[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Proposed Rules]
[Pages 38823-38826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13221]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19540; Directorate Identifier 2004-NM-110-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier proposed airworthiness 
directive (AD) for certain Boeing Model 757 airplanes. The original 
NPRM would have required inspections of certain wire bundles in the 
left and right engine-to-wing aft fairings for discrepancies, and 
related investigative and corrective actions if necessary. The original 
NPRM was prompted by a report indicating that a circuit breaker for the 
fuel shutoff valve tripped due to a wire that chafed against the 
structure in the flammable leakage zone of the aft fairing, causing a 
short circuit. This action revises the original NPRM by adding a new 
requirement for installing back-to-back p-clamps between the wire and 
hydraulic supply tube at the aft end of the right-hand strut only; and 
associated re-routing of the wire bundles, if necessary; and adding 
airplanes to the applicability. This action also clarifies the 
applicability specified in the original NPRM. We are proposing this 
supplemental NPRM to prevent chafing between the wire bundle and the 
structure of the aft fairing, which could result in electrical arcing 
and subsequent ignition of flammable vapors and possible uncontrollable 
fire.

DATES: We must receive comments on this supplemental NPRM by August 1, 
2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this supplemental NPRM.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2004-19540; the directorate identifier for this docket is 
2004-NM-110-AD.

FOR FURTHER INFORMATION CONTACT: Thomas Thorson, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone 
(425) 917-6508; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this supplemental NPRM. Send your comments to an 
address listed under ADDRESSES. Include ``Docket No. FAA-2004-19540; 
Directorate Identifier 2004-NM-110-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this supplemental NPRM. 
We will consider all comments received by the closing date and may 
amend this supplemental NPRM in light of those comments.
    We will post all comments submitted, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this supplemental NPRM. Using the search function 
of our docket Web site, anyone can find and read the comments in any of 
our dockets, including the

[[Page 38824]]

name of the individual who sent the comment (or signed the comment on 
behalf of an association, business, labor union, etc.). You can review 
the DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477-78), or you can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level in the Nassif Building at the DOT 
street address stated in ADDRESSES. Comments will be available in the 
AD docket shortly after the Docket Management System (DMS) receives 
them.

Discussion

    We proposed to amend 14 CFR part 39 with a notice of proposed 
rulemaking (NPRM) for an AD (the ``original NPRM'') for certain Boeing 
Model 757 airplanes. The original NPRM was published in the Federal 
Register on November 5, 2004 (69 FR 64513). The original NPRM proposed 
to require inspections of certain wire bundles in the left and right 
engine-to-wing aft fairings for discrepancies, and related 
investigative and corrective actions if necessary. The original NPRM 
was prompted by a report indicating that a circuit breaker for the fuel 
shutoff valve tripped due to a wire that chafed against the structure 
in the flammable leakage zone of the aft fairing, causing a short 
circuit. Chafing between the wire bundle and the structure of the aft 
fairing could result in electrical arcing and subsequent ignition of 
flammable vapors and possible uncontrollable fire.

Comments

    We have considered the following comments on the original NPRM.

Support for Original NPRM

    One commenter states that it agrees with the actions specified in 
the original NPRM.

Request To Revise Service Information Referenced in the Original NPRM

    Two commenters recommend that, due to additional findings by 
operators during accomplishment of the service bulletins referenced in 
the original NPRM, the service bulletins be revised with corrections to 
address certain discrepancies found in those bulletins. Subsequently 
Boeing revised the service bulletins. We have reviewed Boeing Alert 
Service Bulletins 757-28A0073 (for Model 757-200, -200CB, and -200PF 
series airplanes) and 757-28A0074 (For Model 757-300 series airplanes), 
both Revision 1, both dated February 24, 2005. (The original NPRM 
referenced Boeing Alert Service Bulletins 757-28A0073 and 757-28A0074, 
both dated November 20, 2003, as the appropriate sources of service 
information for accomplishing the proposed actions.) Revision 1 of the 
service bulletins adds provisions for installing back-to-back p-clamps 
between the wire and hydraulic supply tube at the aft end of the right-
hand strut only; and performing associated re-routing of the wire 
bundles, if necessary. We have changed paragraphs (c) and (f) of this 
supplemental NPRM to reference Revision 1 of the service bulletins.

