[Federal Register Volume 71, Number 69 (Tuesday, April 11, 2006)]
[Rules and Regulations]
[Pages 18197-18199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3377]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20688; Directorate Identifier 2004-NM-165-AD; 
Amendment 39-14551; AD 2006-07-24]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757-200 and -300 Series 
Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 757-200 and -300 series airplanes. This AD 
requires replacing certain electrical panels with certain new panels. 
This AD results from a report of some loose wire terminations in the 
P50 panel that caused intermittent indications in the flight deck. We 
are issuing this AD to prevent intermittent indications in the flight 
deck, incorrect circuitry operation in the panels, and airplane system 
malfunctions that may adversely affect the alternate flaps, alternate 
gear extension, and fire extinguishing.

DATES: This AD becomes effective May 16, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 16, 2006.

ADDRESSES: You may examine the 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., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Louis Natsiopoulos, Aerospace 
Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 917-6478; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Boeing Model 
757-200 and -300 series airplanes. That NPRM was published in the 
Federal Register on March 23, 2005 (70 FR 14592). That NPRM proposed to 
require replacing certain electrical panels with certain new panels.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Support for the NPRM

    The Boeing Company and American Airlines support the NPRM.

Request to Address Defective Parts Manufacturer Approval (PMA) Parts

    The Modification and Replacement Parts Association (MARPA) requests 
that the NPRM be revised to cover possible defective PMA alternative 
parts and to identify the manufacturer of the defective electrical 
panels, so that those defective PMA parts also are subject to the NPRM. 
MARPA states that the electrical panels are identified in the

[[Page 18198]]

NPRM by certain cryptic numbers such as P1-1, P54, etc. MARPA is not 
clear whether these are vendor part numbers or some other designation 
such as location or function.
    MARPA also states that there are a number of electrical panels 
known to have been approved via the PMA route. However, MARPA adds that 
it is not possible to determine if such alternatives exist in this case 
without knowing the name of the actual manufacturer and its part number 
and/or the corresponding type certificate holder part number. In 
addition, MARPA states that, in general, service bulletins almost 
exclusively refer to the original equipment manufacturer's components 
and exclude possible PMA alternatives. MARPA further states that 
suppliers or repair facilities usually do not have access to the 
proprietary service bulletins and may not be able to identify defective 
components. In such cases, defective units could be returned to service 
or supplied to operators.
    We partially agree. We agree with MARPA's general request that, if 
we know that an unsafe condition also exists in PMA parts, an AD should 
address those parts, as well as the original parts. However, in the 
case of this AD, the unsafe condition is the result of a manufacturing 
error at The Boeing Company, not a design deficiency and thus, this AD 
does not affect PMA parts.
    MARPA's remarks are timely in that the Transport Airplane 
Directorate currently is in the process of reviewing this issue as it 
applies to transport category airplanes. We acknowledge that there may 
be other ways of addressing this issue to ensure that unsafe PMA parts 
are identified and addressed. Once we have thoroughly examined all 
aspects of this issue, including input from industry, and have made a 
final determination, we will consider whether our policy regarding 
addressing PMA parts in ADs needs to be revised.
    We do not agree with MARPA's request to identify the manufacturer 
and part numbers of the subject electric panels. As explained 
previously, we have determined that the identified unsafe condition is 
the result of a manufacturing error, not a design deficiency. Since the 
AD does not affect PMA parts, and The Boeing Company's part numbers of 
the affected P1-1, P1-3, P3-1, P3-3, P50, and P54 panels are identified 
in paragraph 2., ``MATERIAL INFORMATION,'' of the applicable Boeing 
special attention service bulletin listed in table 1 of the AD, it is 
unnecessary to specify PMA part numbers in the AD. Therefore, we have 
made no change to the AD in this regard.

