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[Federal Register: January 12, 2009 (Volume 74, Number 7)]
[Proposed Rules]
[Page 1159-1164]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja09-13]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-12-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-300, -400, -500, -600,
-700, -700C, -800, and -900, and 747-400 Series Airplanes; and Model
757, 767, and 777 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
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SUMMARY: This document revises an earlier supplemental notice of
proposed
[[Page 1160]]
rulemaking (NPRM), applicable to certain Boeing Model 737-300, -400, -
500, -600, -700, -700C, -800, and -900, and 747-400 series airplanes;
and Model 757, 767, and 777 airplanes. The first supplemental NPRM
would have required modifying the static inverter by replacing resistor
R170 with a new resistor and relocating the new resistor. This new
action revises the first supplemental NPRM by adding certain airplanes
to the applicability, changing certain airplane groups, and adding
certain part numbers. The actions specified by this second supplemental
NPRM are intended to prevent a standby static inverter from
overheating, which could result in smoke in the flight deck and cabin
and loss of the electrical standby power system. This action is
intended to address the identified unsafe condition.
DATES: Comments must be received by February 6, 2009.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-12-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-12-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle,
Washington 98124-2207. This information may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington.
FOR FURTHER INFORMATION CONTACT: Binh V. Tran, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 917-6485; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
For each issue, state what specific change to the proposed
AD is being requested.
Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-12-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2002-NM-12-AD, 1601 Lind Avenue, SW., Renton, Washington
98057-3356.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to add an airworthiness directive (AD), applicable to
certain Boeing Model 737-300, -400, -500, -600, -700, -700C, -800, and
-900, and 747-400 series airplanes; and Model 757, 767, and 777
airplanes, was published as a supplemental notice of proposed
rulemaking (NPRM) in the Federal Register on May 26, 2006 (71 FR
30331). The first supplemental NPRM would have required modifying the
static inverter by replacing resistor R170 with a new resistor and
relocating the new resistor. The first supplemental NPRM was prompted
by further evaluation of the carbon resistor, which revealed a failure
mode that can cause the resistor to ignite, involving adjacent
capacitors as well. Those conditions, if not corrected, could result in
smoke in the flight deck and cabin and loss of the electrical standby
power system.
Actions Since Issuance of First Supplemental NPRM
Since issuance of the first supplemental NPRM, Boeing has revised
the service bulletins listed in the following table:
Revised Service Bulletins
------------------------------------------------------------------------
Action Service bulletin Model
------------------------------------------------------------------------
Modification........ Boeing Alert Service 737-300, -400, -500
Bulletin 737-24A1166, series airplanes.
Revision 2, dated
January 29, 2007.
Modification........ Boeing Alert Service 737-300, -400, -500
Bulletin 737-24A1166, series airplanes.
Revision 3, dated July
25, 2007.
Modification........ Boeing Service Bulletin 747-400, -400D, -400F
747-24-2254, Revision series airplanes.
1, dated March 5, 2007.
Modification........ Boeing Service Bulletin 777-200, -300, -300ER
777-24-0095, Revision series airplanes.
1, dated January 3,
2007.
------------------------------------------------------------------------
The changes in these revisions are minor and no additional work is
necessary for certain airplanes modified by the previous issues.
However, more work is necessary on airplanes with certain static
inverters installed. In addition, the revisions all add airplanes to
those specified in the effectivity or move airplanes to different
groups. Alert
[[Page 1161]]
Service Bulletin 737-24A1166, Revision 2, also adds two missing
supplier part numbers, which are related to the existing Boeing part
numbers, for the static inverters. Airplanes that were modified by
installing the correct static inverter having the correct part number,
as specified in Service Bulletin 737-24A1166, Revision 1, dated October
20, 2005, or 747-24-2254, dated July 21, 2005, are not affected by the
modification in the revised service information. Airplanes that were
modified as specified in Service Bulletin 777-24-0095, dated June 30,
2005, are not affected by the modification specified in Revision 1 of
that bulletin. We have changed the second supplemental NPRM to refer to
this revised service information as the appropriate source of service
information for accomplishing the specified modification.
The revised service bulletins refer to Avionic Instruments Inc.
Service Bulletin 1-002-0102-1000-24-28, Revision B, dated July 24,
2006, as an additional source of service information for modifying the
static inverter.
Comments on First Supplemental NPRM
Due consideration has been given to the comments received in
response to the first supplemental NPRM.
Support for the First Supplemental NPRM
The National Transportation Safety Board, Northwest Airlines, and
Alaska Airlines support the intent of the first supplemental NPRM.