Request To Clarify Applicability

    One commenter, the airplane manufacturer, asks that the 
applicability, specified in paragraph (c) of the original NPRM, be 
changed for clarification. The commenter states that the supplemental 
NPRM should apply only to Model 757 airplanes powered by Rolls-Royce 
engines, not Pratt & Whitney engines. The commenter adds that, for 
certain tasks, Revision 1 of the referenced service bulletins adds the 
last 13 airplanes to the applicability so that the entire 757 fleet 
powered by Rolls-Royce engines is included.
    We agree with the commenter. The original NPRM refers to the 
effectivity identified in the referenced service bulletins; however, 
the applicability should be clarified to state that the supplemental 
NPRM is applicable only to airplanes with Rolls-Royce engines, as 
identified in Revision 1 of the referenced service bulletins. Paragraph 
(c) of this supplemental NPRM is changed accordingly. In addition, the 
total number of airplanes in the worldwide fleet specified in the 
original NPRM was incorrect. The original NPRM specified a total of 613 
airplanes worldwide, but the airplane manufacturer has verified that 
the correct number of airplanes in the worldwide fleet should have been 
identified in the original NPRM as 605. Therefore, the correct number 
of airplanes for the supplemental NPRM is 618 worldwide and 342 of U.S. 
registry. We have changed those numbers in this supplemental NPRM.

Request To Add Repetitive Inspections of the Engine-to-Wing Aft 
Fairings

    One commenter asks that operators be allowed to perform repetitive 
detailed visual inspections of the wire bundles in the engine-to-wing 
aft fairings instead of accomplishing the modification. The commenter 
supports its request by its inspection with minimal findings. The 
commenter adds that, in case of findings, the modification specified in 
the referenced service information should be performed as a terminating 
action. The commenter asks that the compliance time for the inspections 
be at intervals between 24 and 60 months. The commenter notes that the 
airplane manufacturer developed a maintenance schedule with repetitive 
inspections for its Model 757 special freighter airplanes at a C-check 
or 24 months, or 6,000 flight hours or 3,000 flight cycles.
    We do not agree with the commenter. The configuration of several 
airplanes in the 757 fleet has been identified as having the potential 
to develop the unsafe condition specified in the original NPRM. The 
modification will ensure that the unsafe condition of chafing between 
the wire bundle and the structure of the aft fairing will not exist on 
additional airplanes in the fleet. However, under the provisions of 
paragraph (g) of this AD, affected operators may request approval of an 
alternative method of compliance (AMOC) for the relevant requirements. 
The request must include data substantiating that the AMOC would 
provide an acceptable level of safety. We have not changed the 
supplemental NPRM in this regard.

Request To Allow Compliance With Referenced Service Information

    One commenter states that some pylon configurations already have 
the correct wire routing and need only a bracket with part number P/N 
313N5033-134 installed in order to comply with the modification 
specified in the service information referenced in the original NPRM. 
The commenter does not provide any request.
    We acknowledge the commenter's concern and offer the following 
response. The referenced service information is sufficiently 
comprehensive to allow completion of the corrective actions for all 
delivered airplane configurations, including the recommended 
provisional work instructions, which will reduce the quantity of AMOC 
approval requests by operators. We have approved Revision 1 of the 
service bulletins, as specified previously, and revised the original 
NPRM to refer to Revision 1. We hope this change will address the 
commenter's concern.

[[Page 38825]]

Request To Address Technical Disparity

    The same commenter suggests that we address a technical disparity 
between the service information referenced in the original NPRM and 
aircraft drawings 288N3121 and 288N3122. The commenter notes that Step 
3 of Figure 2 of the original issue of Service Bulletin 757-28A0073 
specifies inspection and possible replacement of caterpillar grommet P/
N BACG20Z-E on the pylon bulkhead at power plant station 278. The 
commenter adds that this pylon bulkhead is a flanged hole, and the 
drawings specify the use of caterpillar grommet P/N BACG20AD for the 
flanged holes. The commenter adds that it has verified that P/N 
BACG20Z-E will not fit on the pylon bulkhead at power plant station 
278.
    We acknowledge the commenter's concern. P/N BACG20Z-E has been 
verified by the manufacturer to be the P/N installed during production, 
and installation of this part per the referenced service bulletin has 
been validated in-service. The installation steps have been clarified 
in Revision 1 of the referenced service bulletin, and the manufacturer 
has verified that the Illustrated Parts Catalog reflects the same part 
number specified in the service bulletin. In addition, the referenced 
drawings authorize installation of either P/N BACG20Z-E or P/N BACG20AD 
by general note. We have received data substantiating that the 
commenter's issues have been addressed through coordination with the 
manufacturer. We have not changed the supplemental NPRM in this regard.

