[Federal Register Volume 63, Number 214 (Thursday, November 5, 1998)]
[Rules and Regulations]
[Pages 59697-59699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29589]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-39-AD; Amendment 39-10869; AD 98-23-05]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to certain Boeing Model 767 series airplanes, that
currently requires an inspection to detect damage of the wire bundles
in the left side of the flight compartment in the vicinity of the
stowage box for the captain's oxygen mask, and repair, if necessary; a
continuity check on repaired wires; installation of sleeving over the
wire bundles; and rerouting of the wire bundles. This amendment
requires modifications of the captain's and first officer's consoles in
the flight compartment to ensure adequate clearance between oxygen
equipment and adjacent wire bundles. This amendment is prompted by
reports indicating that chafed wiring and wire insulation wear occurred
in the vicinity of the stowage box for the captain's oxygen mask due to
interference between oxygen line fittings and adjacent wire bundles.
The actions specified by this AD are intended to prevent such chafing
and inadequate clearance, which could result in electrical arcing and
consequent oxygen leakage in the vicinity of the stowage box; these
conditions, if not corrected, could result in a fire in the flight
compartment.
DATES: Effective December 10, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of December 10, 1998.
The incorporation by reference of Boeing Alert Service Bulletin
767-35A0028, dated September 7, 1995, as listed in the regulations, was
approved previously by the Director of the Federal Register as of
October 26, 1995 (60 FR 52844, October 11, 1995).
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle,
Washington 98124-2207. This information may be examined at the Federal
Aviation Administration (FAA), Transport Airplane Directorate, Rules
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of
the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Susan Letcher, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington;
telephone (425) 227-2670; fax (425) 227-1181.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by superseding AD 95-21-05,
amendment 39-9390 (60 FR 52844, October 11, 1995), which is applicable
to certain Boeing Model 767 series
[[Page 59698]]
airplanes, was published in the Federal Register on July 2, 1997 (62 FR
35711). The action proposed to require an inspectison to detect damage
of the wire bundles in the left side of the flight compartment in the
vicinity of the stowage box for the captain's oxygen mask, and repair,
if necessary; a continuity check on repaired wires; installation of
sleeving over the wire bundles; and rerouting of the wire bundles. The
action also proposed to require modifications of the captain's and
first officer's consoles in the flight compartment to ensure adequate
clearance between oxygen equipment and adjacent wire bundles.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Four commenters support the proposed rule.
Request To Extend the Compliance Time
One commenter requests that the compliance time for the wiring
modification be extended to 24 months instead of the 18 months
specified by the proposed AD. The commenter states that it intends to
accomplish the wiring modifications during heavy maintenance visits.
However, the commenter advises that modification of the flight
compartment requires the electrical power to be turned off and creates
congestion in the cockpit area, which causes disruption to the work
flow during the maintenance check. For these reasons, the commenter
suggests extending the compliance time to allow modification during
``C-4'' heavy maintenance checks that have extended downtimes.
Another commenter advises that, although it has commenced the
modification program required in the proposed AD, it anticipates
completion in approximately 20 months. In addition, this commenter
advises that the completion date for the modification will depend on
whether the modification kits can be provided readily by the
manufacturer. The FAA infers that the commenter requests an extension
to the compliance time to provide additional time for delivery of
parts.
The FAA does not concur with the commenters' requests to extend the
compliance time. No justification of a possible delay in the
availability of the required parts was offered, and the manufacturer
has not advised the FAA of an impending delay in the delivery of
adequate parts. Additionally, chafed wiring and wire insulation wear in
the vicinity of the stowage box for the captain's oxygen mask due to
interference between oxygen line fittings and adjacent wire bundles is
a significant safety issue. The FAA considered not only those safety
issues in developing an appropriate compliance time for this action,
but the recommendations of the manufacturer, and the practical aspect
of accomplishing the required modification within an interval of time
that parallels normal scheduled maintenance for the majority of
affected operators. In light of these factors, the FAA has determined
that 18 months is an appropriate compliance time for the accomplishment
of the required modification. No change is required to the final rule.
Comment Regarding Cost Estimates
One commenter advises that the FAA's cost estimate for labor and
parts in the proposed AD is too low and has estimated the cost to be
$2,010 per airplane. The FAA does not concur. The FAA based its cost
estimate on the parts and labor estimates specified in Boeing Alert
Service Bulletin 767-35A0029, dated January 30, 1997. Those estimates
for the modification were $479 for parts, and 11 work hours at the
labor rate of $60 per hour, for a total of $1,139 per airplane for
parts and labor. In addition, the commenter did not provide sufficient
data to validate the higher cost estimate of $2,010 per airplane.
