[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Rules and Regulations]
[Pages 12236-12238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5962]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0846; Directorate Identifier 2008-NM-045-AD; 
Amendment 39-15857; AD 2009-06-20]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757-200, 757-200PF, 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, 757-200PF, and 757-300 series airplanes. This AD 
requires, for certain airplanes, measuring the electrical bond 
resistance at certain stations and doing any applicable repair; 
installing support brackets for the hot short protector and new support 
clamps for the wire bundles; installing the equipment of the hot short 
protector; and modifying an existing wire bundle and installing a new 
wire bundle. This AD also requires, for certain other airplanes, 
measuring the electrical bond resistance at certain stations, measuring 
the electrical bonding resistance between the hot short protector and 
rear spar web, and doing any applicable repair. This AD also requires 
revising the Airworthiness Limitations section of the Instructions for 
Continued Airworthiness. This AD results from fuel system reviews 
conducted by the manufacturer. We are issuing this AD to prevent the 
center fuel tank densitometer from overheating and becoming a potential 
ignition source inside the fuel tank, which, in combination with 
flammable fuel vapors, could result in a center fuel tank explosion and 
consequent loss of the airplane.

DATES: This AD is effective April 28, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 28, 
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: Jen Pei, Aerospace Engineer, Systems 
and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 
(425) 917-6409; 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 757-200, 757-200PF, and 757-300 series airplanes. 
That NPRM was published in the Federal Register on August 7, 2008 (73 
FR 45895). That NPRM proposed to require, for certain airplanes, 
measuring the electrical bond resistance at certain stations and doing 
any applicable repair; installing support brackets for the hot short 
protector and new support clamps for the wire bundles; installing the 
equipment of the hot short protector; and modifying an existing wire 
bundle and installing a new wire bundle. That NPRM also proposed to 
require, for certain other airplanes, measuring the electrical bond 
resistance at certain stations, measuring the electrical bonding 
resistance between the hot short protector and rear spar web, and doing 
any applicable repair. That NPRM also proposed to require revising the 
Airworthiness Limitations section of the Instructions for Continued 
Airworthiness.

Comments

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

Support for the NPRM

    Boeing concurs with the NPRM.

Request to Exempt Cargo-Only Airplanes

    Air Transport Association, on behalf of one of its members, UPS, 
proposes that cargo-only airplanes be exempt from installing the hot 
short protector specified in the NPRM, based on the same reasons used 
to exclude cargo-only airplanes in Federal Aviation Regulations change, 
``Reduction of Fuel Tank Flammability in Transport Category 
Airplanes,'' Docket FAA-2005-22997 (Final Rule issued July 9, 2008, 
amendment numbers 25-125, 26-2, 121-340, 125-55, and 129-46):
     Cargo operations are predominately at night when outside 
temperatures are lower.
     Cargo operators turn off packs prior to takeoff.
     Cargo operators have fewer daily flights (2) compared to 
passenger operators (4-6).
     The cost/benefit does not justify retrofit on current 
cargo aircraft.
    UPS recommends that all cargo-only airplanes currently in operation 
be exempt from the retrofit/installation portion of the NPRM and 
service bulletin. UPS is of the opinion that changing the Instructions 
for Continuing Airworthiness and maintenance programs to perform 
bonding checks will be sufficient in addressing the potential short 
issue in existing cargo-only airplanes. UPS does not object to new 
cargo-only airplanes having the hot short protector installed.
    We do not agree with the request to exempt cargo-only airplanes 
from the requirements of this AD. Although the fuel tank flammability 
reduction rule (mentioned previously) provides important safety 
improvements, it was not intended to address any specific identified 
unsafe conditions. Instead, that rule provides an additional layer of 
protection when unidentified and uncorrected fuel tank ignition sources 
develop. This AD, however, addresses an identified ignition source in 
the fuel tank system. While the factors mentioned by the operator may 
reduce the probability that this ignition source will actually cause a 
fuel tank explosion, they do not justify allowing this known ignition 
source to continue to exist when practical means exist to eliminate it. 
We have not changed the AD in this regard.

Actions Since NPRM Was Issued

    We have reviewed Airworthiness Limitation (AWL) No. 28-AWL-22 of 
Subsection G of Section 9, D622N001-

[[Page 12237]]

9 Revision December 2008 of the Boeing 757 Maintenance Planning Data 
(MPD) Document (``Revision December 2008 of the MPD''). In the NPRM we 
referred to AWL No. 28-AWL-22 of Revision November 2007 of the MPD. AWL 
No. 28-AWL-22 has not changed. We have revised paragraph (h) of this AD 
to refer to AWL No. 28-AWL-22 of Revision December 2008 of the MPD; 
added paragraph (k) to the AD giving credit for AWL No. 28-AWL-22 done 
in accordance with Revisions January 2007, November 2007, and March 
2008 of the MPD; and re-identified the subsequent paragraphs 
accordingly.

