[Federal Register Volume 72, Number 18 (Monday, January 29, 2007)]
[Rules and Regulations]
[Pages 3939-3942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1203]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25642; Directorate Identifier 2006-NM-121-AD; 
Amendment 39-14912; AD 2007-03-01]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757 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 airplanes. This AD requires inspecting certain 
power feeder wire bundles for damage, inspecting the support clamps for 
these wire bundles to determine whether the clamps are properly 
installed, and performing corrective actions if necessary. This AD 
results from a report that a power feeder wire bundle chafed against 
the number six auxiliary slat track, causing electrical wires in the 
bundle to arc, which damaged both the auxiliary slat track and power 
feeder wires. We are issuing this AD to prevent arcing that could be a 
possible ignition source for leaked flammable fluids, which could 
result in a fire. Arcing could also result in a loss of power from the 
generator connected to the power feeder wire bundle, and consequent 
loss of systems, which could reduce controllability of the airplane.

DATES: This AD becomes effective March 5, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of March 5, 2007.

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 the service information identified in this 
AD.

FOR FURTHER INFORMATION CONTACT: Philip Sheridan, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6441; 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 airplanes. That NPRM was published in the Federal Register on 
August 21, 2006 (71 FR 48493). That NPRM proposed to require inspecting 
certain power feeder wire bundles for damage, inspecting the support 
clamps for these wire bundles to determine whether the clamps are 
properly installed, and performing corrective actions if necessary.

Comments

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

Request To Clarify Scope of Service Information

    Northwest Airlines (NWA) states that the service bulletins referred 
to in the NPRM indicate that Boeing technical publication revisions are 
not required to support the referenced modification. NWA adds that, 
typically, wire bundle installations are not detailed in Boeing 
technical publications; wire bundles are installed and maintained in 
accordance with the Boeing standard wiring practices manual (SWPM). NWA 
notes that the addition of spacers and rivets to wire bundle support 
brackets is not supported by Boeing technical publications. NWA adds 
that this burdens operators with the cost of developing their own 
system of maintaining the required configuration for continued 
compliance with the AD.
    We infer that the commenter is asking for clarification of the 
scope of the referenced service information regarding related technical 
publications. Regarding the comment on adding spacers and rivets, the 
spacers should already have been installed, and the purpose of the 
rivets is to ensure that

[[Page 3940]]

the clamp cannot be bolted into the incorrect hole; the rivets and 
spacers are not used to support the wire bundle bracket. After the 
rivets and spacers are installed there should be no further maintenance 
necessary; therefore, compliance with the actions specified in the 
service information meets the requirements of this AD. We have not 
changed the AD in this regard.

Request To Use Minimum Equipment List (MEL) in Lieu of Repair

    NWA asks that paragraph (g) of the NPRM be changed to allow flight 
using the MEL of the system rather than require repair prior to further 
flight. NWA states that the compliance time specified in paragraph (g) 
of the NPRM, and the referenced service bulletins, requires that the 
wire bundles be repaired as necessary per Boeing SWPM, Chapter 20-10-
13, before further flight. NWA adds that the integrated drive generator 
(IDG) MEL and deviation dispatch guide (DDG), which disconnects the 
IDG, could be safely applied if the conditions found required 
significant repairs. NWA notes that operators could use the limited MEL 
time for repair planning and scheduling.
    We do not agree with the commenter. Disabling an essential system 
and then dispatching under the MEL is not an acceptable alternative 
method of compliance. The MEL is provided for unexpected failures of 
systems, and is not a substitute for proper planning to ensure timely 
compliance with ADs.

Request To Publish Service Information/Incorporate by Reference in NPRM

    The Modification and Replacement Parts Association (MARPA) states 
that ADs are based on service information that originates from the type 
certificate holder or its suppliers. MARPA adds that manufacturer's 
service documents are privately authored instruments, generally having 
copyright protection against duplication and distribution. MARPA states 
that when a service document is incorporated by reference into a public 
document, such as an AD, pursuant to 5 U.S.C. 552(a) and 1 CFR part 51, 
it loses its private, protected status and becomes a public document. 
MARPA notes that if a service document is used as a mandatory element 
of compliance it should not simply be referenced, but should be 
incorporated by reference. MARPA believes that public laws, by 
definition, should be public, which means they cannot rely upon private 
writings for compliance. MARPA adds that the legal interpretation of a 
document is a question of law, not of fact; therefore, unless the 
service document is incorporated by reference it cannot be considered. 
MARPA is concerned that failure to incorporate essential service 
information could result in a court decision invalidating the AD.
    MARPA also states that service documents incorporated by reference 
should be made available to the public by publication in the Docket 
Management System (DMS), keyed to the action that incorporates those 
documents. MARPA notes that the stated purpose of the incorporation by 
reference method is brevity, to keep from expanding the Federal 
Register needlessly by publishing documents already in the hands of the 
affected individuals. MARPA adds that, traditionally, ``affected 
individuals'' means aircraft owners and operators, who are generally 
provided service information by the manufacturer. MARPA adds that a new 
class of affected individuals has emerged, since the majority of 
aircraft maintenance is now performed by specialty shops instead of 
aircraft owners and operators. MARPA notes that this new class includes 
maintenance and repair organizations, component servicing, and/or 
servicing alternatively certified parts under section 21.303 
(``Replacement and modification parts'') of the Federal Aviation 
Regulations (14 CFR 21.303). MARPA notes that distribution to owners 
may, when the owner is a financing or leasing institution, not actually 
reach the people responsible for accomplishing the AD. Therefore, MARPA 
asks that the service documents deemed essential to the accomplishment 
of the NPRM be incorporated by reference into the regulatory instrument 
and published in DMS.
    We understand the commenter's concern. The Office of the Federal 
Register (OFR) requires that documents that are necessary to accomplish 
the requirements of the AD be incorporated by reference during the 
final rule phase of rulemaking. This AD incorporates by reference the 
document necessary for the accomplishment of the requirements mandated 
by this AD. Further, we point out that while documents that are 
incorporated by reference do become public information, as noted by the 
commenter, they do not lose their copyright protection. For that 
reason, we advise the public to contact the manufacturer to obtain 
copies of the referenced service information.
    In regard to MARPA's request to post service bulletins on the 
Department of Transportation's DMS, we are currently in the process of 
reviewing issues surrounding the posting of service bulletins on the 
DMS as part of an AD docket. Once we have thoroughly examined all 
aspects of this issue and have made a final determination, we will 
consider whether our current practice needs to be revised. No change to 
the AD is necessary in response to this comment.

