[Federal Register Volume 64, Number 43 (Friday, March 5, 1999)]
[Rules and Regulations]
[Pages 10557-10559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5040]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-12-AD; Amendment 39-11058; AD 99-05-10]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 757 series airplanes, that requires 
revising the maintenance program to require verification that a certain 
shipping container and shipping sleeve assembly were used in shipping 
the ram air turbine (RAT) deployment actuator. This amendment also 
requires inspection of the identification plate on the RAT deployment 
actuator to determine the actuator serial numbers or a records check to 
determine such information; and repair or replacement of certain RAT 
deployment actuators, if necessary. This amendment is prompted by 
reports of certain RAT actuators that failed to deploy upon command due 
to interference in the actuator locking mechanism caused by damage 
incurred during shipping of the actuators. Failure of the RAT to 
deploy, specifically during a dual engine failure, would result in loss 
of hydraulic power and would adversely affect the continued safe flight 
and landing of the airplane.

DATES: Effective April 9, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 9, 1999.

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: Sheila I. Mariano, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Transport Airplane 
Directorate, Seattle Aircraft Certification Office (ACO), 1601 Lind 
Avenue, SW., Renton, Washington 98055-4056 ; telephone (425) 227-2675; 
fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Boeing Model 757 series 
airplanes was published as a supplemental notice of proposed rulemaking 
(NPRM) in the Federal Register on October 27, 1997 (62 FR 55540). That 
action proposed to require revising the FAA-approved maintenance 
program to require verification that a certain shipping container and 
shipping sleeve assembly were used in shipping the ram air turbine 
(RAT) deployment actuator. That action also proposed to require an 
inspection of the identification plate on the RAT deployment actuator 
to determine the actuator serial numbers, and repair or replacement of 
certain RAT deployment actuators, if necessary.

Comment Received

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Reference Airplane Maintenance Manual

    One commenter requests that the FAA revise paragraph (a) of the 
proposed AD to allow operators to accomplish the proposed inspection in 
accordance with the Boeing 757 Airplane Maintenance Manual (AMM). The 
commenter states that Boeing has revised the AMM to include the 
procedures specified in Arkwin Industries Service Bulletins 1211233-29-
21-4 and 1211233-29-21-3 (which are referenced in the proposed AD as 
the appropriate sources of service information).
    The FAA does not concur. Because AMM's are not FAA-approved and the 
procedures specified in AMM's vary from operator to operator, there are 
no assurances that each operator's AMM contains the identical actions 
required by this AD. The subject inspection must be incorporated into 
an FAA-approved maintenance program to satisfy the requirements of this 
AD. Therefore, the FAA finds that no change to the final rule is 
necessary.

Request To Revise Certain Service Bulletin Revisions

    One commenter requests that the FAA require Arkwin Industries, Inc. 
(the manufacturer of the subject RAT deployment actuator assemblies), 
to revise Revisions 2 and 3 of Service Bulletin 1211233-29-21-3 to 
include a detailed step-by-step procedure on how to accomplish the 
proposed modification. (Service Bulletin 1211-233-29-21-3 is referenced 
in the proposed AD as the appropriate source of service information for 
accomplishment of the proposed modification.) The commenter states that 
Note 3 of the proposed AD states that ``* * * any FAA-approved facility 
may modify the unit, provided that it has the appropriate equipment to 
successfully modify and test the unit. * * *'' However, Revisions 2 and 
3 of the referenced service bulletin do not contain any instructions 
for modification of the RAT actuator, and

[[Page 10558]]

the component maintenance manual (CMM) has not been updated by Arkwin 
to the show the latest changes. This situation makes it impossible for 
the work associated with the referenced service bulletin to be 
accomplished by anyone other than Arkwin.
    The FAA acknowledges that Note 3 of the proposed AD does state that 
any FAA-approved facility may modify the unit. However, since issuance 
of the supplemental NPRM, the FAA has determined that, because 
disassembling the unit by using special equipment for the large spring 
preload and performing the complex acceptance tests required after 
reassembly are highly specialized tasks, operators may have difficulty 
performing these tasks such that actuators may be inoperative once 
assembled. These factors make the modification costly and unfeasible 
for anyone other than Arkwin to accomplish. Therefore, the FAA has 
removed the sentence in Note 3 of the final rule that allows any FAA-
approved facility to modify the unit.

