[Federal Register Volume 72, Number 163 (Thursday, August 23, 2007)]
[Proposed Rules]
[Pages 48246-48248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16659]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26110; Directorate Identifier 2006-NM-112-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747-400, 747-400D, and 
747-400F Series 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 747-400, 747-400D, and 747-400F 
series airplanes. The original NPRM would have required replacement of 
an electronic flight instrument system/engine indicating and crew 
alerting system (EFIS/EICAS) interface unit (EIU) located on the E2-6 
shelf of the main equipment center with a new or modified EIU. The 
original NPRM resulted from two instances where all six integrated 
display units (IDUs) on the flight deck panels went blank in flight. 
This action revises the original NPRM by reducing the compliance time 
for replacing the EIU. We are proposing this supplemental NPRM to 
prevent loss of the IDUs due to failure of all three EIUs, which could 
result in the inability of the flightcrew to maintain safe flight and 
landing of the airplane.

DATES: We must receive comments on this supplemental NPRM by September 
17, 2007.

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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room W12-140 on the ground floor of the 
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

[[Page 48247]]

    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this 
proposed AD.

FOR FURTHER INFORMATION CONTACT: Jay Yi, Aerospace Engineer, Systems 
and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6494; 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 in the ADDRESSES section. Include the docket number 
``Docket No. FAA-2006-26110; Directorate Identifier 2006-NM-112-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 that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Operations office between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
Docket Operations office (telephone (800) 647-5527) is located on the 
ground level of the West Building at the DOT street address stated in 
the ADDRESSES section. Comments will be available in the AD docket 
shortly after the Docket Management System 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 747-400, 747-400D, and 747-400F series airplanes. The original 
NPRM was published in the Federal Register on October 26, 2006 (71 FR 
62568). The original NPRM proposed to require replacement of an 
electronic flight instrument system/engine indicating and crew alerting 
system (EFIS/EICAS) interface unit (EIU) located on the E2-6 shelf of 
the main equipment center with a new or modified EIU.

Comments

    We have considered the following comments on the original NPRM.

Support for the Original NPRM

    Boeing and the National Transportation Safety Board (NTSB) support 
the original NPRM.

Request To Reduce Compliance Time

    The NTSB requests that we revise the original NPRM to reduce the 
compliance time from 60 months to 24 months. The NTSB asserts that 
replacing the EIUs does not require an airplane to be out of service 
for a long period of time, and that the replacement is more limited by 
the availability of modified units. The NTSB suggests that a 24-month 
compliance time would allow operators enough time to replace the units 
as soon as they become available without eliminating an operator's 
operational flexibility.
    We agree to reduce the compliance time to 24 months for replacing 
an EIU with a modified EIU. At the time we issued the original NPRM, 
there was an insufficient number of modification kits available to 
require a compliance time of less than 60 months. However, since 
issuance of the NPRM the manufacturer has confirmed that enough kits 
will be available to replace at least one EIU on the affected airplanes 
within the shorter compliance time. In light of this new information, 
we have determined that a 24-month compliance time will ensure an 
acceptable level of safety and allow the replacement to be done during 
scheduled maintenance intervals for most affected operators. We have 
revised paragraph (f) of this supplemental NPRM accordingly.