Request To Approve Revised Avionic Instruments Inc. (AII) Service
Bulletin
United Airlines (UA) asks that we approve the latest AII Service
Bulletin 1-002-0102-1000-24-28; Revision A, dated June 22, 2005, was
referenced in the first supplemental NPRM as an additional source of
service information for doing the modification. UA adds that certain
references to service information related to this AD on the Boeing Web
site do not have cross references to the AII service bulletin. UA
suggests that, to avoid confusion, Revision A remain as an additional
source of service information for the rework.
We agree to leave Revision A of the referenced service bulletin in
the note in the second supplemental NPRM. We have reviewed AII Service
Bulletin 1-002-0102-1000-24-28, Revision B, dated July 24, 2006
(hereafter referred to as the AII service bulletin). We find that both
Revision A and Revision B of the AII service bulletin are still
acceptable as additional sources of service information for modifying
the static inverter. We have changed Note 1 of the second supplemental
NPRM to include Revision B of the service bulletin; Revision A remains
in Note 1.
Request for Work Instructions To Apply To Both Airplane Groups
UA suggests that the group separation specified in the Work
Instructions in Boeing Service Bulletin 757-24-0110, dated April 28,
2005, be disregarded, and the Group 1 Work Instructions apply to all
airplanes. That service bulletin was referred to in the first
supplemental NPRM as the appropriate source of service information for
accomplishing the modification for Model 757-200, -200CB, -200PF
airplanes. UA states that the Work Instructions are divided into Group
1 and Group 2, based on the inverter part number as delivered
configuration. UA adds that the current Boeing Illustrated Parts
Catalog shows inverter part numbers are applicable to the entire 757
fleet, which conflicts with the purpose of the service bulletin in
separating the Work Instructions into two airplane groups.
We acknowledge UA's request; however, Boeing has informed us that
Service Bulletin 757-24-0110 will not be revised to incorporate the
requested changes. Under the provisions of paragraph (b) of the second
supplemental NPRM, however, we could consider requests for combining
the Work Instructions if data are submitted to substantiate that using
the Group 1 Work Instructions for all airplanes would provide an
acceptable level of safety. We have made no change to the second
supplemental NPRM in this regard.
Request To Include Certain Part Numbers
UA states that the FAA response to the comment ``Request for
Clarification of Part Number'' specified in the first supplemental NPRM
indicates that supplier part number 1-001-0102-0265 is not an inverter
part number; UA disagrees with the response. UA adds that Boeing
Illustrated Parts Catalog, for Model 737-300/400/500 and Model 747-400,
indicates that Specification Number S282T004-5 corresponds to both part
numbers 1-001-0102-0265 and 1-002-0102-0265. UA asks that, in order to
avoid confusion, the second supplemental NPRM clarify the existence and
applicability of both part numbers.
We agree with the request. Revision B of AII Service Bulletin 1-
002-0102-1000-24-28, dated July 24, 2006, includes the subject part
numbers, and we have included Revision B in the second supplemental
NPRM as an additional source of service information for modifying the
static inverter.
Request To Include Future Revisions of Service Information
Boeing asks that we address imminent revisions of the service
bulletins identified in the first supplemental NPRM, as well as
possible future revisions to any of the identified bulletins. Boeing
states that revisions to the 747 and 777 service bulletins, which will
add several airplanes to the effectivity lists in the bulletins, are
imminent. Boeing notes that, as written, the applicability paragraph in
the first supplemental NPRM will not include the added airplanes.
Boeing suggests the applicability paragraph be changed to read ``* * *
the applicable service bulletin specified in Table 1 of this AD or
subsequent revision(s) to that bulletin.''
We understand the commenter's concern, and we have included the
revised service information specified under ``Actions Since Issuance of
First Supplemental NPRM,'' which adds airplanes to the applicability
section of this AD. However, we cannot use the phrase, ``or later FAA-
approved revisions'' in an AD 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 either to publish 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 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 documents (issued after publication of the
AD), Boeing or operators must request approval to use later revisions
as an alternative method of compliance with the AD under the provisions
of paragraph (b) of the AD.
Request To Remove Model 747 and 777 Airplanes From the Applicability
Air Transport Association (ATA), on behalf of its member American
Airlines (AA), and Boeing, asks that we remove Model 747 and 777
airplanes from the applicability of the first supplemental NPRM. ATA
and AA state that we should delete Model 777 airplanes from the
applicability of the first supplemental NPRM because the inverters on
those airplanes have a different configuration and are not
[[Page 1162]]
susceptible to the subject unsafe condition. Boeing Safety Review Board
made a finding of ``Not Safety'' for the Model 747 and 777 airplanes.