Request To Accomplish Inspection Early To Schedule Replacement

    One commenter requests that the FAA revise the proposed AD to 
provide an option that allows operators to campaign their fleets, and 
schedule the replacement of any suspect actuator within the compliance 
time of the proposed AD. The commenter suggests that routine drop 
checks of the RAT be accomplished until the actuator is replaced. The 
commenter states that providing such an option in the AD would allow 
for better planning and scheduling of the required work and would 
increase the efficiency for the removal of the suspect actuators. The 
commenter also states that it is concerned about the turnaround time 
capabilities of Arkwin and the feasibility of accomplishing the 
proposed replacement.
    The FAA does not concur with the commenter's request. If an 
operator finds any discrepant actuator, it must be removed and replaced 
or repaired prior to further flight. The FAA finds that revising the 
compliance time from ``prior to further flight'' to 30 months would 
increase the exposure of affected airplanes to the identified unsafe 
condition. In developing an appropriate compliance time for this 
action, the FAA considered not only the degree of urgency associated 
with addressing the subject unsafe condition, but the availability of 
required parts and the practical aspect of accomplishing the required 
replacement/repair within an interval of time that parallels normal 
scheduled maintenance for the majority of affected operators. The 
manufacturer has advised that an ample number of required replacement 
parts will be available for the U.S. fleet within the proposed 
compliance period. In addition, the FAA finds that routine drop checks 
do not detect latent failures caused by the damaged lock rods, pins, 
etc. Therefore, the FAA finds that no change to the final rule is 
necessary.

Request To Allow a Records Check

    One commenter requests that the FAA revise paragraph (b) of the 
proposed AD to also allow operators to check their records to determine 
the actuator serial numbers. The commenter contends that it has a data 
information file on the part and serial numbers of the RAT deployment 
actuators for its fleet. The FAA concurs. The FAA finds that a records 
check is an acceptable alternative method of compliance for 
accomplishing the requirements of paragraph (b) of the final rule. 
Therefore, the FAA has revised paragraph (b) of the final rule 
accordingly.

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 with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 631 Boeing Model 757 series airplanes of 
the affected design in the worldwide fleet. The FAA estimates that 389 
airplanes of U.S. registry will be affected by this AD.
    The required revision to the FAA-approved maintenance program will 
take approximately 2 work hours per operator to accomplish, at an 
average labor rate of $60 per work hour. Based on these figures, the 
cost impact of this requirement on U.S. operators is estimated to be 
$120 per operator.
    The required inspection and replacement of the RAT deployment 
actuator will take approximately 4 work hours per airplane, at an 
average labor rate of $60 per work hour. Required replacement parts 
will cost approximately $4,832 per airplane. (If the unit is under 
warranty, the required parts will be provided by the actuator 
manufacturer at no cost to the operator. If the actuator is returned to 
the vendor for modification, the charge will be approximately $22.33 
per actuator.) Based on these figures, the cost impact of this 
requirement on U.S. operators is estimated to be between $240 and 
$5,072 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. However, the FAA has been advised 
that the proposed requirement to replace the RAT deployment actuator 
[paragraph (b)] has been accomplished previously on approximately 13 
airplanes of U.S. registry. Therefore, the future cost impact of this 
proposed AD on U.S. operators is reduced by approximately $65,936.

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 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:


[[Page 10559]]


    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:

99-05-10  Boeing: Amendment 39-11058. Docket 96-NM-12-AD.

    Applicability: Model 757 airplanes; equipped with ram air 
turbine (RAT) deployment actuators having Boeing part number (P/N) 
S271N102-4 (Arkwin P/N 1211233-004) or Boeing P/N S271N102-5 (Arkwin 
P/N 1211233-005), and having a serial number of 00001 and 
subsequent; 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 (d) 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 the failure of the actuators used to deploy the RAT, 
accomplish the following:
    (a) Within 120 days after the effective date of this AD, revise 
the FAA-approved maintenance program to require verification that 
the shipping container and shipping sleeve assembly, as specified in 
Arkwin Industries Service Bulletin 1211233-29-21-4, Revision 3, 
dated February 7, 1997, was used in shipping the actuator to a 
location where it is to be installed.

    Note 2: Once the maintenance program has been revised to include 
the procedures specified in this paragraph, operators are not 
required to subsequently record accomplishment each time that an 
actuator is shipped.

    (b) Within 30 months after the effective date of this AD, 
perform an inspection of the identification plate on the deployment 
actuator of the RAT to determine the actuator serial numbers in 
accordance with Arkwin Industries Service Bulletin 1211233-29-21-3, 
Revision 2, dated June 17, 1994, or Revision 3, dated February 7, 
1997; or perform a records check of the same area to determine the 
actuator serial numbers.
    (1) If the actuator bears Boeing P/N S271N102-4 (Arkwin P/N 
1211233-004) or Boeing P/N S271N102-5 (Arkwin P/N 1211233-005), and 
has a serial number of 00001 through 00631 inclusive (with no ``B'' 
suffix): Prior to further flight, remove the RAT deployment actuator 
and repair or replace it, in accordance with the Arkwin Industries 
service bulletins previously referenced in paragraph (b) of this AD 
or in accordance with a method approved by the Manager, Seattle 
Aircraft Certification Office (ACO), FAA, Transport Airplane 
Directorate.

