[Federal Register Volume 73, Number 219 (Wednesday, November 12, 2008)]
[Rules and Regulations]
[Pages 66740-66743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25636]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28160; Directorate Identifier 2007-NM-006-AD; 
Amendment 39-15703; AD 2008-22-08]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Boeing Model 757-200 and 757-300 series airplanes. This AD requires 
installing a bonding jumper between a ground and the clamp on the tube 
of the forward and aft gray water composite drain masts. For certain 
airplanes, this AD requires inspecting existing aft bonding jumper 
assemblies that might be too short, repair if necessary, and replacing 
the bonding jumper assembly with a new, longer bonding jumper assembly 
if necessary. This AD results from a report of charred insulation 
blankets and burned wires around the forward gray water composite drain 
mast found during an inspection of the forward cargo compartment on a 
Model 767-300F airplane. We are issuing this AD to prevent a fire near 
a composite drain mast and possible disruption of the electrical power 
system due to a lightning strike on a composite drain mast, which could 
result in the loss of

[[Page 66741]]

several functions essential for safe flight.

DATES: This AD is effective December 17, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 17, 
2008.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207; telephone 206-544-9990; fax 206-766-5682; e-mail [email protected]; 
Internet https://www.myboeingfleet.com.

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: Nicholas Wilson, 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) 917-6476; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a supplemental notice of proposed rulemaking (NPRM) to 
amend 14 CFR part 39 to include an airworthiness directive (AD) that 
would apply to certain Boeing Model 757-200 and 757-300 series 
airplanes. That supplemental NPRM was published in the Federal Register 
on April 8, 2008 (73 FR 19015). That supplemental NPRM proposed to 
require installing a bonding jumper between a ground and the clamp on 
the tube of the forward and aft gray water composite drain masts. For 
certain airplanes, that supplemental NPRM also proposed to require 
inspecting existing aft bonding jumper assemblies that might be too 
short, repair if necessary, and replacing the bonding jumper assembly 
with a new, longer bonding jumper assembly if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Support for the AD

    Boeing concurs with the contents of the supplemental NPRM. 
Continental Airlines has no objection to the supplemental NPRM. 
Northwest Airlines (NWA) is in general concurrence with the 
modification requirements and concurs with the 60-month compliance 
time. The Air Transport Association (ATA), on behalf of member 
airlines, states that its members agree with the intent of the NPRM.

Request To Have Service Information Revised

    American Airlines (AAL) requests that Boeing Special Attention 
Service Bulletin 757-30-0024, Revision 1, dated October 25, 2007, be 
revised to change the pilot hole dimensions in Figure 2, Sheet 2. (We 
referred to Boeing Special Attention Service Bulletin 757-30-0024, 
Revision 1, dated October 25, 2007, as the appropriate source of 
service information for the proposed actions in the NPRM.) AAL points 
out that the new bracket is provided without pilot holes, but the 
service bulletin specifies the hole location: ``Tolerance on linear 
dimensions, other than rivet and bolt edge margins, is plus or minus 
0.03 inch.'' AAL is concerned that it may be an unreasonable 
expectation, within the on-aircraft environment in which the work is 
being performed, to locate the holes in the bracket to within 0.03 inch 
of the specified location. Therefore, AAL recommends that the service 
bulletin be revised to change the hole location dimensions to be ``0.43 
minimum.'' As a supporting argument for this change, AAL points out 
that the new grounding bracket is installed in a different location to 
meet the same intent for the forward drain mast and does not include 
dimensional location information, which AAL believes implies that the 
hole location in the bracket is not critical to meeting the intent of 
the service bulletin.
    While we do agree that the on-airplane environment can sometimes be 
a difficult place to work, we disagree that the service bulletin should 
be revised as requested by AAL. Boeing has pointed out that the edge 
margin requirement for the fasteners on the bonding bracket is not as 
critical as the placement of the fastener through stringer S-25 right. 
This fastener location must be drilled to within 0.35 inch, plus or 
minus 0.03 inch, from the top edge of the stringer on the airplane. If 
it is possible to maintain this drawing requirement for on-airplane 
installation, it should also be possible to maintain the edge margin 
requirements for the bonding bracket. We have confirmed that Boeing has 
no plans to revise the service bulletin to change the pilot hole 
dimensions in Figure 2, Sheet 2. We have not changed the AD in this 
regard.

