[Federal Register: August 23, 2007 (Volume 72, Number 163)]
[Proposed Rules]
[Page 48246-48248]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au07-18]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26110; Directorate Identifier 2006-NM-112-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 747-400, 747-400D, and
747-400F Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: The FAA is revising an earlier proposed airworthiness
directive (AD) for certain Boeing Model 747-400, 747-400D, and 747-400F
series airplanes. The original NPRM would have required replacement of
an electronic flight instrument system/engine indicating and crew
alerting system (EFIS/EICAS) interface unit (EIU) located on the E2-6
shelf of the main equipment center with a new or modified EIU. The
original NPRM resulted from two instances where all six integrated
display units (IDUs) on the flight deck panels went blank in flight.
This action revises the original NPRM by reducing the compliance time
for replacing the EIU. We are proposing this supplemental NPRM to
prevent loss of the IDUs due to failure of all three EIUs, which could
result in the inability of the flightcrew to maintain safe flight and
landing of the airplane.
DATES: We must receive comments on this supplemental NPRM by September
17, 2007.
ADDRESSES: Use one of the following addresses to submit comments on
this supplemental NPRM.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room W12-140 on the ground floor of the
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
[[Page 48247]]
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for service information identified in this
proposed AD.
FOR FURTHER INFORMATION CONTACT: Jay Yi, Aerospace Engineer, Systems
and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6494; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this supplemental NPRM. Send your comments to an
address listed in the ADDRESSES section. Include the docket number
``Docket No. FAA-2006-26110; Directorate Identifier 2006-NM-112-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
supplemental NPRM. We will consider all comments received by the
closing date and may amend this supplemental NPRM in light of those
comments.
We will post all comments submitted, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this supplemental NPRM. Using the search function
of that 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 may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.
Examining the Docket
You may examine the 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 level of the West Building at the DOT street address stated in
the ADDRESSES section. Comments will be available in the AD docket
shortly after the Docket Management System receives them.
Discussion
We proposed to amend 14 CFR part 39 with a notice of proposed
rulemaking (NPRM) for an AD (the ``original NPRM'') for certain Boeing
Model 747-400, 747-400D, and 747-400F series airplanes. The original
NPRM was published in the Federal Register on October 26, 2006 (71 FR
62568). The original NPRM proposed to require replacement of an
electronic flight instrument system/engine indicating and crew alerting
system (EFIS/EICAS) interface unit (EIU) located on the E2-6 shelf of
the main equipment center with a new or modified EIU.
Comments
We have considered the following comments on the original NPRM.
Support for the Original NPRM
Boeing and the National Transportation Safety Board (NTSB) support
the original NPRM.
Request To Reduce Compliance Time
The NTSB requests that we revise the original NPRM to reduce the
compliance time from 60 months to 24 months. The NTSB asserts that
replacing the EIUs does not require an airplane to be out of service
for a long period of time, and that the replacement is more limited by
the availability of modified units. The NTSB suggests that a 24-month
compliance time would allow operators enough time to replace the units
as soon as they become available without eliminating an operator's
operational flexibility.
We agree to reduce the compliance time to 24 months for replacing
an EIU with a modified EIU. At the time we issued the original NPRM,
there was an insufficient number of modification kits available to
require a compliance time of less than 60 months. However, since
issuance of the NPRM the manufacturer has confirmed that enough kits
will be available to replace at least one EIU on the affected airplanes
within the shorter compliance time. In light of this new information,
we have determined that a 24-month compliance time will ensure an
acceptable level of safety and allow the replacement to be done during
scheduled maintenance intervals for most affected operators. We have
revised paragraph (f) of this supplemental NPRM accordingly.
Request To Require Replacement of All Three EIUs
The NTSB requests that we revise the original NPRM to require
replacement of all three EIUs. As justification, the NTSB states that
if only one EIU is replaced and that modified unit suffers an unrelated
fault removing it from operation, the airplane would still be exposed
to the potential for the integrated display units (IDUs) to go blank
without the EIU auto restart capability. The NTSB further states that
it would like to ensure that the minimum equipment list (MEL) and
dispatch requirements are reviewed to minimize this potential.
