[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Rules and Regulations]
[Pages 27704-27706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13137]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29067; Directorate Identifier 2007-NM-148-AD; 
Amendment 39-15926; AD 2009-12-03]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757-200, -200CB, and -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, -200CB, and -300 series airplanes. This AD 
requires a detailed inspection for damage of the wire bundle of the 
right recirculation fan, and repair if necessary. This AD also requires 
re-routing the wire bundle of the right recirculation fan. This AD 
results from a report indicating that, during landing of a Model 757 
airplane, an overheat warning and smoke occurred in the main cabin, and 
the right recirculation fan stopped operating. We are issuing this AD 
to prevent damage of the wiring bundle of the right recirculation fan. 
Such damage could result in a short circuit and possible fire in the 
mix bay or smoke in the main cabin.

DATES: This AD is effective July 16, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of July 16, 
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

[[Page 27705]]

[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, 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 757-200, -200CB, and -300 series airplanes. That 
NPRM was published in the Federal Register on August 31, 2007 (72 FR 
50290). That NPRM proposed to require a detailed inspection for damage 
of the wire bundle of the right recirculation fan, and repair if 
necessary. That NPRM also proposed to require re-routing the wire 
bundle of the right recirculation fan.

Actions Since the NPRM Was Issued

    The NPRM referred to Boeing Service Bulletin 757-21-0109, dated 
December 15, 2006, as the appropriate source of service information for 
the proposed actions. Boeing has since revised that service bulletin. 
Boeing Service Bulletin 757-21-0109, Revision 1, dated October 30, 
2008, clarifies certain procedures but otherwise adds no new actions. 
We have revised paragraphs (c) and (f) in this final rule to refer to 
Revision 1 of the service bulletin. We have added a new paragraph (g) 
to this final rule to provide credit for actions done before the 
effective date of the AD in accordance with the original service 
bulletin. We have renumbered subsequent paragraphs accordingly.

Comments

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

Support for the NPRM

    Boeing concurs with the contents of the NPRM.

Request To Clarify Procedures

    Continental Airlines asks for clarification or instructions 
regarding the filler material between the e-clip, part number 411A4902-
7, and the wire and the clip in the depiction in Boeing Service 
Bulletin 757-21-0109, dated December 15, 2006.
    We agree that further clarification is needed on this point. Boeing 
Service Bulletin 757-21-0109, Revision 1, dated October 30, 2008, 
provides a filler rod part number and corrects the reference in note 
(b) for Figure 3 and Figure 4 of that service bulletin. As stated 
previously, we have changed the final rule to refer to Revision 1 of 
the service bulletin as the appropriate source of service information 
for this final rule.

Request To Include Instructions for Modified Airplanes

    Continental Airlines requests that we revise the NPRM to provide 
instructions for airplanes that are not in the pre-modification state 
depicted by Boeing Service Bulletin 757-21-0109, dated December 15, 
2006.
    We find that clarification is necessary. Boeing Service Bulletin 
757-21-0109, Revision 1, dated October 30, 2008, is now referenced in 
the final rule. It addresses six new wire configurations which take 
into account the known preexisting configurations. We have not changed 
the final rule regarding this issue.

Request To Revise NPRM To Require Different Method of Compliance

    Continental Airlines suggests using a heat shrinkable sleeve in 
place of the ``heat shrinkable'' sleeve TFE-2X, which the commenter 
states is in fact not heat shrinkable. The commenter states that in its 
experience tying the lacing tape around the sleeve is extremely 
difficult, and it does not believe that the sleeve will stay on much 
more than a year at best.
    We infer that the commenter is requesting a different method of 
compliance. We disagree. Boeing Service Bulletin 757-21-0109, Revision 
1, dated October 30, 2008, specifies to use a sleeve with part number 
65C38488-2. We have not changed the final rule regarding this issue. 
However, under the provisions of paragraph (h) of this AD, we may 
approve a request for different compliance methods if the request 
includes data that prove that the new method provides an acceptable 
level of safety.

Explanation of Change to Final Rule

    We have clarified paragraph (h) of this AD to more accurately 
identify the information for requesting approval of an alternative 
method of compliance (AMOC).

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 about 920 airplanes of the affected design in the 
worldwide fleet. This AD affects about 560 airplanes of U.S. registry. 
The actions take about 2 work hours per airplane, at an average labor 
rate of $80 per work hour. Required parts cost about $81 per airplane. 
Based on these figures, the estimated cost of the AD for U.S. operators 
is $134,960, or $241 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.

[[Page 27706]]

    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:

2009-12-03 Boeing: Amendment 39-15926. Docket No. FAA-2007-29067; 
Directorate Identifier 2007-NM-148-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective July 16, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 757-200, -200CB, and -300 
series airplanes; certificated in any category; as identified in 
Boeing Service Bulletin 757-21-0109, Revision 1, dated October 30, 
2008.

Unsafe Condition

    (d) This AD results from a report indicating that, during 
landing of a Model 757 airplane, an overheat warning and smoke 
occurred in the main cabin, and the right recirculation fan stopped 
operating. We are issuing this AD to prevent damage of the wiring 
bundle of the right recirculation fan. Such damage could result in a 
short circuit and possible fire in the mix bay or smoke in the main 
cabin.

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.

Inspection and Corrective Actions

    (f) Within 24 months after the effective date of this AD, do the 
actions required by paragraphs (f)(1) and (f)(2) of this AD, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 757-21-0109, Revision 1, dated October 30, 2008.
    (1) Do a detailed inspection for damage of the wire bundle of 
the right recirculation fan, and repair any damage before further 
flight.
    (2) Re-route the wire bundle and re-orient the electrical 
connector of the right recirculation fan.

Credit for Actions Done According to Previous Issue of Service Bulletin

    (g) Actions done before the effective date of this AD in 
accordance with Boeing Service Bulletin 757-21-0109, dated December 
15, 2006, are acceptable for compliance with the requirements of 
paragraphs (f)(1) and (f)(2) of this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to Attn: 
Philip Sheridan, 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. Or, e-mail information to [email protected].
    (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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (i) You must use Boeing Service Bulletin 757-21-0109, Revision 
1, dated October 30, 2008, to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation 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 June 1, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-13137 Filed 6-10-09; 8:45 am]
BILLING CODE 4910-13-P