Request To Revise the Costs of Compliance

    The ATA, on behalf of NWA, requests that we revise the proposed 
Costs of Compliance provided in the supplemental NPRM. NWA states that 
Boeing Special Attention Service Bulletin 757-30-0024, Revision 1, 
dated October 25, 2007, estimates 5.35 work-hours to do the proposed 
modification. NWA considers this estimate to be low because of the 
limited access to the area to be modified. Further, NWA notes that the 
cost estimate provided in the supplemental NPRM reduced the work-hour 
estimate to only 2 work-hours. Therefore, NWA believes that we have 
underestimated the costs of compliance imposed on operators.
    We do not agree to revise the proposed work-hour estimate. The 
work-hour estimate of 5.35 pointed out by NWA includes time necessary 
for access and close. The cost information below describes only the 
direct costs of the specific actions required by this AD. Based on the 
best data available, the manufacturer provided the number of work-hours 
(2) necessary to do the required actions. This number represents the 
time necessary to perform only the actions actually required by this 
AD.
    We recognize that, in doing the actions required by an AD, 
operators might incur incidental costs in addition to the direct costs. 
The cost analysis in AD rulemaking actions, however, typically does not 
include incidental costs such as the time required to gain access and 
close up, time necessary for planning, or time necessitated by other 
administrative actions. Those incidental costs, which might vary 
significantly among operators, are almost impossible to calculate. We 
have not changed the AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed.

[[Page 66742]]

Costs of Compliance

    There are about 83 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this AD.

                                                                     Estimated Costs
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                                                             Average labor                                  Number of U.S.-
                  Action                      Work hours     rate per hour     Parts ($)       Cost per       registered    Fleet cost ($)
                                                                  ($)                        airplane ($)      airplanes
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Bonding jumper installation...............               2              80          \1\392             944              70          66,080
Inspection of existing bonding jumper                    1              80             392             472        Up to 70    Up to 33,040
 installation in bulk cargo compartment...
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\1\ Per kit (1 kit per drain mast).

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

    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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 FAA amends Sec.  39.13 by adding the following new AD:

    2008-22-08 Boeing: Amendment 39-15703. Docket No. FAA-2007-
28160; Directorate Identifier 2007-NM-006-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective December 17, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 757-200 and 757-300 series 
airplanes, certificated in any category; as identified in Boeing 
Special Attention Service Bulletin 757-30-0024, Revision 1, dated 
October 25, 2007.

Unsafe Condition

    (d) This AD results from a report of charred insulation blankets 
and burned wires around the forward gray water composite drain mast 
found during an inspection of the forward cargo compartment on a 
Model 767-300F airplane. We are issuing this AD to prevent a fire 
near a composite drain mast and possible disruption of the 
electrical power system due to a lightning strike on a composite 
drain mast, which could result in the loss of several functions 
essential for safe flight.

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.

Bonding Jumper Installation

    (f) Except as provided by paragraph (g) of this AD: Within 60 
months after the effective date of this AD, install a bonding jumper 
between a ground and the clamp on the tube of the forward and aft 
gray water composite drain mast, in accordance with Parts 1 and 2 of 
the Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 757-30-0024, Revision 1, dated October 25, 2007.

Existing Bonding Jumper Inspection

    (g) For airplanes on which the bonding jumper was installed on 
the aft drain mast in accordance with Boeing Special Attention 
Service Bulletin 757-30-0024, dated July 24, 2006: Within 60 months 
after the effective date of this AD, do a general visual inspection 
of the aft bonding jumper assembly for signs of riding (chafing), in 
accordance with Part 3 of the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 757-30-0024, Revision 1, dated 
October 25, 2007 (``the service bulletin''). If no riding damage is 
found, no further action is required by this AD for the aft drain 
mast. If riding damage is found, before further flight do the 
actions specified in paragraphs (g)(1) and (g)(2) of this AD. Doing 
the actions specified in this paragraph terminates the requirement 
to install the bonding jumper on the aft drain mast specified in 
paragraph (f) of this AD.
    (1) Repair any riding damage found in accordance with the 
service bulletin.
    (2) Remove the existing bonding jumper assembly and install a 
new, longer bonding jumper assembly in accordance with Part 3 of the 
Accomplishment Instructions of the service bulletin. As an option to 
the longer bonding jumper assembly, operators may remove the 
bracket, fill the holes in the stringer, and restore the finish in 
accordance with Part 3 of the Accomplishment Instructions of the 
service bulletin; and install the ground bracket and jumper assembly 
in accordance with Part 2 of the Accomplishment Instructions of the 
service bulletin.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, ATTN: Nicholas Wilson, Aerospace Engineer, Cabin

[[Page 66743]]

Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone (425) 917-6476; fax (425) 917-6590; 
has the authority to approve AMOCs for this AD, if requested using 
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

    (i) You must use Boeing Special Attention Service Bulletin 757-
30-0024, Revision 1, dated October 25, 2007, to do the actions 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 
98124-2207; telephone 206-544-9990; fax 206-766-5682; e-mail 
[email protected]; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information 
incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on October 10, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-25636 Filed 11-10-08; 8:45 am]
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