[Federal Register Volume 69, Number 133 (Tuesday, July 13, 2004)]
[Rules and Regulations]
[Pages 41926-41928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15512]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-82-AD; Amendment 39-13722; AD 2004-14-13]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747-100, 747-200B, 747-
200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, and 747 SR 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 747-

[[Page 41927]]

100, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-
400F, and 747 SR series airplanes, that requires inspection of fire 
extinguisher bottles in the engine and the auxiliary power unit (APU) 
to determine the part number; and replacement of the fire extinguisher 
bottles with new fire extinguisher bottles, if necessary. This action 
is necessary to prevent fractured discharge heads, which could cause 
the fire extinguishing agent to leak, which could result in an 
uncontrolled engine fire that could spread to the strut and wing, or an 
uncontrolled APU fire that could spread to the airplane structure. This 
action is intended to address the identified unsafe condition.

DATES: Effective August 17, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 17, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207; or Kidde Aerospace, 4200 Airport Drive NW., 
Wilson, North Carolina 27896-8630; as applicable. 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 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.

FOR FURTHER INFORMATION CONTACT: Sulmo Mariano, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4086; telephone 
(425) 917-6501; fax (425) 917-6590.

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 747-100, 747-
200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, and 747 
SR series airplanes was published in the Federal Register on December 
8, 2003 (68 FR 68306). That action proposed to require inspection of 
fire extinguisher bottles in the engine and the auxiliary power unit 
(APU) to determine the part number; and replacement of the fire 
extinguisher bottles with new fire extinguisher bottles, if necessary.

Comments

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

Proposed AD Not Applicable to Fleet

    One commenter states that the proposed AD does not apply to its 
fleet.

Request To Relax Compliance Time for Replacements

    Two commenters requested that the FAA relax the requirement to 
replace any affected fire extinguisher bottles prior to further flight 
after inspecting to determine the bottles' part number. The commenters 
state that it is more efficient to inspect first and replace the 
components later. The commenters further state that many repair 
stations are qualified to do the inspections, while few of them have 
the required replacement fire extinguisher bottles on hand because 
these parts are not widely stocked. The commenters state that the 
replacements could be accomplished more quickly if any repair station 
could inspect the fire extinguisher bottles for the part number, rather 
than only those that have the required replacements. This would allow 
an operator to know ahead of time how many bottles to procure, and 
would preclude grounding airplanes and causing schedule disruptions 
while the required replacement is obtained. This commenter does not 
believe that safety would be compromised by removing the requirement to 
replace the fire extinguisher bottles before further flight.
    We do not agree with the request to relax the compliance time for 
replacements. In developing the proposed compliance time of two years 
for the inspections and any necessary replacements ``prior to further 
flight,'' we considered the safety implications, the average 
utilization of the affected fleet, the practical aspects of an orderly 
inspection of the fleet during regular maintenance periods, and the 
availability of required parts. Our intent in proposing two years for 
the inspections was to allow operators to do the inspections and any 
necessary replacements during a scheduled maintenance visit. This would 
allow operators to plan ahead to have sufficient replacements on hand 
or readily available without grounding the airplane or disrupting 
schedules should the fire extinguisher bottle need to be replaced. In 
addition, we do not allow airplanes with known deficient engine fire 
extinguisher bottles to operate; the master minimum equipment list 
(MMEL) does not allow airplanes to be dispatched with one engine fire 
extinguisher bottle that is inoperative. We have not revised the 
compliance time for the final rule.

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 346 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 47 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 1 work 
hour per airplane to accomplish the required actions, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be $3,055, or 
$65 per airplane.
    The cost impact figure discussed above is 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. 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.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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

[[Page 41928]]

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

0
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

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. Section 39.13 is amended by adding the following new airworthiness 
directive:


2004-14-13 Boeing: Amendment 39-13722. Docket 2003-NM-82-AD.
    Applicability: Model 747-100, 747-200B, 747-200C, 747-200F, 747-
300, 747-400, 747-400D, 747-400F, and 747 SR series airplanes, as 
listed in Boeing Alert Service Bulletin 747-26A2272, dated January 
16, 2003; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fractured discharge heads, which could cause the fire 
extinguishing agent to leak, which could result in an uncontrolled 
engine fire that could spread to the strut and wing, or an 
uncontrolled auxiliary power unit (APU) fire that could spread to 
the airplane structure, accomplish the following:

Inspection and Replacement

    (a) Within two years after the effective date of this AD: 
Perform an inspection to determine the part number (P/N) of the fire 
extinguisher bottles in the engine and the APU per the 
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
26A2272, dated January 16, 2003.

    Note 1: Boeing Alert Service Bulletin 747-26A2272 refers to 
Kidde Aerospace Service Bulletin A820400-26-432, dated October 19, 
2002; and Kidde Aerospace Service Bulletin A830800-26-433, dated 
October 19, 2002; as additional sources of service information for 
accomplishment of the inspection and replacement, if necessary, for 
Model 747-100, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-
400D, 747-400F, and 747SR series airplanes; as applicable.
    (1) If no ``Pre SB A820400-26-432'' P/N listed in Table 2 of 
Kidde Aerospace Service Bulletin A820400-26-432, dated October 19, 
2002, is found installed; and if no ``Pre SB A830800-26-433'' P/N 
listed in Table 2 of Kidde Aerospace Service Bulletin A830800-26-
433, dated October 19, 2002, is found installed; no further action 
is required by this paragraph.
    (2) If any ``Pre SB A820400-26-432'' P/N listed in Table 2 of 
Kidde Aerospace Service Bulletin A820400-26-432, dated October 19, 
2002, is found installed; or if any ``Pre SB A830800-26-433'' P/N 
listed in Table 2 of Kidde Aerospace Service Bulletin A830800-26-
433, dated October 19, 2002, is found installed; prior to further 
flight, replace the fire extinguisher bottle with a new fire 
extinguisher bottle having the ``Post SB'' P/N listed in Table 2 of 
the applicable Kidde Aerospace service bulletin. Do the actions per 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
747-26A2272, dated January 16, 2003.

Parts Installation

    (b) As of the effective date of this AD, no person may install 
on any airplane a Kidde Aerospace fire extinguisher bottle with any 
``Pre SB A820400-26-432'' P/N listed in Table 2 of Kidde Aerospace 
Service Bulletin A820400-26-432, dated October 19, 2002; or any 
``Pre SB A830800-26-433'' P/N listed in Table 2 of Kidde Aerospace 
Service Bulletin A830800-26-433, dated October 19, 2002.

Alternative Methods of Compliance

    (c) In accordance with 14 CFR 39.19, the Manager, Seattle 
Aircraft Certification Office (ACO), FAA, is authorized to approve 
alternative methods of compliance (AMOCs) for this AD.

Incorporation by Reference

    (d) The actions shall be done in accordance with Boeing Alert 
Service Bulletin 747-26A2272, dated January 16, 2003. 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 Airplanes, 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 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.

Effective Date

    (e) This amendment becomes effective on August 17, 2004.


    Issued in Renton, Washington, on June 30, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-15512 Filed 7-12-04; 8:45 am]
BILLING CODE 4910-13-P