Request To Change Costs of Compliance Section

    NWA asks that we change the Costs of Compliance section of the 
NPRM. NWA states that the NPRM specifies that the proposed actions 
would require 2 work hours per airplane. NWA adds that this is 
inconsistent with the work hours given in Boeing Service Bulletin 757-
24-0105, Revision 2, dated April 20, 2006 (referred to in the NPRM as 
one source of service information for accomplishing the specified 
actions). The service bulletin specifies 8 work hours for Group 1 
airplanes and 7.5 work hours for Group 2 airplanes.
    We do not agree to increase the work hours required to do the 
inspections. The costs of compliance that are discussed in AD 
rulemaking actions represent only the time necessary to perform the 
specific actions actually required by the AD. In this case, the only 
actions required by the AD for all airplanes are the inspections. The 
costs of compliance also 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. We have made no 
change to the AD in this regard.

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 as proposed.

Costs of Compliance

    There are about 902 airplanes of the affected design in the 
worldwide fleet. This AD affects about 631 airplanes of U.S. registry. 
The actions take about 2 work hours per airplane, at an average labor 
rate of $80 per work hour. Based on these figures, the estimated cost 
of the AD for U.S. operators is $100,960, or $160 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

[[Page 3941]]

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 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):

2007-03-01 Boeing: Amendment 39-14912. Docket No. FAA-2006-25642; 
Directorate Identifier 2006-NM-121-AD.

Effective Date

    (a) This AD becomes effective March 5, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 757-200, -200PF, -200CB, and 
-300 series airplanes; certificated in any category; as identified 
in the service bulletins listed in Table 1 of this AD.

                                             Table 1.--Applicability
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                                                  Boeing Special
                                                     Attention      Revision
                 Airplane model                       Service        level                    Date
                                                     Bulletin
----------------------------------------------------------------------------------------------------------------
757-200, -200PF, -200CB series..................     757-24-0105            2  April 20, 2006.
757-300 series..................................     757-24-0106            2  April 20, 2006.
----------------------------------------------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from a report that a power feeder wire 
bundle chafed against the number six auxiliary slat track, causing 
electrical wires in the bundle to arc, which damaged both the 
auxiliary slat track and power feeder wires. We are issuing this AD 
to prevent arcing that could be a possible ignition source for 
leaked flammable fluids, which could result in a fire. Arcing could 
also result in a loss of power from the generator connected to the 
power feeder wire bundle, and consequent loss of systems, which 
could reduce controllability of the airplane.

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.

Service Bulletin Reference

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the following service bulletins, as 
applicable:
    (1) For Model 757-200, -200PF, and -200CB series airplanes: 
Boeing Special Attention Service Bulletin 757-24-0105, Revision 2, 
dated April 20, 2006; and
    (2) For Model 757-300 series airplanes: Boeing Special Attention 
Service Bulletin 757-24-0106, Revision 2, dated April 20, 2006.

One-Time Inspections and Corrective Actions

    (g) Within 24 months after the effective date of this AD, 
perform a general visual inspection for damage (including but not 
limited to chafing) of power feeder wire bundles W3312 and W3412 at 
front spar station 148.90 in the left and right wings, and a general 
visual inspection of the support clamps for those power feeder wire 
bundles to determine whether the clamps are properly installed, and, 
before further flight, do all applicable corrective actions. Do 
these actions by doing all of the applicable actions in the 
applicable service bulletin.

Actions Accomplished Previously

    (h) Inspections and corrective actions done before the effective 
date of this AD in accordance with the service information listed in 
Table 2 of this AD are acceptable for compliance with the 
corresponding actions required by this AD.

          Table 2.--Other Acceptable Service Bulletin Revisions
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 Boeing Special Attention Service
             Bulletin                Revision level           Date
------------------------------------------------------------------------
757-24-0105......................  Original..........  September 30,
                                                        2004.
757-24-0105......................  1.................  June 23, 2005.
757-24-0106......................  Original..........  September 30,
                                                        2004.
757-24-0106......................  1.................  June 23, 2005.
------------------------------------------------------------------------


[[Page 3942]]

Special Flight Permit

    (i) 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, provided that the 
generator served by the power feeder wire bundles specified in 
paragraph (g) of this AD is disconnected.

Alternative Methods of Compliance (AMOCs)

    (j)(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

    (k) You must use Boeing Special Attention Service Bulletin 757-
24-0105, Revision 2, dated April 20, 2006; and Boeing Special 
Attention Service Bulletin 757-24-0106, Revision 2, dated April 20, 
2006; 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on January 18, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-1203 Filed 1-26-07; 8:45 am]
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