September 29, 2006. FAA Order 8040.5 does not address
PMA parts in ADs.
We acknowledge the need to ensure that unsafe PMA parts are
identified and addressed in ADs in a standardized way at the national
level. We are currently examining all aspects of this issue, including
input from industry. Once we have made a final determination, we will
consider how our policy regarding PMA parts in ADs needs to be revised.
However, the Transport Airplane Directorate considers that to delay
this particular AD action would be inappropriate, since we have
determined that an unsafe condition exists and that replacement of
certain parts must be accomplished to ensure continued safety.
Therefore, no change has been made to this AD in this regard.
Clarification of Alternative Method of Compliance (AMOC) Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
There are about 548 airplanes of the affected design in the
worldwide fleet. This AD affects about 332 Model 757-200 and -300
airplanes of U.S. registry. The following table provides the estimated
costs, at an average labor rate of $80 per hour, for U.S. operators to
comply with this AD. The estimated work hours and cost of parts in the
following table depend on the relay and wiring configuration of an
airplane.
Estimated Costs
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Number of
U.S.-
Model Action Work hours Parts Cost per airplane registered Fleet cost
airplanes
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757-200 series airplanes........ Installation....... 38 to 46............ $2,781 to $5,917... $5,821 to $9,597.. 318 $1,851,078 to
$3,051,846.
Concurrent 3................... $73 to $90......... $313 to $330...... 318 $99,534 to
modification. $104,940.
757-300 series airplanes........ Installation....... 22.................. $2,080 to $4,632... $3,840 to $6,392.. 14 $53,760 to
$89,488.
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and
[[Page 44743]]
responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2007-16-12 Boeing: Amendment 39-15151. Docket No. FAA-2006-25326;
Directorate Identifier 2006-NM-081-AD.
Effective Date
(a) This AD becomes effective September 13, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the Boeing airplanes identified in
paragraphs (c)(1) and (c)(2) of this AD, certificated in any
category.
(1) Model 757-200 series airplanes, as identified in Boeing
Service Bulletin 757-24-0093, dated August 14, 2003.
(2) Model 757-300 series airplanes, as identified in Boeing
Service Bulletin 757-24-0094, dated April 17, 2003.
Unsafe Condition
(d) This AD results from an in-flight entertainment (IFE)
systems review. We are issuing this AD to ensure that the flightcrew
is able to turn off electrical power to the IFE system and other
non-essential electrical systems through utility bus switches in the
flight compartment. The flightcrew's inability to turn off power to
the IFE system and other non-essential electrical systems during a
non-normal or emergency situation could result in the inability to
control smoke or fumes in the airplane flight deck or cabin.
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.
Installation of Circuit Breakers, Relays, and Wiring
(f) Within 60 months after the effective date of this AD, do the
applicable actions specified in paragraphs (f)(1) through (f)(6) of
this AD, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 757-24-0093, dated August 14, 2003 (for
Model 757-200 series airplanes); or Boeing Service Bulletin 757-24-
0094, dated April 17, 2003 (for Model 757-300 series airplanes); as
applicable.
(1) For all airplanes: Change the wiring at the P5 and P11 panel
assemblies in the flight compartment, at the P36 panel assembly in
the forward cargo compartment, and at the P37 and P70 panel
assemblies in the main electronics compartment. Install a new relay
and relay connector, if applicable, at the P36 panel assembly and at
the P37 panel assembly.
(2) For Model 757-200 series airplanes identified as Group 1 in
Boeing Service Bulletin 757-24-0093, dated August 14, 2003: Install
new circuit breakers C3090 and C3089 at the P37 and P70 panel
assemblies, respectively, in the main electronics compartment.
(3) For Model 757-200 series airplanes identified as Groups 21
and 22 in Boeing Service Bulletin 757-24-0093, dated August 14,
2003: Replace circuit breaker C311 at the P31 panel assembly in the
main electronics compartment with a higher-rated circuit breaker.
(4) For Model 757-200 series airplanes identified as Groups 1
through 20 inclusive and 23 through 40 inclusive in Boeing Service
Bulletin 757-24-0093, dated August 14, 2003: Replace circuit
breakers C311 and C315 at the P31 and P32 panel assemblies,
respectively, in the main electronics compartment with higher-rated
circuit breakers.
(5) For Model 757-300 series airplanes identified as Groups 1
and 4 in Boeing Service Bulletin 757-24-0094, dated April 17, 2003:
Replace circuit breakers C311 and C315 at the P31 and P32 panel
assemblies, respectively, in the main electronics compartment with
higher-rated circuit breakers.
(6) For Model 757-300 series airplanes identified as Groups 1,
2, and 3 in Boeing Service Bulletin 757-24-0094, dated April 17,
2003: Install new wires between the P5 panel assembly in the flight
compartment and the P36 and P37 panel assemblies in the main
electronics compartment.
Concurrent Requirement for Certain Airplanes
(g) For the Model 757-200 series airplanes identified as Groups
8, 9, 12, 15, 20, 21 through 32 inclusive, and 34 through 40
inclusive in Boeing Service Bulletin 757-24-0093, dated August 14,
2003, equipped with control module assembly, part number (P/N)
233N3209-1025, -1026, -1028, -1300, or -1302: Prior to or
concurrently with accomplishing the actions specified in paragraph
(f) of this AD, modify the wiring of the control module assembly for
the electrical systems, by accomplishing all of the actions
specified in the Accomplishment Instructions of Boeing Component
Service Bulletin 233N3209-24-04, Revision 1, dated August 14, 2003,
as applicable.
Credit for Accomplishment of Previous Service Bulletin
(h) Modification of the control module assembly, P/N 233N3209-
1025, -1300, or -1302, done before the effective date of this AD in
accordance with Boeing Component Service Bulletin 233N3209-24-04,
dated April 10, 2003, is acceptable for compliance with the
requirements of paragraph (g) of this AD.
Alternative Methods of Compliance (AMOCs)
(i)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Material Incorporated by Reference
(j) You must use the service information listed Table 1 of this
AD to perform the actions that are required by this AD, unless the
AD specifies otherwise. The Director of the Federal Register
approved the incorporation by reference of these documents in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207,
for a copy of this service information. You may review copies at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.
[[Page 44744]]
Table 1.--Material Incorporated by Reference
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Service information Revision level Date
----------------------------------------------------------------------------------------------------------------
Boeing Component Service Bulletin 1.................................. August 14, 2003.
233N3209-24-04.
Boeing Service Bulletin 757-24-0093.... Original........................... August 14, 2003.
Boeing Service Bulletin 757-24-0094.... Original........................... April 17, 2003.
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Issued in Renton, Washington, on July 30, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-15410 Filed 8-8-07; 8:45 am]
BILLING CODE 4910-13-P