Boeing adds that there have been no failures on these models, and the
inverters on these models are not running during normal operations.
We do not agree with the requests. Model 747 and 777 airplanes have
the same type of static inverters that were installed on the airplanes
specified in the first supplemental NPRM. Those static inverters could
overheat at anytime during operation due to a faulty resistor. As
stated in Boeing Service Bulletins 747-24-2254 and 777-24-0095, the
static inverter change will prevent the possible unwanted smoke and
fire from a faulty resistor in the static inverter. Therefore, Model
747 and 777 airplanes will remain in the applicability of the second
supplemental NPRM. We acknowledge that the static inverters are not
running during normal operations, but they could overheat during
emergency operations (standby conditions). However, we have determined
that due to the reduced risk on Model 747 and 777 airplanes, the
compliance time for those airplanes can be extended to 60 months. We
have revised paragraph (a) of this AD accordingly.
Requests To Extend Compliance Time
ATA, on behalf of its member American Airlines, asks that we extend
the proposed compliance time to 10 years for airplanes on which the AII
service bulletin has been incorporated. AA asks that, due to existing
maintenance intervals, the compliance time be extended to 60 months for
operators that accomplished the first supplemental NPRM. AA adds that
its justification stems from the heat being reduced in the area of the
capacitors C50 and C51, with the resistor R170 on the solder side of
the printed circuit board.
We do not agree with the request. As stated in ``Actions Since
Issuance of Previous Proposal,'' in the first supplemental NPRM, recent
in-service experience has shown that simply relocating the carbon
composition-style resistor, which was installed in production until
late 1999, did not prevent the overheat condition. Further evaluation
of the carbon resistor has shown a failure mode that can cause the
resistor to ignite. Incorporation of the AII service bulletin will not
mitigate the safety concern. In developing an appropriate compliance
time for this action, we considered the urgency associated with the
subject unsafe condition, the availability of required parts, and the
practical aspect of accomplishing the required modification within a
period of time that corresponds to the normal scheduled maintenance for
most affected operators. According to the manufacturer, an ample number
of required parts will be available to modify the U.S. fleet within the
proposed compliance time. Therefore, we find that 42 months is
sufficient time in which to do the modification. However, according to
the provisions of paragraph (b) of the second supplemental NPRM, we
could approve requests to adjust the compliance time if the request
includes data that prove that the new compliance time would provide an
acceptable level of safety.
Request for Component AD
AirTran Airways Inc. (AirTran) reiterates the comments under
``Request for a Component AD'' specified in the first supplemental NPRM
and states that this second supplemental NPRM should be a ``component
AD'' rather than an aircraft AD. AirTran states that once an aircraft
delivers from the factory with a component installed, that component is
likely to be replaced due to failure and subsequently installed on
another aircraft outside of the effectivity range. AirTran notes that
it is unrealistic to expect that a component that has qualified
interchangeables will still be installed on the aircraft on which it
was delivered. AirTran states that the AD should be written in a manner
that best ensures the safety of the flying public; this involves
considering how operators use the aircraft and not necessarily how the
manufacturer built the aircraft. AirTran adds that by making the AD
applicable to the part number unit, operators are more likely to
identify all affected units and remove them from their system,
including spares that are not addressed in the first supplemental NPRM,
than if the AD is effective to aircraft line or serial numbers.
We do not agree with the request. We have confirmed with Boeing
that the service bulletins cited in the applicability list all the
airplanes on which the parts addressed by this AD are eligible for
installation. We have also confirmed with Boeing that the Illustrated
Parts Catalogs have been properly updated. For these reasons, there is
no need to further define the applicability. We have made no change to
the second supplemental NPRM in this regard.
Request To Change Cost Impact Section
ATA, on behalf of its member American Airlines, asks that the cost
impact section be changed. ATA states that the proposed modification
could be accomplished by either a repair facility or the operator. ATA
adds that the FAA should amend the cost impact to include both of these
alternatives. Both commenters recommend adding 2 hours of labor and the
value of materials for the modification of the inverter to the cost
section.
We acknowledge the commenters' concerns. We recognize that, in
accomplishing the requirements of any AD, operators might incur
``incidental'' costs in addition to the ``direct'' costs that are
reflected in the cost analysis presented in the AD preamble. However,
the cost analysis in AD rulemaking actions typically does not include
incidental costs.
