[Federal Register Volume 70, Number 131 (Monday, July 11, 2005)]
[Rules and Regulations]
[Pages 39639-39642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13140]



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  Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Rules 
and Regulations  

[[Page 39639]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19795; Directorate Identifier 2004-NM-196-AD; 
Amendment 39-14181; AD 2005-14-04]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 777-200 and -300 Series 
Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 777-200 and -300 series airplanes. This AD 
requires replacing the existing halogen lamps in the cargo compartment 
light assemblies with new incandescent lamps, and installing warning 
and identification placards. This AD is prompted by a report of an aft 
cargo fire during flight. We are issuing this AD to prevent a fire in 
the cargo compartment.

DATES: This AD becomes effective August 15, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of August 
15, 2005.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. 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 of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, 
Washington, DC. This docket number is FAA-2004-19795; the directorate 
identifier for this docket is 2004-NM-196-AD.

FOR FURTHER INFORMATION CONTACT: Clint Jones, Aerospace Engineer, Cabin 
Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 917-6471; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with an AD for certain Boeing Model 777-200 and -300 series airplanes. 
That action, published in the Federal Register on December 3, 2004 (69 
FR 70202), proposed to require replacing the existing halogen lamps in 
the cargo compartment light assemblies with new incandescent lamps, and 
installing warning and identification placards.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the proposed AD.

Support for the Proposal

    Several commenters support the proposal. One commenter, an airplane 
operator, estimates that the proposed actions for its fleet would take 
approximately 6.25 man hours per airplane at a cost of $569. We agree 
that this cost estimate is in line with the estimate provided in the 
proposal.

Request To Allow Replacement According to a Specified Standard

    One commenter, an airplane operator, agrees with the intent of the 
proposal, but requests that the proposal be revised to allow operators 
to use incandescent replacement lamps that meet a certain design 
specification, rather than those that have a particular part number.
    We agree with the commenter; many incandescent lamps are 
manufactured to industry standards, and would adequately address the 
unsafe condition. The American National Standards Institute (ANSI) 
gives specifications for the lamps that include rated voltage, rated 
life, current or wattage, mean spherical candela, bulb diameter, and 
base design. All of these specifications are considered critical for 
lamps that are used in the affected airplanes. We have revised 
paragraph (f) of the final rule to allow operators the option to use 
lamps that meet the ANSI standard.

Request To Clarify Part Number

    The same commenter requests that we revise the proposal to add 
known, manufacturer-internal part numbers for the light bulbs listed in 
the proposal. This suggested change is intended to promote awareness 
and compliance with the AD.
    We agree with the commenter. The airplane manufacturer's service 
bulletin and the part assembly manufacturer's service bulletin each 
have a separate part number that refers to the same part, which could 
cause confusion. We have revised paragraph (g) of the final rule to 
include both part numbers.

Request To Address Light Bulbs Changed Before Compliance Date of AD

    The same commenter requests that we change the proposal to address 
the modification of the light assembly that would be required should a 
halogen lamp fail and need replacement prior to the end of the 
compliance period of the AD. We infer that the commenter is pointing 
out that any halogen lamp could be replaced with another halogen lamp 
before operators must replace them all with new incandescent lamps in 
the entire cargo area.
    We agree with the commenter. It is likely that the situation the 
commenter describes will happen. The change to paragraph (g) described 
in the above paragraph titled ``Request to Clarify Part Number,'' and 
the addition of the words ``As of 18 months after the effective date of 
this AD,'' to that same paragraph, will ensure that no halogen lamps 
are installed in the cargo ceiling light assemblies after the 
compliance period of the AD.

Request To Include Additional Lighting Assembly

    One commenter, another airplane operator, requests that we include 
in the proposal a requirement to change the lamp in the airplane's bulk 
cargo door sill. The commenter points out that this lamp also could be 
an ignition source. The commenter also is concerned that two different 
lamp installations and

[[Page 39640]]

inventory stocks for the same compartment of the airplane could cause 
confusion and potential opportunity to mix the bulbs.
    We partially agree with the commenter's request. We agree that 
there could be opportunity to mix lamps if the operator does not follow 
the placarded directions on the re-worked light assemblies. However, a 
number of factors will minimize this possibility. First, the lights are 
placarded, and maintenance personnel should look at the removed part 
(or lamp) and compare it to the replacement lamp. Second, the 
illustrated parts catalogue has been updated to show the new lamps and 
the corresponding installation locations. Third, the lamp intensities 
and hues are different. Finally, we disagree that the sill light is an 
ignition source because there is a required cargo net that acts as a 
barrier and protects the door and sill area; therefore, properly loaded 
cargo should not come into contact with the cargo door sill light 
because it is located between the cargo net and the bulk cargo door. We 
have not changed the final rule in this regard. However, we have 
revised paragraph (g) of the final rule to clarify that the door sill 
light is not affected by the requirements of that paragraph.

