[Federal Register: June 11, 2009 (Volume 74, Number 111)]
[Rules and Regulations]
[Page 27704-27706]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn09-11]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-29067; Directorate Identifier 2007-NM-148-AD;
Amendment 39-15926; AD 2009-12-03]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 757-200, -200CB, and -300
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Boeing Model 757-200, -200CB, and -300 series airplanes. This AD
requires a detailed inspection for damage of the wire bundle of the
right recirculation fan, and repair if necessary. This AD also requires
re-routing the wire bundle of the right recirculation fan. This AD
results from a report indicating that, during landing of a Model 757
airplane, an overheat warning and smoke occurred in the main cabin, and
the right recirculation fan stopped operating. We are issuing this AD
to prevent damage of the wiring bundle of the right recirculation fan.
Such damage could result in a short circuit and possible fire in the
mix bay or smoke in the main cabin.
DATES: This AD is effective July 16, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of July 16,
2009.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; e-mail
[[Page 27705]]
me.boecom@boeing.com; Internet https://www.myboeingfleet.com.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone 800-647-5527) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Philip Sheridan, Systems and Equipment
Branch, ANM-130S, FAA, Seattle Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-6441;
fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain Boeing Model 757-200, -200CB, and -300 series airplanes. That
NPRM was published in the Federal Register on August 31, 2007 (72 FR
50290). That NPRM proposed to require a detailed inspection for damage
of the wire bundle of the right recirculation fan, and repair if
necessary. That NPRM also proposed to require re-routing the wire
bundle of the right recirculation fan.
Actions Since the NPRM Was Issued
The NPRM referred to Boeing Service Bulletin 757-21-0109, dated
December 15, 2006, as the appropriate source of service information for
the proposed actions. Boeing has since revised that service bulletin.
Boeing Service Bulletin 757-21-0109, Revision 1, dated October 30,
2008, clarifies certain procedures but otherwise adds no new actions.
We have revised paragraphs (c) and (f) in this final rule to refer to
Revision 1 of the service bulletin. We have added a new paragraph (g)
to this final rule to provide credit for actions done before the
effective date of the AD in accordance with the original service
bulletin. We have renumbered subsequent paragraphs accordingly.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the two commenters.
Support for the NPRM
Boeing concurs with the contents of the NPRM.
Request To Clarify Procedures
Continental Airlines asks for clarification or instructions
regarding the filler material between the e-clip, part number 411A4902-
7, and the wire and the clip in the depiction in Boeing Service
Bulletin 757-21-0109, dated December 15, 2006.
We agree that further clarification is needed on this point. Boeing
Service Bulletin 757-21-0109, Revision 1, dated October 30, 2008,
provides a filler rod part number and corrects the reference in note
(b) for Figure 3 and Figure 4 of that service bulletin. As stated
previously, we have changed the final rule to refer to Revision 1 of
the service bulletin as the appropriate source of service information
for this final rule.
Request To Include Instructions for Modified Airplanes
Continental Airlines requests that we revise the NPRM to provide
instructions for airplanes that are not in the pre-modification state
depicted by Boeing Service Bulletin 757-21-0109, dated December 15,
2006.
We find that clarification is necessary. Boeing Service Bulletin
757-21-0109, Revision 1, dated October 30, 2008, is now referenced in
the final rule. It addresses six new wire configurations which take
into account the known preexisting configurations. We have not changed
the final rule regarding this issue.
Request To Revise NPRM To Require Different Method of Compliance
Continental Airlines suggests using a heat shrinkable sleeve in
place of the ``heat shrinkable'' sleeve TFE-2X, which the commenter
states is in fact not heat shrinkable. The commenter states that in its
experience tying the lacing tape around the sleeve is extremely
difficult, and it does not believe that the sleeve will stay on much
more than a year at best.
We infer that the commenter is requesting a different method of
compliance. We disagree. Boeing Service Bulletin 757-21-0109, Revision
1, dated October 30, 2008, specifies to use a sleeve with part number
65C38488-2. We have not changed the final rule regarding this issue.
However, under the provisions of paragraph (h) of this AD, we may
approve a request for different compliance methods if the request
includes data that prove that the new method provides an acceptable
level of safety.
Explanation of Change to Final Rule
We have clarified paragraph (h) of this AD to more accurately
identify the information for requesting approval of an alternative
method of compliance (AMOC).
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.
Costs of Compliance
There are about 920 airplanes of the affected design in the
worldwide fleet. This AD affects about 560 airplanes of U.S. registry.
The actions take about 2 work hours per airplane, at an average labor
rate of $80 per work hour. Required parts cost about $81 per airplane.
Based on these figures, the estimated cost of the AD for U.S. operators
is $134,960, or $241 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
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 responsibilities among the various
levels of government.
[[Page 27706]]
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.
You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.
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 FAA amends Sec. 39.13 by adding the following new AD:
2009-12-03 Boeing: Amendment 39-15926. Docket No. FAA-2007-29067;
Directorate Identifier 2007-NM-148-AD.
Effective Date
(a) This airworthiness directive (AD) is effective July 16,
2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 757-200, -200CB, and -300
series airplanes; certificated in any category; as identified in
Boeing Service Bulletin 757-21-0109, Revision 1, dated October 30,
2008.
Unsafe Condition
(d) This AD results from a report indicating that, during
landing of a Model 757 airplane, an overheat warning and smoke
occurred in the main cabin, and the right recirculation fan stopped
operating. We are issuing this AD to prevent damage of the wiring
bundle of the right recirculation fan. Such damage could result in a
short circuit and possible fire in the mix bay or smoke in the main
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.
Inspection and Corrective Actions
(f) Within 24 months after the effective date of this AD, do the
actions required by paragraphs (f)(1) and (f)(2) of this AD, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 757-21-0109, Revision 1, dated October 30, 2008.
(1) Do a detailed inspection for damage of the wire bundle of
the right recirculation fan, and repair any damage before further
flight.
(2) Re-route the wire bundle and re-orient the electrical
connector of the right recirculation fan.
Credit for Actions Done According to Previous Issue of Service Bulletin
(g) Actions done before the effective date of this AD in
accordance with Boeing Service Bulletin 757-21-0109, dated December
15, 2006, are acceptable for compliance with the requirements of
paragraphs (f)(1) and (f)(2) of this AD.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to Attn:
Philip Sheridan, Systems and Equipment Branch, ANM-130S, FAA,
Seattle Aircraft Certification Office, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; telephone (425) 917-6441; fax (425)
917-6590. Or, e-mail information to 9-ANM-Seattle-ACO-AMOC-
Requests@faa.gov.
(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 principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
Material Incorporated by Reference
(i) You must use Boeing Service Bulletin 757-21-0109, Revision
1, dated October 30, 2008, to do the actions required by this AD,
unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation of this service information under 5 U.S.C. 552 (a) and
1 CFR part 51.
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax 206-766-5680; e-mail
me.boecom@boeing.com; Internet https://www.myboeingfleet.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221 or 425-227-1152.
(4) You may also review copies of the service information that
is incorporated by reference 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.
Issued in Renton, Washington, on June 1, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-13137 Filed 6-10-09; 8:45 am]
BILLING CODE 4910-13-P