[Federal Register Volume 72, Number 32 (Friday, February 16, 2007)]
[Rules and Regulations]
[Pages 7563-7566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2511]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25470; Directorate Identifier 2006-NM-090-AD; 
Amendment 39-14942; AD 2007-04-10]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747-400 Series Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain Boeing Model 747-400 series airplanes. 
That AD currently requires replacement of the decompression panels that 
are located in the smoke barrier between the passenger and main deck 
cargo compartment with new panels of an improved design. This new AD 
requires modification of the decompression panels on the smoke barrier 
in the main deck cargo compartment, or replacement of the smoke barrier 
with an improved smoke barrier, as applicable. This new AD also 
requires repetitive inspections of the decompression (vent) panels on 
the smoke barrier and corrective actions if necessary. This new AD also 
adds airplanes to the applicability. This AD results from reports of 
decompression panels on the smoke barrier opening in flight and on the 
ground without a decompression event. We are issuing this AD to prevent 
inadvertent opening or tearing of decompression panels, which could 
result in degraded cargo fire detection and suppression capability, 
smoke penetration into an occupied compartment, and an uncontrolled 
cargo fire, if a fire occurs in the main deck cargo compartment.

[[Page 7564]]


DATES: This AD becomes effective March 23, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 23, 
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 service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Susan Letcher, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6474; 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 supersedes AD 96-24-03, amendment 39-
9829 (61 FR 59319, November 22, 1996). The existing AD applies to 
certain Boeing Model 747-400 series airplanes. That NPRM was published 
in the Federal Register on August 1, 2006 (71 FR 43390). That NPRM 
proposed to require modification of the decompression panels on the 
smoke barrier in the main deck cargo compartment or replacement of the 
smoke barrier with an improved smoke barrier, as applicable. That NPRM 
also proposed to require repetitive inspections of the decompression 
(vent) panels on the smoke barrier and corrective actions if necessary. 
That NPRM also proposed to add airplanes to the applicability.

Comments

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

Support for the NPRM

    Boeing supports the NPRM.

Request To Publish Service Information

    The Modification and Replacement Parts Association (MARPA) states 
that, typically, ADs are based on service information originating with 
the type certificate holder or its suppliers. MARPA adds that 
manufacturer service documents are privately authored instruments 
generally having copyright protection against duplication and 
distribution. MARPA notes that when a service document is incorporated 
by reference into a public document, such as an AD, it loses its 
private, protected status and becomes a public document. MARPA adds 
that if a service document is used as a mandatory element of 
compliance, it should not simply be referenced, but should be 
incorporated into the regulatory document; by definition, public laws 
must be public, which means they cannot rely upon private writings. 
MARPA adds 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 them. 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; 
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 repair shops, parts purveyors and distributors, 
and organizations manufacturing or servicing alternatively certified 
parts under section 21.303 (``Replacement and modification parts'') of 
the Federal Aviation Regulations (14 CFR 21.303). MARPA adds that the 
concept of brevity is now nearly archaic as documents exist more 
frequently in electronic format than on paper. 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 the DMS.
    We understand MARPA's comment concerning incorporation by 
reference. 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 final rule 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, 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 the commenter'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 final rule is necessary in response to this comment.

Request To Allow Use of Parts Manufacturer Approval (PMA) Parts

    MARPA states that the practice of requiring the replacement of a 
defective part with a certain part conflicts with 14 CFR 21.303. MARPA 
asserts that requiring installation of a certain part prevents 
installation of other good parts and prohibits the development of new 
parts. MARPA also states that the practice of requiring an alternative 
method of compliance (AMOC) to install a PMA part should be stopped. 
MARPA concludes that this practice presumes that all PMA parts are 
inherently defective and require an additional layer of approval. MARPA 
further states the NPRM does not comply with FAA Order 8040.2; that 
order states that replacement or installation of certain parts could 
have replacement parts approved under 14 CFR 21.303 based on a finding 
of identicality. That order also states that any parts approved under 
this regulation and installed should be subject to the actions of the 
AD and included in the applicability. MARPA states that if a PMA part 
is defective, then it must be addressed in an AD and not just simply 
implied by an AMOC requirement. MARPA suggests that we adopt language 
used in ADs issued by directorates other than the Transport Airplane 
Directorate, which specify installing an ``FAA-approved equivalent