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

    We estimate that this AD affects 433 airplanes of U.S. registry. 
The following table provides the estimated costs for U.S. operators to 
comply with this AD.

                                                                     Estimated Costs
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                                                                                                                   Number of U.S.-
               Action                  Work hours     Average labor        Parts \1\         Cost per product \1\    registered        Fleet cost \1\
                                                      rate per hour                                                   airplanes
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Groups 1-3; measurement,                          8             $80  Between $14,110 and    Between $14,750 and               432  Between $6,372,000
 installations, and modification.                                     $14,215.               $14,855.                               and $6,417,360.
Group 4; measurements..............               2             $80  None.................  $160.................               1  $160.
AWL Revision.......................               1             $80  None.................  $80..................             433  $34,640.
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\1\ Depending on airplane configuration.

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:

2009-06-20 Boeing: Amendment 39-15857. Docket No. FAA-2008-0846; 
Directorate Identifier 2008-NM-045-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective April 28, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 757-200, 757-200PF, and 757-
300 series airplanes, certificated in any category; as identified in 
Boeing Alert Service Bulletin 757-28A0085, Revision 2, dated 
December 11, 2007.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance (AMOC) 
according to paragraph (m) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent the center fuel tank 
densitometer from overheating and becoming a potential ignition 
source inside the fuel tank, which, in combination with flammable 
fuel vapors, could result in a center fuel tank explosion and 
consequent loss of the airplane.

Compliance

    (e) Comply with this AD within the compliance times specified, 
unless already done.

Measurement, Installation, Modifications, Replacement, and Repair

    (f) For Groups 1 through 3 airplanes, as identified in Boeing 
Alert Service Bulletin 757-28A0085, Revision 2, dated December 11, 
2007 (``the service bulletin''): Within 60 months after the 
effective date of this AD, do the measurement, installations, 
modifications, replacement, and applicable repair by accomplishing 
all the applicable actions specified in the Accomplishment 
Instructions of the service bulletin. Do the applicable repair 
before further flight.

[[Page 12238]]

Measure and Repair

    (g) For Group 4 airplanes, as identified in Boeing Alert Service 
Bulletin 757-28A0085, Revision 2, dated December 11, 2007 (``the 
service bulletin''): Within 60 months after the effective date of 
this AD, do the measurements and applicable repair by accomplishing 
all the applicable actions specified in the Accomplishment 
Instructions of the service bulletin. Do the applicable repair 
before further flight.

Airworthiness Limitations (AWLs) Revision for AWL No. 28-AWL-22

    (h) Concurrently with accomplishing the actions required by 
paragraphs (f) and (g) of this AD, revise the AWLs section of the 
Instructions for Continued Airworthiness (ICA) by incorporating AWL 
No. 28-AWL-22 of Subsection G of Section 9, D622N001-9 Revision 
December 2008 of the Boeing 757 Maintenance Planning Data (MPD) 
Document.

No Alternative Critical Design Configuration Control Limitations 
(CDCCLs)

    (i) After accomplishing the action specified in paragraph (h) of 
this AD, no alternative CDCCLs may be used unless the CDCCLs are 
approved as an AMOC in accordance with the procedures specified in 
paragraph (k) of this AD.

Credit for Actions Done According to Previous Issues of the Service 
Information

    (j) Actions done before the effective date of this AD in 
accordance with Boeing Alert Service Bulletin 757-28A0085, Revision 
1, dated April 16, 2007, are acceptable for compliance with the 
requirements of paragraphs (f) and (g) of this AD.
    (k) Actions done before the effective date of this AD in 
accordance with AWL No. 28-AWL-22 of Subsection G of Section 9 
D622N001-9, Revision January 2007, Revision November 2007, or 
Revision March 2008 of the Boeing 757 Maintenance Planning Data 
(MPD) Document, are acceptable for compliance with the requirements 
of paragraph (h) of this AD.

Terminating Action for AWLs Revision

    (l) Incorporating AWL No. 28-AWL-22 into the AWLs section of the 
ICA in accordance with paragraph (g)(3) of AD 2008-10-11, amendment 
39-15517, terminates the action specified in paragraph (h) of this 
AD.

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, Seattle Aircraft Certification Office, FAA, 
ATTN: Jen Pei, Aerospace Engineer, Systems and Equipment Branch, 
ANM-130S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6409; 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

    (n) You must use Boeing Alert Service Bulletin 757-28A0085, 
Revision 2, dated December 11, 2007; and Section 9, D622N001-9 
Revision December 2008 of the Boeing 757 Maintenance Planning Data 
(MPD) Document; 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 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 that 
is incorporated by reference 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 March 12, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-5962 Filed 3-23-09; 8:45 am]
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