[Federal Register Volume 63, Number 214 (Thursday, November 5, 1998)]
[Rules and Regulations]
[Pages 59697-59699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29589]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-39-AD; Amendment 39-10869; AD 98-23-05]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Boeing Model 767 series airplanes, that 
currently requires an inspection to detect damage of the wire bundles 
in the left side of the flight compartment in the vicinity of the 
stowage box for the captain's oxygen mask, and repair, if necessary; a 
continuity check on repaired wires; installation of sleeving over the 
wire bundles; and rerouting of the wire bundles. This amendment 
requires modifications of the captain's and first officer's consoles in 
the flight compartment to ensure adequate clearance between oxygen 
equipment and adjacent wire bundles. This amendment is prompted by 
reports indicating that chafed wiring and wire insulation wear occurred 
in the vicinity of the stowage box for the captain's oxygen mask due to 
interference between oxygen line fittings and adjacent wire bundles. 
The actions specified by this AD are intended to prevent such chafing 
and inadequate clearance, which could result in electrical arcing and 
consequent oxygen leakage in the vicinity of the stowage box; these 
conditions, if not corrected, could result in a fire in the flight 
compartment.

DATES: Effective December 10, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 10, 1998.
    The incorporation by reference of Boeing Alert Service Bulletin 
767-35A0028, dated September 7, 1995, as listed in the regulations, was 
approved previously by the Director of the Federal Register as of 
October 26, 1995 (60 FR 52844, October 11, 1995).

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Susan Letcher, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington; 
telephone (425) 227-2670; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 95-21-05, 
amendment 39-9390 (60 FR 52844, October 11, 1995), which is applicable 
to certain Boeing Model 767 series

[[Page 59698]]

airplanes, was published in the Federal Register on July 2, 1997 (62 FR 
35711). The action proposed to require an inspectison to detect damage 
of the wire bundles in the left side of the flight compartment in the 
vicinity of the stowage box for the captain's oxygen mask, and repair, 
if necessary; a continuity check on repaired wires; installation of 
sleeving over the wire bundles; and rerouting of the wire bundles. The 
action also proposed to require modifications of the captain's and 
first officer's consoles in the flight compartment to ensure adequate 
clearance between oxygen equipment and adjacent wire bundles.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    Four commenters support the proposed rule.

Request To Extend the Compliance Time

    One commenter requests that the compliance time for the wiring 
modification be extended to 24 months instead of the 18 months 
specified by the proposed AD. The commenter states that it intends to 
accomplish the wiring modifications during heavy maintenance visits. 
However, the commenter advises that modification of the flight 
compartment requires the electrical power to be turned off and creates 
congestion in the cockpit area, which causes disruption to the work 
flow during the maintenance check. For these reasons, the commenter 
suggests extending the compliance time to allow modification during 
``C-4'' heavy maintenance checks that have extended downtimes.
    Another commenter advises that, although it has commenced the 
modification program required in the proposed AD, it anticipates 
completion in approximately 20 months. In addition, this commenter 
advises that the completion date for the modification will depend on 
whether the modification kits can be provided readily by the 
manufacturer. The FAA infers that the commenter requests an extension 
to the compliance time to provide additional time for delivery of 
parts.
    The FAA does not concur with the commenters' requests to extend the 
compliance time. No justification of a possible delay in the 
availability of the required parts was offered, and the manufacturer 
has not advised the FAA of an impending delay in the delivery of 
adequate parts. Additionally, chafed wiring and wire insulation wear in 
the vicinity of the stowage box for the captain's oxygen mask due to 
interference between oxygen line fittings and adjacent wire bundles is 
a significant safety issue. The FAA considered not only those safety 
issues in developing an appropriate compliance time for this action, 
but the recommendations of the manufacturer, and the practical aspect 
of accomplishing the required modification within an interval of time 
that parallels normal scheduled maintenance for the majority of 
affected operators. In light of these factors, the FAA has determined 
that 18 months is an appropriate compliance time for the accomplishment 
of the required modification. No change is required to the final rule.

Comment Regarding Cost Estimates

    One commenter advises that the FAA's cost estimate for labor and 
parts in the proposed AD is too low and has estimated the cost to be 
$2,010 per airplane. The FAA does not concur. The FAA based its cost 
estimate on the parts and labor estimates specified in Boeing Alert 
Service Bulletin 767-35A0029, dated January 30, 1997. Those estimates 
for the modification were $479 for parts, and 11 work hours at the 
labor rate of $60 per hour, for a total of $1,139 per airplane for 
parts and labor. In addition, the commenter did not provide sufficient 
data to validate the higher cost estimate of $2,010 per airplane. 
Therefore, the FAA has determined that the cost estimate specified in 
the final rule is reasonable, and no change to the final rule is 
required.