[[Page 7565]]

part number'' or ``airworthy parts.'' MARPA contends that the mandates 
contained in Section 1, paragraph (b)(1) of Executive Order 12866 are 
not being met because the directorates differ in their treatment of 
this issue. MARPA, therefore, requests that we revise the NPRM to allow 
use of PMA parts.
    We do not agree to revise this AD. The NPRM did not address PMA 
parts, as provided in draft FAA Order 8040.2, because the Order was 
only a draft that was out for comment at the time. After issuance of 
the NPRM, the Order was revised and issued as FAA Order 8040.5 with an 
effective date of September 29, 2006.
    FAA Order 8040.5 does not address PMA parts in ADs. We acknowledge 
the need to ensure that unsafe PMA parts are identified and addressed 
in ADs related to Mandatory Continuing Airworthiness Information 
(MCAI). We are currently examining all aspects of this issue, including 
input from industry. Once we have made a final determination, we will 
consider how our policy regarding PMA parts in ADs needs to be revised. 
We consider that to delay this AD action would be inappropriate, since 
we have determined that an unsafe condition exists and that replacement 
of certain parts must be accomplished to ensure continued safety. 
Therefore, no change has been made to the final rule in this regard.

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 as proposed.

Costs of Compliance

    There are about 63 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs, at 
an average labor rate of $80 per hour, for U.S. operators to comply 
with the AD. The estimated work hours and cost of parts for the 
modification in the table below depend on the configuration of an 
airplane.

                                                 Estimate Costs
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                                                                                    Number of
                                                                                      U.S.-
            Action               Work hours        Parts        Cost per airplane   registered     Fleet cost
                                                                                    airplanes
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Modification (new action).....        16-17     $12,064-15,362     $13,344-16,722            2  $26,688-33,444.
Replacement (new action)......            4             48,647             48,967            2  97,934.
Inspection (new action).......            2               None                160            2  320, per
                                                                                                 inspection
                                                                                                 cycle.
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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 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 
removing amendment 39-9829 (61 FR 59319, November 22, 1996) and by 
adding the following new airworthiness directive (AD):

2007-04-10 Boeing: Amendment 39-14942. Docket No. FAA-2006-25470; 
Directorate Identifier 2006-NM-090-AD.

Effective Date

    (a) This AD becomes effective March 23, 2007.

Affected ADs

    (b) This AD supersedes AD 96-24-03.

Applicability

    (c) This AD applies to Boeing Model 747-400 series airplanes, 
certificated in any category, as identified in Boeing Alert Service 
Bulletin 747-25A3353, dated December 9, 2004.

Unsafe Condition

    (d) This AD results from reports of decompression panels on the 
smoke barrier opening in flight and on the ground without a 
decompression event. We are issuing this AD to prevent inadvertent 
opening or tearing of decompression panels, which could result in 
degraded cargo fire detection and suppression capability, smoke 
penetration into an occupied compartment, and an uncontrolled cargo 
fire, if a fire occurs in the main deck 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.

[[Page 7566]]

New Requirements of This AD

Modification or Replacement, as Applicable

    (f) Within 48 months after the effective date of this AD: Modify 
the decompression panels on the smoke barrier or replace the smoke 
barrier with an improved smoke barrier, by accomplishing all of the 
actions specified in Work Package 1 of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 747-25A3353, dated 
December 9, 2004, as applicable.

Repetitive Inspection

    (g) Within 20 months or 6,000 flight hours after accomplishing 
the actions in paragraph (f) of this AD, whichever occurs first: Do 
a general visual inspection of the decompression (vent) panels on 
the smoke barrier for any changes from their installed condition, 
and do all corrective actions before further flight after the 
inspection, by accomplishing all of the actions specified in Work 
Package 2 of the Accomplishment Instructions of Boeing Alert Service 
Bulletin 747-25A3353, dated December 9, 2004, as applicable. Repeat 
the inspection thereafter at intervals not to exceed 20 months or 
6,000 flight hours, whichever occurs first.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

Alternative Methods of Compliance (AMOCs)

    (h)(1) 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.
    (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

    (i) You must use Boeing Alert Service Bulletin 747-25A3353, 
dated December 9, 2004, 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 this 
document 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 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 the NARA, call (202) 741-6030, or 
go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 6, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-2511 Filed 2-15-07; 8:45 am]
BILLING CODE 4910-13-P