[Federal Register Volume 72, Number 220 (Thursday, November 15, 2007)]
[Rules and Regulations]
[Pages 64130-64132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21991]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28380; Directorate Identifier 2007-NM-088-AD; 
Amendment 39-15254; AD 2007-23-08]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747-400, 747-400D, and 
747-400F Series Airplanes; Model 757-200 Series Airplanes; and Model 
767-200, 767-300, and 767-300F 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 747-400, 747-400D, 747-400F, 757-200, 767-200, 
767-300, and 767-300F series airplanes. This AD requires inspecting to 
determine the date code of the time delay relay for the cargo fire 
suppression system, and

[[Page 64131]]

replacing the relay if necessary. This AD results from a report 
indicating that failure of a time delay relay on an ELMS (electrical 
load management system) panel led to testing of other time delay relays 
at Boeing and at the supplier. Similar relays are used in the cargo 
fire suppression system. The time delay relay controls when the 
secondary fire bottles discharge. We are issuing this AD to ensure 
there is sufficient fire suppressant to control a cargo fire if the 
airplane is more than the relay delay time from a suitable airport, 
which could result in an uncontrollable fire in the cargo compartment.

DATES: This AD becomes effective December 20, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of December 20, 
2007.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Binh V. Tran, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone (425) 917-6485; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

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 
747-400, 747-400D, 747-400F, 757-200, 767-200, 767-300, and 767-300F 
series airplanes. That NPRM was published in the Federal Register on 
July 3, 2007 (72 FR 36378). That NPRM proposed to require inspecting to 
determine the date code of the time delay relay for the cargo fire 
suppression system, and replacing the relay 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 Revise Applicability

    ABX Air states that it removed the affected relay from its Boeing 
Model 767-200 airplanes in accordance with Boeing Service Bulletin 767-
26-0016, and therefore cannot perform the proposed requirements. ABX 
requests that we state in the AD that the proposed requirements apply 
only to airplanes with the time delay relay installed.
    We agree that the AD does not apply to airplanes that do not have 
the time delay relay installed. However, we disagree with the request 
to change the AD to specify that it does not apply to airplanes with 
the relay removed. Paragraph (g) of the AD requires an inspection of 
specific relays and notes the part numbers. If that part number is not 
installed on the airplane, the airplane is not subject to the 
replacement requirements of paragraph (h) of the AD. We have not 
changed the AD in this regard.

Request To Revise Summary

    Boeing requests that we revise the Summary section of the NPRM to 
clarify which bottles are discharged by the time delay relay. 
Specifically Boeing requests that we add the word ``secondary'' as 
shown in the following sentence: ``The time delay relay controls when 
the secondary fire bottles discharge.''
    We agree that the addition of the word ``secondary'' clarifies the 
sentence. We have changed the Summary section of the AD as requested. 
We have also added the sentence to paragraph (d) of the AD for clarity.

Request To Clarify Discussion Section

    Boeing requests that we clarify the second paragraph of the 
Discussion section of the NPRM because that paragraph states that the 
listed airplanes have two halon bottles. Boeing states that some of the 
systems have more than two halon bottles.
    We agree that Boeing's clarification improves the paragraph. 
However, since that section of the preamble does not reappear in the 
final rule, no change to the final rule is necessary.

Explanation of Editorial Changes

    As requested by Boeing, we have added an ``in'' before the words 
``Table 1'' in paragraph (c) of this AD, and we have added the word 
``an'' before the words ``uncontrollable fire'' in paragraph (d) of 
this AD.

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 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 1,871 airplanes of the affected design in the 
worldwide fleet. This AD affects about 702 airplanes of U.S. registry. 
The inspection takes about 1 work hour 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 $56,160, or $80 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 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.

[[Page 64132]]

    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):

2007-23-08 Boeing: Amendment 39-15254. Docket No. FAA-2007-28380; 
Directorate Identifier 2007-NM-088-AD.

Effective Date

    (a) This AD becomes effective December 20, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Boeing airplane models, certificated 
in any category, identified in the service bulletins specified in 
Table 1 of this AD.

                   Table 1.--Applicability of This AD
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                                         As identified in Boeing Special
             Boeing model--                Attention Service Bulletin--
------------------------------------------------------------------------
747-400, 747-400D, and 747-400F series   747-26-2281, dated July 24,
 airplanes.                               2006.
757-200 series airplanes...............  757-26-0051, dated July 28,
                                          2006.
767-200, -300, and -300F series          767-26-0131, dated July 24,
 airplanes.                               2006.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from a report indicating that failure of a 
time delay relay on a Boeing Model 777 ELMS (electrical load 
management system) panel led to testing of other time delay relays 
at Boeing and at the supplier. Similar relays are used in the cargo 
fire suppression system. The time delay relay controls when the 
secondary fire bottles discharge. We are issuing this AD to ensure 
there is sufficient fire suppressant to control a cargo fire if the 
airplane is more than the relay delay time from a suitable airport, 
which could result in an uncontrollable 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.

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 747-400, 747-400D, and 747-400F series airplanes: 
Boeing Special Attention Service Bulletin 747-26-2281, dated July 
24, 2006;
    (2) For Model 757-200 series airplanes: Boeing Special Attention 
Service Bulletin 757-26-0051, dated July 28, 2006; and
    (3) For Model 767-200, -300, and -300F series airplanes: Boeing 
Special Attention Service Bulletin 767-26-0131, dated July 24, 2006.

Inspection

    (g) Within 24 months after the effective date of this AD: Do a 
general visual inspection of the part number (P/N) TDH6103-1204, -
1804, and -6003 time delay relay, as applicable, in the main 
equipment center to determine if the relay was manufactured during a 
certain date range, in accordance with the applicable service 
bulletin.

Replacement

    (h) Within 30 days after finding a relay manufactured during the 
date range specified in the service bulletin, as required by 
paragraph (g) of this AD: Replace the relay with a relay that was 
not manufactured during the specified date range, or with a relay 
that has been tested by the supplier and found to be unaffected by 
thermal expansion, in accordance with the applicable service 
bulletin.

Parts Installation

    (i) As of the effective date of this AD, no person may install a 
time delay relay, P/N TDH6103-1204, -1804, or -6003, on any airplane 
if the relay has a date code between 0000 and 0343 and does not have 
an additional date code with the letter ``T.''

Alternative Methods of Compliance (AMOCs)

    (j)(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.

Material Incorporated by Reference

    (k) You must use the service bulletins listed in Table 2 of this 
AD, 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 
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 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

              Table 2.--Material Incorporated by Reference
------------------------------------------------------------------------
    Boeing Special Attention Service
                Bulletin                               Date
------------------------------------------------------------------------
747-26-2281............................  July 24, 2006.
757-26-0051............................  July 28, 2006.
767-26-0131............................  July 24, 2006.
------------------------------------------------------------------------


    Issued in Renton, Washington, on November 2, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-21991 Filed 11-14-07; 8:45 am]
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