Request To Require Replacement of All Three EIUs

    The NTSB requests that we revise the original NPRM to require 
replacement of all three EIUs. As justification, the NTSB states that 
if only one EIU is replaced and that modified unit suffers an unrelated 
fault removing it from operation, the airplane would still be exposed 
to the potential for the integrated display units (IDUs) to go blank 
without the EIU auto restart capability. The NTSB further states that 
it would like to ensure that the minimum equipment list (MEL) and 
dispatch requirements are reviewed to minimize this potential.
    Although we understand the NTSB's concern, we do not agree to 
revise this supplemental NPRM. We have considered the probability of 
the modified EIU failing and have concluded that such a failure is 
remote enough that an acceptable level of safety is maintained by 
replacement of only one EIU. Further, according to sections 
121.628(b)(2) and 91.213(b)(2) of the Federal Aviation Regulations (14 
CFR 121.628(b)(2) and 91.213(b)(2)), instruments and equipment required 
by an AD to be in operable condition may not be included in the MEL 
unless the AD provides otherwise. This means that an operator cannot 
dispatch an airplane if the modified unit fails. To dispatch the 
airplane, the operator must replace the failed unit with an operable 
unit equipped with the auto restart circuitry. Further, since we have 
reduced the compliance time, the parts manufacturer will only be able 
to produce enough modification kits in time to allow all operators to 
replace one EIU. For fleet management reasons, operators are likely to 
eventually replace all three EIUs with modified parts, as parts become 
available. The unsafe condition has been further mitigated by the 
issuance of the Boeing 747-400 Flight Crew Operations Manual Bulletin 
TB1-20, ``Flight Deck Display Unit Blanking Anomaly,'' dated February 
25, 2003, to the Boeing 747 Flight Crew Operations Manual. That 
document advises flightcrews of the problem and provides instructions 
for restarting the EIUs should there be a display blanking problem 
during operation. We have not revised this supplemental NPRM in this 
regard.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    The change discussed above expands 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 639 airplanes of the affected design in the 
worldwide fleet. This supplemental NPRM would affect about 79 airplanes 
of U.S. registry. The proposed actions would take about 1 work hour per 
airplane, at an average labor rate of $80 per work hour.

[[Page 48248]]

Required parts would cost about $2,840 per airplane (for one EIU). 
Based on these figures, the estimated cost of this supplemental NPRM 
for U.S. operators is $230,680, or $2,920 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 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Boeing: Docket No. FAA-2006-26110; Directorate Identifier 2006-NM-
112-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by September 
17, 2007.

Affected ADs

    (b) Accomplishing paragraph (f) of this AD for all three 
electronic flight instrument system/engine indicating and crew 
alerting system (EFIS/EICAS) interface units (EIUs) terminates 
certain requirements of AD 2004-10-05, amendment 39-13635.

Applicability

    (c) This AD applies to Boeing Model 747-400, 747-400D, and 747-
400F series airplanes, certificated in any category; as identified 
in Boeing Service Bulletin 747-31-2368, Revision 1, dated July 24, 
2006.

Unsafe Condition

    (d) This AD results from two instances where all six integrated 
display units (IDUs) on the flight deck panels went blank in flight. 
We are issuing this AD to prevent loss of the IDUs due to failure of 
all three EIUs, which could result in the inability of the 
flightcrew to maintain safe flight and landing 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.

Replacement

    (f) Within 24 months after the effective date of this AD, 
replace at least one of the three EIUs, part number (P/N) 622-8589-
104, located on the E2-6 shelf of the main equipment center with a 
new or modified EIU, P/N 622-8589-105, in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 747-31-2368, 
Revision 1, dated July 24, 2006.

    Note 1: Boeing Service Bulletin 747-31-2368, Revision 1, dated 
July 24, 2006, refers to Rockwell Collins Service Bulletin EIU-7000-
31-502, dated March 21, 2006, as an additional source of service 
information for modifying an EIU by adding auto restart circuitry, 
which converts EIU P/N 622-8589-104 to P/N 622-8589-105.

Credit for Actions Done According to Previous Service Bulletin

    (g) Actions done before the effective date of this AD in 
accordance with Boeing Service Bulletin 747-31-2368, dated November 
22, 2005 (Revision 1 of the service bulletin specifies that the 
original issue is dated December 1, 2005), are acceptable for 
compliance with the corresponding requirements of paragraph (f) of 
this AD.

Credit for AD 2004-10-05

    (h) Replacing all three EIUs with new or modified EIUs in 
accordance with paragraph (f) of this AD is acceptable for 
compliance with only the EIU replacement of paragraph (d)(1) of AD 
2004-10-05. All other actions required by paragraph (d)(1) of AD 
2004-10-05 must be complied with.

Alternative Methods of Compliance (AMOCs)

    (i)(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) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

    Issued in Renton, Washington, on August 16, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-16659 Filed 8-22-07; 8:45 am]
BILLING CODE 4910-13-P