    Note 3: Arkwin Industries Service Bulletin 1211233-29-21-3, 
Revision 2, dated June 17, 1994, or Revision 3, dated February 7, 
1997, recommends that the actuator unit be returned to Arkwin 
Industries for modification, since specialized equipment is needed 
to perform the rework of the unit.

    (2) Prior to further flight, remove the RAT deployment actuator 
and repair or replace it, in accordance with Arkwin Industries 
Service Bulletin 1211233-29-21-3, Revision 2, dated June 17, 1994, 
or Revision 3, dated February 7, 1997, if the actuator:
    (i) Has Boeing P/N S271N102-4 (Arkwin
P/N 1211233-004) or Boeing P/N S271N102-
5 (Arkwin P/N 1211233-005); and
    (ii) Has a serial number of 00001 through 00631 inclusive, with 
a suffix letter ``B;'' or has a serial number of 00632 or 
subsequent; and
    (iii) Has been removed previously from an airplane and shipped 
in the extended position and not in accordance with Arkwin 
Industries Service Bulletin 1211233-29-21-4, Revision 2, dated June 
17, 1994, or Revision 3, dated February 7, 1997.

    Note 4: Shipping records or tags may be reviewed to determine 
whether the actuator was shipped in accordance with Arkwin 
Industries Service Bulletin 1211233-29-21-4, Revision 2 or Revision 
3.

    Note 5: Arkwin Industries Service Bulletin 1211233-29-21-4, 
Revision 2 or Revision 3, provides procedures for proper 
identification of the necessary reusable shipping container and 
shipping sleeve assembly that are to be used when transporting or 
shipping the RAT deployment actuator assembly. Use of this container 
and sleeve will prevent damage to the assembly during shipping.

    (3) No further action is required by paragraph (b) of this AD, 
if the actuator:
    (i) Has Boeing P/N S271N102-4 (Arkwin 
P/N 1211233-004) or Boeing P/N S271N102-5 (Arkwin P/N 1211233-005); 
and
    (ii) Has a serial number of 00001 through 00631 inclusive, with 
a suffix letter ``B;'' or has a serial number of 00632 or 
subsequent; and
    (iii) Has not been removed previously from an airplane, or has 
been removed and shipped in the extended position, in accordance 
with Arkwin Industries Service Bulletin 1211233-29-21-4, Revision 2, 
dated June 17, 1994, or Revision 3, dated February 7, 1997.
    (c) As of 30 months after the effective date of this AD, no 
person shall install on any airplane a RAT deployment actuator 
assembly, having Boeing P/N S271N102-4 (Arkwin P/N 1211233-004) or 
Boeing P/N S271N102-5 (Arkwin P/N 1211233-005), and having serial 
number 00001 and subsequent; unless the conditions, as specified in 
both paragraphs (c)(1) and (c)(2) of this AD apply:
    (1) The actuator assembly has been modified (repaired and 
reidentified) in accordance with Arkwin Industries Service Bulletin 
1211233-29-21-3, Revision 2, dated June 17, 1994, or Revision 3, 
dated February 7, 1997; or the actuator is replaced with a new 
actuator from Arkwin Industries, Inc.; and
    (2) Prior to installation, the actuator was shipped (i.e., to 
the place where installation is accomplished) in accordance with 
Arkwin Industries Service Bulletin 1211233-29-21-4, Revision 2, 
dated June 17, 1994, or Revision 3, dated February 7, 1997.
    (d) 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 ACO. 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 6: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

    (e) 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.
    (f) Except as provided in paragraphs (a) and (b)(1) of this AD, 
the actions shall be done in accordance with Arkwin Industries 
Service Bulletin 1211233-29-21-3, Revision 2, dated June 17, 1994, 
or Arkwin Industries Service Bulletin 1211233-29-21-3, Revision 3, 
dated February 7, 1997. Revision 2 of Arkwin Industries Service 
Bulletin 1211233-29-21-3 contains the following list of effective 
pages:

------------------------------------------------------------------------
                                  Revision level
            Page No.              shown on page     Date shown on page
------------------------------------------------------------------------
1-3............................  2..............  June 17, 1994.
4, 5...........................  1..............  Dec. 20, 1993.
6..............................  Original.......  July 26, 1993.
------------------------------------------------------------------------

This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. 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.
    (g) This amendment becomes effective on April 9, 1999.

    Issued in Renton, Washington, on February 23, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-5040 Filed 3-4-99; 8:45 am]
BILLING CODE 4910-13-P