[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Rules and Regulations]
[Pages 75314-75316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29079]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0175; Directorate Identifier 2007-NM-184-AD; 
Amendment 39-15766; AD 2008-25-08]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757 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 airplanes. This AD requires changing the wiring of the 
fuel boost pump and doing other specified actions. This AD results from 
reports of short circuits in an electrical connector at the wing-to-
body electrical disconnect panel. We are issuing this AD to prevent a 
short circuit of the electrical connector for the fuel boost pump, 
which could cause the instruments for fuel, flap, slat, and aileron 
systems to malfunction and create a potential ignition source inside 
the fuel tanks. A potential ignition source inside the fuel tank in 
combination with flammable fuel vapors could result in a fuel tank 
explosion and consequent loss of the airplane.

DATES: This AD is effective January 15, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 15, 
2009.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax 206-766-5680; 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: 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: 

Discussion

    We issued a 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 airplanes. That NPRM was published in the 
Federal Register on November 9, 2007 (72 FR 63512). That NPRM proposed 
to require changing the wiring of the fuel boost pump and doing other 
specified actions.

Comments

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

Request To Incorporate Revised Service Information

    Boeing asks that we refer to Boeing Special Attention Service 
Bulletins 757-28-0095 and 757-28-0096, both Revision 1, both dated June 
4, 2008, in the final rule. Boeing Special Attention Service Bulletins 
757-28-0095 and 757-28-0096, both dated June 18, 2007, were referred to 
in the NPRM as the appropriate sources of service information for 
accomplishing the actions specified.
    We have reviewed Revision 1 of these referenced service bulletins 
and we agree with the commenter since no additional work is necessary 
on airplanes changed in accordance with the original issue of the 
referenced service information. Revision 1 of these service bulletins 
clarifies certain procedures and certain routing and splice locations. 
We have added Revision 1 of these service bulletins to the 
applicability specified in paragraphs (c)(1) and (c)(2) of this AD, and 
to paragraph (f) of this AD, as the appropriate sources of service

[[Page 75315]]

information for accomplishing the actions specified. In addition, we 
have added credit to paragraph (f) for previously accomplishing the 
actions using the original issue of the service bulletins.

Request To Change Airplane Manufacturer's Name

    Boeing asks that the airplane manufacturer's name specified in the 
product identification section of the regulatory text of the NPRM be 
changed from ``Airbus'' to ``Boeing.''
    We agree that the airplane manufacturer's name should be changed, 
as this was an inadvertent error in the NPRM; we have changed the name 
in that paragraph of the AD accordingly.

Request To Allow Alternate Routing of Wiring

    Continental Airlines (CAL) refers to Figure 2 of Boeing Special 
Attention Service Bulletin 757-28-0095, dated June 18, 2007, and states 
that it would be easier and more appropriate when doing the wire 
modification to utilize one of the open holes in the panel instead of 
splicing the wires for this location. CAL adds that the splice 
locations for the left-hand aft and right-hand aft boost pumps, as 
shown in Boeing Special Attention Service Bulletins 757-28-0095 and 
757-28-0096, both dated June 18, 2007, are incorrect and the splices 
cannot be accomplished in those areas. CAL recommends that these 
service bulletins be revised with the proper alternative rework 
instructions for the subject discrepancies.
    We have reviewed the referenced service information and we do not 
agree that the splices cannot be accomplished in the locations referred 
to in the comment. In addition, we have determined that clarification 
of certain routing and splice locations is helpful, and that 
clarification is provided in Revision 1 of the referenced service 
bulletins, as noted previously. We infer that CAL is also asking us to 
allow alternative routing of the wiring to that specified in the 
referenced service bulletins. Under the provisions of paragraph (g) of 
this AD, we will consider requests for approval of an AMOC if 
sufficient data are submitted to substantiate that the alternative 
routing of the wiring would provide an acceptable level of safety. We 
have made no change to 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 with the changes described previously. We also determined that 
these changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    There are 1,697 airplanes of the affected design in the worldwide 
fleet. This AD affects about 673 airplanes of U.S. registry. The 
required actions take up to 12 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 up to $646,080, or up to $960 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

    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:

2008-25-08 Boeing: Amendment 39-15766. Docket No. FAA-2007-0175; 
Directorate Identifier 2007-NM-184-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective January 15, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category.
    (1) Boeing Model 757-200, -200PF, and -200CB series airplanes, 
as identified in Boeing Special Attention Service Bulletin 757-28-
0095, Revision 1, dated June 4, 2008.
    (2) Boeing Model 757-300 series airplanes, as identified in 
Boeing Special Attention Service Bulletin 757-28-0096, Revision 1, 
dated June 4, 2008.

Unsafe Condition

    (d) This AD results from reports of short circuits in an 
electrical connector at the wing-to-body electrical disconnect 
panel. We are issuing this AD to prevent a short circuit of the 
electrical connector for the fuel boost pump, which could cause the 
instruments for the fuel, flap, slat, and aileron systems to 
malfunction and create a potential ignition source inside the fuel 
tank. A potential ignition source inside the fuel tank in 
combination with flammable fuel vapors could result in a fuel tank 
explosion and consequent loss 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.

Fuel Boost Pump Wiring Change

    (f) Within 60 months after the effective date of this AD, change 
the wiring of the fuel boost pump and do all other specified actions 
as applicable, by accomplishing all of the applicable actions 
specified in the Accomplishment Instructions of Boeing Special 
Attention Service Bulletin 757-28-

[[Page 75316]]

0095 (for Model 757-200, -200PF, and -200CB series airplanes) or 
757-28-0096 (for Model 757-300 series airplanes), both Revision 1, 
both dated June 4, 2008; as applicable. The other specified actions 
must be done before further flight after changing the fuel boost 
pump wiring. Actions accomplished before the effective date of this 
AD in accordance with Boeing Special Attention Service Bulletin 757-
28-0095 or 757-28-0096, both dated June 18, 2007, are considered 
acceptable for compliance with the corresponding actions in this 
paragraph.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, ATTN: 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; 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

    (h) You must use Boeing Special Attention Service Bulletin 757-
28-0095, Revision 1, dated June 4, 2008; or Boeing Special Attention 
Service Bulletin 757-28-0096, Revision 1, dated June 4, 2008; as 
applicable; 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, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 
206-544-5000, extension 1, fax 206-766-5680; e-mail 
[email protected]; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information that is 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information 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 November 28, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-29079 Filed 12-10-08; 8:45 am]
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