Request for Approval of Future Service Bulletin Revisions

    One commenter asks that a statement be included in the supplemental 
NPRM allowing the use of later FAA-approved revisions of the referenced 
service information. The commenter states that this will allow 
operators to use FAA-approved revisions without requesting an AMOC.
    We do not agree with the commenter. We cannot accept as-yet 
unpublished service documents for compliance with the requirements of 
an AD. Referring to an unavailable service bulletin in an AD to allow 
operators to use later revisions of the referenced documents (issued 
after publication of the AD) violates Office of the Federal Register 
regulations for approving materials that are incorporated by reference. 
It should be noted that when we approve AD-related service information, 
an AMOC is usually issued to the manufacturer to authorize use of the 
new bulletin, thus precluding the need for operators to submit AMOC 
requests. We have not changed the supplemental NPRM in this regard.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    The changes discussed above expand the scope of the original NPRM; 
therefore, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment on 
this supplemental NPRM.

Costs of Compliance

    There are about 618 airplanes of the affected design in the 
worldwide fleet. This supplemental NPRM would affect about 342 
airplanes of U.S. registry. The proposed actions would take between 16 
and 44 work hours per airplane, depending on airplane configuration, at 
an average labor rate of $65 per work hour. Required parts would cost 
about $600 per airplane. Based on these figures, the estimated cost of 
this supplemental NPRM on U.S. operators is between $560,880 and 
$1,183,320, or between $1,640 and $3,460 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

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this supplemental NPRM. See the ADDRESSES section for a 
location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Boeing: Docket No. FAA-2004-19540; Directorate Identifier 2004-NM-
110-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by August 1, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model 757-200, -200PF, -200CB, and -300 
series airplanes; certificated in any category; equipped with Rolls-
Royce engines; as identified in Boeing Alert Service Bulletins 757-
28A0073 and 757-28A0074, both Revision 1, both dated February 24, 
2005.

Unsafe Condition

    (d) This AD was prompted by a report indicating that a circuit 
breaker for the fuel shutoff valve tripped due to a wire that chafed 
against the structure in the flammable leakage zone of the aft 
fairing, causing a short circuit. We are issuing this AD to prevent 
chafing between the wire bundle and the structure of the aft 
fairing, which could result in electrical arcing and subsequent 
ignition of flammable vapors and possible uncontrollable fire.

[[Page 38826]]

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.

One-Time Inspections/Related Investigative and Corrective Actions

    (f) Within 60 months after the effective date of this AD, do the 
actions required by paragraphs (f)(1) and (f)(2) of this AD.
    (1) Accomplish the detailed inspections for discrepancies of the 
wire bundles in the left and right engine-to-wing aft fairings, and 
applicable and related investigative and corrective actions if 
necessary, as applicable, by doing all the actions specified in the 
Accomplishment Instructions of Boeing Alert Service Bulletins 757-
28A0073 (for Model 757-200, -200CB, and -200PF series airplanes) and 
757-28A0074 (for Model 757-300 series airplanes), both dated 
November 20, 2003; or Revision 1, both dated February 24, 2005, as 
applicable. Accomplish any related investigative and corrective 
actions before further flight in accordance with the applicable 
service bulletin.
    (2) Install back-to-back p-clamps between the wire and hydraulic 
supply tube at the aft end of the right-hand strut only; and re-
route the wire bundles, if necessary, by doing all the applicable 
actions specified in the Accomplishment Instructions of Boeing Alert 
Service Bulletin 757-28A0073 or 757-28A0074, both Revision 1, both 
dated February 24, 2005; as applicable.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

    Issued in Renton, Washington, on June 27, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-13221 Filed 7-5-05; 8:45 am]
BILLING CODE 4910-13-U