Suggestion To Use Light-Emitting Diode

    Another commenter agrees with the proposal but suggests that high-
intensity light-emitting diode (LED) lighting be used rather than 
incandescent lighting. The commenter points out that LED lighting can 
create a brighter light than that of incandescent lamps, but operate 
cooler and more efficiently than halogen or incandescent lamps.
    We partially agree with the commenter. We agree with the 
commenter's assessment of LED technology; LED lighting has been found 
to be cooler than halogen and brighter than incandescent lamps. We 
disagree with any requirement to replace halogen lamps with LED 
lighting. Although the new installation with incandescent lamps does 
not provide as much light, the installation has been demonstrated and 
inspected onboard the airplane and has been found to be compliant with 
Federal Aviation Regulations. We will, however, consider specific 
proposed alternative methods of compliance for the requirements of this 
AD as specified in paragraph (h) of this AD. We have not changed the 
final rule in this regard.

Request To Shorten Compliance Time

    Another commenter requests that we reduce the compliance time to 
less than the proposed 18 months. The commenter suggests the most 
expeditious replacement schedule possible--as quickly as lamp suppliers 
can provide the lamps, and the airplane operators can make the 
replacements. The commenter suggests that the supplier can produce the 
necessary number of lamps in a shorter time-frame than 18 months. The 
commenter maintains that operators can replace the lamps without 
waiting for scheduled maintenance, and that the work can be done during 
several overnight maintenance actions.
    We partially agree with the commenter. We agree with adhering to 
the most expeditious replacement schedule that is reasonable. We strive 
to review all risk collectively across the U.S. fleet, and then to 
reduce that overall risk to acceptable levels. We disagree with a 
compliance time of less than 18 months for this issue, because an 18-
month compliance time currently accomplishes a reduction to the risk of 
another cargo fire at an accelerated, expeditious schedule. We have not 
changed the final rule in this regard.

Request To Lengthen Compliance Time

    Another commenter, the airplane manufacturer, requests that we 
change the compliance time from 18 months to 36 months. The commenter 
notes that 36 months is more appropriate and is conservative from a 
risk-management standpoint. The commenter further states that a 36-
month compliance time would allow airplanes to accomplish the action on 
the 133 affected U.S.-registered airplanes during regular scheduled 
maintenance visits instead of requiring a potential unscheduled, and 
therefore costly, maintenance task. The commenter points out that, in 
accordance with Section 25.857 (``Cargo compartment classification'') 
of the Federal Aviation Regulations (14 CFR 25.857(c)), the Model 777-
200 and 777-300 cargo compartments have smoke detection systems and an 
approved built-in fire suppression system. The commenter states that 
these systems would limit damage only to the cargo that initially 
catches fire. The commenter also states that operators have been 
notified to maintain clearance between cargo baggage and the ceiling 
liner in the bulk compartment until the service bulletin is completed. 
The commenter believes that, with a fleet history of over 7 million 
flight hours and only one known cargo fire, the risk of an uncontrolled 
cargo fire is extremely improbable.
    We do not agree with the commenter. When we established the 
compliance time of 18 months, we considered the urgency associated with 
the unsafe condition, the availability of required parts, and the 
practical aspects of replacing the lamps within a period or time that 
corresponds to the normal maintenance schedules of most affected 
operators. In addition, operators may request approval for an 
alternative method of compliance according to paragraph (h) of this AD. 
The request should include an assessment of the effect of the requested 
change on the unsafe condition addressed by this AD. We have not 
changed the final rule in this regard.

Request To Remove Manufacturer's Acknowledgement

    The same commenter requests that we remove the sentence ``the 
manufacturer has acknowledged this adjustment'' from the section in the 
proposal titled ``Differences Between the Proposed AD and the Service 
Bulletin'' in the preamble of the proposal. The commenter points out 
that this statement implies that the manufacturer has agreed to the 
shortened compliance time, when it has not agreed with this request.
    We acknowledge the commenter's request but the ``Differences 
Between the Proposed AD and the Service Bulletin'' section for the NPRM 
is not reproduced in the final rule. Therefore, there is no change to 
be made to the final rule. However clarification is necessary. The 
statement quoted above is not intended to imply agreement on behalf of 
the manufacturer. The statement is intended to clarify that we 
contacted the manufacturer and alerted the appropriate individuals that 
the compliance time in the proposal would differ from that in the 
service bulletin. The manufacturer responded with a formal letter 
acknowledging, and not necessarily agreeing with, the 18-month 
compliance time.