Concerns About Current Standards for Wire Bundle Routing

    The National Transportation Safety Board (NTSB) states that it 
supports the proposal. However, the NTSB is concerned that current 
design and manufacturing for wire bundle routing may not provide 
necessary protection for other makes and models of airplanes to ensure 
that electrical wiring will not chafe against adjacent components. The 
NTSB indicates that it may institute further studies and may consider 
additional safety recommendations on this subject.
    The FAA acknowledges the NTSB's comments. However, in the case of 
this particular identified unsafe condition, the FAA considers that the 
actions required by this AD are adequate to ensure the continued safety 
of the affected fleet. No change to this final rule is necessary.

Actions Since Issuance of Proposed Rule

    Since the issuance of the proposed rule, the FAA has reviewed and 
approved Boeing Alert Service Bulletin 767-35A0029, Revision 1, dated 
June 25, 1998, which includes the same procedures specified in the 
original issue of the service bulletin for the modification of 
Captain's console and revises the procedure to modify the new First 
Officer's console. The revised procedure specifies replacing the 
existing electrical connector on the dimmer module with an electrical 
connector with a 90-degree backshell.
    This alert service bulletin revision has been added to the final 
rule as an additional source of service information to accomplish the 
modification.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

Cost Impact

    There are approximately 568 Model 767 series airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 185 
airplanes of U.S. registry will be affected by this AD.
    The actions that are currently required by AD 95-21-05 take 
approximately 3 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts cost approximately $50 
per airplane. Based on these figures, the cost impact of the currently 
required actions on U.S. operators is estimated to be $42,550, or $230 
per airplane.
    The new actions that are required by this new AD will take 
approximately 11 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts will cost approximately 
$479 per airplane. Based on these figures, the cost impact of the new 
requirements of this AD on U.S. operators is estimated to be $210,715, 
or $1,139 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various

[[Page 59699]]

levels of government. Therefore, in accordance with Executive Order 
12612, it is determined that this final rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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 removing amendment 39-9390 (60 FR 
52844, October 11, 1995), and by adding a new airworthiness directive 
(AD), amendment 39-10869, to read as follows:

98-23-05  Boeing: Amendment 39-10869. Docket 97-NM-39-AD. Supersedes 
AD 95-21-05, Amendment 39-9390.

    Applicability: Model 767 series airplanes, as listed in Boeing 
Alert Service Bulletin 767-35A0029, dated January 30, 1997; 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent wire chafing and subsequent electrical arcing in the 
vicinity of the stowage box for the captain's oxygen mask, which 
could result in a fire in the flight compartment, accomplish the 
following:

Restatement of Requirements of AD 95-21-05

    (a) For Model 767 series airplanes having line positions 2 
through 589 inclusive except VA801 through VA810 inclusive, VN684 
through VN691 inclusive, and VW701: Within 45 days after October 26, 
1995 (the effective date of AD 95-21-05, amendment 39-9390), inspect 
to detect damage of the wire bundles in the left side of the flight 
compartment in the vicinity of the stowage box for the captain's 
oxygen mask, in accordance with Boeing Alert Service Bulletin 767-
35A0028, dated September 7, 1995.
    (1) If no damage is detected, prior to further flight, install 
protective sleeving on the wiring, and reroute the wire bundles, in 
accordance with the alert service bulletin.
    (2) If any damage is detected, prior to further flight, 
accomplish the requirements of paragraphs (a)(2)(i) and (a)(2)(ii) 
of this AD.
    (i) Repair the wiring and perform a continuity check on each 
repaired wire, in accordance with the alert service bulletin. And
    (ii) Install protective sleeving on the wiring and reroute the 
wire bundles, in accordance with the alert service bulletin.

New Requirements of This AD

    (b) For all airplanes: Within 18 months after the effective date 
of this AD, modify the airplane wiring in the vicinity of the 
captain's and first officer's consoles, in accordance with Boeing 
Alert Service Bulletin 767-35A0029, dated January 30, 1997, or 
Revision 1, dated June 25, 1998. Accomplishment of this modification 
constitutes terminating action for the inspection requirements of 
this AD.
    (c) 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, Transport Airplane Directorate. 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.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (e) The actions shall be done in accordance with Boeing Alert 
Service Bulletin 767-35A0028, dated September 7, 1995; or Boeing 
Alert Service Bulletin 767-35A0029, dated January 30, 1997; or 
Boeing Alert Service Bulletin 767-35A0029, Revision 1, dated June 
25, 1998.
    (1) The incorporation by reference of Boeing Alert Service 
Bulletin 767-35A0028, dated September 7, 1995, was approved 
previously by the Director of the Federal Register, as of October 
26, 1995 (60 FR 52844, October 11, 1995).
    (2) The incorporation by reference of Boeing Alert Service 
Bulletin 767-35A0029, dated January 30, 1997, and Boeing Alert 
Service Bulletin 767-35A0029, Revision 1, dated June 25, 1998, is 
approved by the Director of the Federal Register, in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51.
    (3) Copies may be obtained from Boeing Commercial Airplane 
Group, P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (f) This amendment becomes effective on December 10, 1998.

    Issued in Renton, Washington, on October 29, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-29589 Filed 11-4-98; 8:45 am]
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