Although we understand the NTSB's concern, we do not agree to
revise this supplemental NPRM. We have considered the probability of
the modified EIU failing and have concluded that such a failure is
remote enough that an acceptable level of safety is maintained by
replacement of only one EIU. Further, according to sections
121.628(b)(2) and 91.213(b)(2) of the Federal Aviation Regulations (14
CFR 121.628(b)(2) and 91.213(b)(2)), instruments and equipment required
by an AD to be in operable condition may not be included in the MEL
unless the AD provides otherwise. This means that an operator cannot
dispatch an airplane if the modified unit fails. To dispatch the
airplane, the operator must replace the failed unit with an operable
unit equipped with the auto restart circuitry. Further, since we have
reduced the compliance time, the parts manufacturer will only be able
to produce enough modification kits in time to allow all operators to
replace one EIU. For fleet management reasons, operators are likely to
eventually replace all three EIUs with modified parts, as parts become
available. The unsafe condition has been further mitigated by the
issuance of the Boeing 747-400 Flight Crew Operations Manual Bulletin
TB1-20, ``Flight Deck Display Unit Blanking Anomaly,'' dated February
25, 2003, to the Boeing 747 Flight Crew Operations Manual. That
document advises flightcrews of the problem and provides instructions
for restarting the EIUs should there be a display blanking problem
during operation. We have not revised this supplemental NPRM in this
regard.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
The change discussed above expands the scope of the original NPRM;
therefore, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for public comment on
this supplemental NPRM.
Costs of Compliance
There are about 639 airplanes of the affected design in the
worldwide fleet. This supplemental NPRM would affect about 79 airplanes
of U.S. registry. The proposed actions would take about 1 work hour per
airplane, at an average labor rate of $80 per work hour.
[[Page 48248]]
Required parts would cost about $2,840 per airplane (for one EIU).
Based on these figures, the estimated cost of this supplemental NPRM
for U.S. operators is $230,680, or $2,920 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this supplemental NPRM 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, 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Boeing: Docket No. FAA-2006-26110; Directorate Identifier 2006-NM-
112-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by September
17, 2007.
Affected ADs
(b) Accomplishing paragraph (f) of this AD for all three
electronic flight instrument system/engine indicating and crew
alerting system (EFIS/EICAS) interface units (EIUs) terminates
certain requirements of AD 2004-10-05, amendment 39-13635.
Applicability
(c) This AD applies to Boeing Model 747-400, 747-400D, and 747-
400F series airplanes, certificated in any category; as identified
in Boeing Service Bulletin 747-31-2368, Revision 1, dated July 24,
2006.
Unsafe Condition
(d) This AD results from two instances where all six integrated
display units (IDUs) on the flight deck panels went blank in flight.
We are issuing this AD to prevent loss of the IDUs due to failure of
all three EIUs, which could result in the inability of the
flightcrew to maintain safe flight and landing of the airplane.
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.
Replacement
(f) Within 24 months after the effective date of this AD,
replace at least one of the three EIUs, part number (P/N) 622-8589-
104, located on the E2-6 shelf of the main equipment center with a
new or modified EIU, P/N 622-8589-105, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 747-31-2368,
Revision 1, dated July 24, 2006.
Note 1: Boeing Service Bulletin 747-31-2368, Revision 1, dated
July 24, 2006, refers to Rockwell Collins Service Bulletin EIU-7000-
31-502, dated March 21, 2006, as an additional source of service
information for modifying an EIU by adding auto restart circuitry,
which converts EIU P/N 622-8589-104 to P/N 622-8589-105.
Credit for Actions Done According to Previous Service Bulletin
(g) Actions done before the effective date of this AD in
accordance with Boeing Service Bulletin 747-31-2368, dated November
22, 2005 (Revision 1 of the service bulletin specifies that the
original issue is dated December 1, 2005), are acceptable for
compliance with the corresponding requirements of paragraph (f) of
this AD.
Credit for AD 2004-10-05
(h) Replacing all three EIUs with new or modified EIUs in
accordance with paragraph (f) of this AD is acceptable for
compliance with only the EIU replacement of paragraph (d)(1) of AD
2004-10-05. All other actions required by paragraph (d)(1) of AD
2004-10-05 must be complied with.
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.
Issued in Renton, Washington, on August 16, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-16659 Filed 8-22-07; 8:45 am]
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