Request To Include Additional Placard

    Another commenter requests that the proposal require that operators 
install a temporary placard stating that no cargo may be loaded against 
the existing halogen light assemblies. The commenter states that this 
placard would stay in place until the halogen lamps are replaced, and 
would be a quick and easy way to alert operators of the halogen lamp 
hazard.
    We disagree with the request to include this additional placard. 
Operators have already been warned of this hazard through a Boeing 
Fleet Team Digest article, which was published in the first quarter of 
2004. In addition, there are placards associated with the smoke 
detection system ports in the ceiling cargo bay that caution not to 
block the ports. Therefore, we have

[[Page 39641]]

determined that the intent of this comment is already satisfied. We 
have not changed the final rule in this regard.

Explanation of Additional Change to Proposal

    We have added a reference to Honeywell International Service 
Bulletin 15-0712-33-0001, dated October 15, 2004, as an additional 
source of service information for replacing the lamps. This reference 
was inadvertently omitted from the proposal and is now included as Note 
1 of the final rule.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 474 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Average
              Airplane model                Work hours     hourly                Parts               Cost per    Number of U.S.-registered    Fleet cost
                                                         labor rate                                  airplane            airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
777-200 (Group 1)........................            5          $65  No cost to operators........         $325  133........................      $43,225
777-300 (Group 2)........................            7           65  No cost to operators........        * 455  None currently.............          * 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The figures in this table would apply if an affected Model 777-300 series airplane is imported and placed on the U.S. Register in the future.

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 AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

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

2005-14-04 Boeing: Amendment 39-14181. Docket No. FAA-2004-19795; 
Directorate Identifier 2004-NM-196-AD.

Effective Date

    (a) This AD becomes effective August 15, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 777-200 and -300 series 
airplanes, certificated in any category; as identified in Boeing 
Special Attention Service Bulletin 777-33-0025, dated September 1, 
2004.

Unsafe Condition

    (d) This AD was prompted by a report of an aft cargo fire during 
flight. We are issuing this AD to prevent a fire in the cargo 
compartment.

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.

Lamp Replacement

    (f) Within 18 months after the effective date of this AD, 
replace all halogen lamps in the cargo compartment ceiling light 
assemblies with new incandescent lamps that have the part number (P/
N) in paragraph (f)(1) of this AD or that meet the standard in 
paragraph (f)(2) of this AD; and install warning and identification 
placards. Except as provided by paragraph (f)(2) of this AD, do all 
actions in accordance with the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 777-33-0025, dated September 1, 
2004.
    (1) General Electric (P/N) GE2233 lamp, as referenced in Boeing 
Special Attention Service Bulletin 777-33-0025, dated September 1, 
2004.
    (2) Any 28-volt incandescent lamp built to American National 
Standards Institute (ANSI) 2233 specifications, and whose 
manufacturer has requested and been assigned the ANSI 2233 
designation by the American National Standards Institute.


    Note 1: Boeing Special Attention Service Bulletin 777-33-0025, 
dated September 1, 2004, refers to Honeywell International Service 
Bulletin 15-0712-33-0001, dated October 15, 2004, as an additional 
source of service information for replacing the lamps.

Parts Installation

    (g) As of 18 months after the effective date of this AD, no 
person may install a halogen bulb, P/N 9203 (Boeing), or P/N 55-
2181-7 (Honeywell), in any airplane cargo ceiling light assembly 
(excluding the lamp in the airplane's bulk cargo door sill).

[[Page 39642]]

Alternative Methods of Compliance (AMOCs)

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

Material Incorporated by Reference

    (i) You must use Boeing Special Attention Service Bulletin 777-
33-0025, dated September 1, 2004, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approves the incorporation by reference of 
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
For copies of the service information, contact Boeing Commercial 
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. For 
information on the availability of this material at the National 
Archives and Records Administration (NARA), call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. You may view the AD 
docket at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC.

    Issued in Renton, Washington, on June 24, 2005.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-13140 Filed 7-8-05; 8:45 am]
BILLING CODE 4910-13-P