Request To Revise Work Hour Estimate

    The Air Transport Association (ATA) of America, on behalf of one of 
its members (Northwest Airlines, Inc.,), states that the work hours 
necessary to do the proposed replacement are substantially more than 
the 12 work hours specified in the NPRM. The ATA indicates that this 
disparity may cause some affected operators to accomplish the proposed 
replacement during unplanned, dedicated maintenance visits. Northwest 
Airlines, Inc., notes that the service bulletins in table 1 of the NPRM 
specify 84 total hours to do the proposed replacement. They also notes 
that it took 162 hours to modify one of their airplanes. They also 
state that the main driver for the long hours was the enormous 
functional check for all of the disturbed systems and signals when 
replacing certain panels.
    We infer that the ATA and Northwest Airlines, Inc., are requesting 
that we revise the work hour estimate under ``Costs of Compliance'' in 
the NPRM. We do not agree. The work hour estimate describes only the 
direct costs of the replacement required by this AD. Based on the best 
data available, the manufacturer provided the number of work hours (12) 
necessary to do the required replacement. This number represents the 
time necessary to perform only the replacement actually required by 
this AD. We recognize that, in doing the actions required by an AD, 
operators may incur other costs in addition to the direct costs. The 
cost analysis in AD rulemaking actions, however, typically does not 
include those costs (such as the time required to gain access and close 
up, time necessary for planning and scheduling, tests, and time 
necessitated by other administrative actions). Those costs, which may 
vary significantly among operators, are almost impossible to calculate. 
Therefore, we have not changed this AD regarding this issue.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Conclusion

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

Costs of Compliance

    There are about 19 airplanes of the affected design in the 
worldwide fleet. This AD will affect about 13 airplanes of U.S. 
registry. The required actions will take about 12 work hours per 
airplane, at an average labor rate of $65 per work hour. Required parts 
will cost about $252,834 per airplane. Based on these figures, the 
estimated cost of this AD for U.S. operators is $3,296,982, or $253,614 
per airplane. However, we have confirmed with the airplane manufacturer 
that warranty remedies may be available for all affected airplanes. The 
manufacturer may cover the cost of replacement parts and labor costs 
associated with this AD, subject to warranty conditions. As a result, 
the costs attributable to this AD may be less than stated above.

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,

[[Page 18199]]

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 and placed it in the AD docket. 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

0
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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-07-24 Boeing: Amendment 39-14551. Docket No. FAA-2005-20688; 
Directorate Identifier 2004-NM-165-AD.

Effective Date

    (a) This AD becomes effective May 16, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to airplanes listed in Table 1 of this AD, 
certificated in any category.

                         Table 1.--Applicability
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                                           As listed in Boeing Special
              Boeing model                 Attention Service Bulletin--
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(1) 757-200 series airplanes...........  757-24-0092, dated January 9,
                                          2003.
(2) 757-300 series airplanes...........  757-24-0095, dated January 9,
                                          2003.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD was prompted by a report of some loose wire 
terminations in the P50 panel that caused intermittent indications 
in the flight deck. We are issuing this AD to prevent intermittent 
indications in the flight deck, incorrect circuitry operation in the 
panels, and airplane system malfunctions that may adversely affect 
the alternate flaps, alternate gear extension, and fire 
extinguishing.

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.

Replacements

    (f) Within 24 months after the effective date of this AD, 
replace the P1-1, P1-3, P3-1, P3-3, P50, P51, and P54 panels with 
new P1-1, P1-3, P3-1, P3-3, P50, P51, and P54 panels, in accordance 
with the Accomplishment Instructions of the applicable service 
bulletin listed in Table 1 of this AD.

Alternative Methods of Compliance (AMOCs)

    (g)(1) 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Material Incorporated by Reference

    (h) You must use Boeing Special Attention Service Bulletin 757-
24-0092, dated January 9, 2003; or Boeing Special Attention Service 
Bulletin 757-24-0095, dated January 9, 2003; as applicable; to 
perform the actions that are required by this AD, unless the AD 
specifies otherwise. The Director of the Federal Register approved 
the incorporation by reference of these documents in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial 
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy 
of this service information. You may review copies at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street SW., Room PL-401, Nassif Building, Washington, DC; on the 
Internet at http://dms.dot.gov; or at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on March 31, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-3377 Filed 4-10-06; 8:45 am]
BILLING CODE 4910-13-P