Further, because ADs require specific actions to address specific
unsafe conditions (i.e., using a repair facility) they appear to impose
costs that would not otherwise be borne by operators. However, because
of the general obligation of operators to maintain and operate their
airplanes in an airworthy condition, this appearance is deceptive.
Attributing those costs solely to the issuance of this AD is
unrealistic because, in the interest of maintaining and operating safe
airplanes, prudent operators would accomplish the required actions even
if they were not required to do so by the AD. In any case, we have
determined that direct and incidental costs are still outweighed by the
safety benefits of the AD. We have made no change to the second
supplemental NPRM in this regard.
Clarification of Alternative Methods 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
Since certain changes expand the scope of the first supplemental
NPRM, we have determined that it is necessary to reopen the comment
period to provide additional opportunity for public comment.
Cost Impact
There are approximately 3,856 airplanes of the affected design in
the worldwide fleet. The FAA estimates that 1,882 airplanes of U.S.
registry would be affected by the second supplemental NPRM. The
following table provides the estimated costs for U.S. operators to
comply with the second supplemental NPRM.
[[Page 1163]]
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work hours Average labor Parts Cost per airplane registered Fleet cost
rate per hour airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Modification.................... Up to 2 hours, $80 $0 Between $80 and 1,882 Up to $301,120.
depending on $160.
airplane
configuration.
--------------------------------------------------------------------------------------------------------------------------------------------------------
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed requirements of
this AD action, and that no operator would accomplish those actions in
the future if the second supplemental NPRM 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.
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 Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this 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) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new
airworthiness directive:
Boeing: Docket 2002-NM-12-AD.
Applicability: This AD applies to the following airplanes,
certificated in any category, as identified in the applicable Boeing
service bulletin specified in Table 1 of this AD:
Table 1--Applicability
------------------------------------------------------------------------
Airplane model Boeing service bulletin
------------------------------------------------------------------------
737-600, -700, -700C, -800, -900 series Special Attention Service
airplanes. Bulletin 737-24-1165, Revision
1, dated October 20, 2005.
737-300, -400, -500 series airplanes... Alert Service Bulletin 737-
24A1166, Revision 3, dated
July 25, 2007.
747-400, -400D, -400F series airplanes. Service Bulletin 747-24-2254,
Revision 1, dated March 5,
2007.
757-200, -200CB, -200PF series Special Attention Service
airplanes. Bulletin 757-24-0110, dated
April 28, 2005.
757-300 series airplanes............... Special Attention Service
Bulletin 757-24-0111, dated
April 28, 2005.
767-200, -300, -300F series airplanes.. Special Attention Service
Bulletin 767-24-0160, dated
June 30, 2005.
767-400ER series airplanes............. Special Attention Service
Bulletin 767-24-0161, dated
June 30, 2005.
777-200, -300, -300ER series airplanes. Service Bulletin 777-24-0095,
Revision 1, dated January 3,
2007.
------------------------------------------------------------------------
Compliance: Required as indicated, unless accomplished
previously.
To prevent a standby static inverter from overheating, which
could result in smoke in the flight deck and cabin and loss of the
electrical standby power system, accomplish the following:
Modification
(a) At the time specified in paragraph (a)(1) or (a)(2) of this
AD, as applicable: Modify the static inverter by removing resistor
R170 from the logic control card assembly and replacing it with a
new resistor, and relocating the new resistor to the solder side of
the printed circuit board in accordance with the Accomplishment
Instructions of the applicable service bulletin specified in Table 1
of this AD.
(1) For Model 737, 757, and 767 airplanes: Within 42 months
after the effective date of this AD.
(2) For Model 747 and 777 airplanes: Within 60 months after the
effective date of this AD.
Note 1:
The Boeing service bulletins specified in Table 1 of this AD
refer to Avionic Instruments Inc. Service Bulletins 1-002-0102-1000-
24-28, Revision A, dated June 22, 2005; and Revision B, dated July
24, 2006, as additional sources of service information for
accomplishing the
[[Page 1164]]
modification required by paragraph (a) of this AD.
Alternative Methods of Compliance
(b)(1) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Seattle Aircraft Certification
Office (ACO), FAA. Operators shall submit their requests through an
appropriate FAA Principal Maintenance Inspector, who may add
comments and then send it to the Manager, Seattle ACO.
(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 December 18, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service. 16
[FR Doc. E9-322 Filed 1-9-09; 8:45 am]
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