Therefore, the FAA has determined that the cost estimate specified in
the final rule is reasonable, and no change to the final rule is
required.
Concerns About Current Standards for Wire Bundle Routing
The National Transportation Safety Board (NTSB) states that it
supports the proposal. However, the NTSB is concerned that current
design and manufacturing for wire bundle routing may not provide
necessary protection for other makes and models of airplanes to ensure
that electrical wiring will not chafe against adjacent components. The
NTSB indicates that it may institute further studies and may consider
additional safety recommendations on this subject.
The FAA acknowledges the NTSB's comments. However, in the case of
this particular identified unsafe condition, the FAA considers that the
actions required by this AD are adequate to ensure the continued safety
of the affected fleet. No change to this final rule is necessary.
Actions Since Issuance of Proposed Rule
Since the issuance of the proposed rule, the FAA has reviewed and
approved Boeing Alert Service Bulletin 767-35A0029, Revision 1, dated
June 25, 1998, which includes the same procedures specified in the
original issue of the service bulletin for the modification of
Captain's console and revises the procedure to modify the new First
Officer's console. The revised procedure specifies replacing the
existing electrical connector on the dimmer module with an electrical
connector with a 90-degree backshell.
This alert service bulletin revision has been added to the final
rule as an additional source of service information to accomplish the
modification.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
Cost Impact
There are approximately 568 Model 767 series airplanes of the
affected design in the worldwide fleet. The FAA estimates that 185
airplanes of U.S. registry will be affected by this AD.
The actions that are currently required by AD 95-21-05 take
approximately 3 work hours per airplane to accomplish, at an average
labor rate of $60 per work hour. Required parts cost approximately $50
per airplane. Based on these figures, the cost impact of the currently
required actions on U.S. operators is estimated to be $42,550, or $230
per airplane.
The new actions that are required by this new AD will take
approximately 11 work hours per airplane to accomplish, at an average
labor rate of $60 per work hour. Required parts will cost approximately
$479 per airplane. Based on these figures, the cost impact of the new
requirements of this AD on U.S. operators is estimated to be $210,715,
or $1,139 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the requirements of this
AD action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various
[[Page 59699]]
levels of government. Therefore, in accordance with Executive Order
12612, it is determined that this final rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. Section 39.13 is amended by removing amendment 39-9390 (60 FR
52844, October 11, 1995), and by adding a new airworthiness directive
(AD), amendment 39-10869, to read as follows:
98-23-05 Boeing: Amendment 39-10869. Docket 97-NM-39-AD. Supersedes
AD 95-21-05, Amendment 39-9390.
Applicability: Model 767 series airplanes, as listed in Boeing
Alert Service Bulletin 767-35A0029, dated January 30, 1997;
certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (c) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent wire chafing and subsequent electrical arcing in the
vicinity of the stowage box for the captain's oxygen mask, which
could result in a fire in the flight compartment, accomplish the
following:
Restatement of Requirements of AD 95-21-05
(a) For Model 767 series airplanes having line positions 2
through 589 inclusive except VA801 through VA810 inclusive, VN684
through VN691 inclusive, and VW701: Within 45 days after October 26,
1995 (the effective date of AD 95-21-05, amendment 39-9390), inspect
to detect damage of the wire bundles in the left side of the flight
compartment in the vicinity of the stowage box for the captain's
oxygen mask, in accordance with Boeing Alert Service Bulletin 767-
35A0028, dated September 7, 1995.
(1) If no damage is detected, prior to further flight, install
protective sleeving on the wiring, and reroute the wire bundles, in
accordance with the alert service bulletin.
(2) If any damage is detected, prior to further flight,
accomplish the requirements of paragraphs (a)(2)(i) and (a)(2)(ii)
of this AD.
(i) Repair the wiring and perform a continuity check on each
repaired wire, in accordance with the alert service bulletin. And
(ii) Install protective sleeving on the wiring and reroute the
wire bundles, in accordance with the alert service bulletin.
New Requirements of This AD
(b) For all airplanes: Within 18 months after the effective date
of this AD, modify the airplane wiring in the vicinity of the
captain's and first officer's consoles, in accordance with Boeing
Alert Service Bulletin 767-35A0029, dated January 30, 1997, or
Revision 1, dated June 25, 1998. Accomplishment of this modification
constitutes terminating action for the inspection requirements of
this AD.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Seattle Aircraft Certification
Office (ACO), FAA, Transport Airplane Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Seattle ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Seattle ACO.
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(e) The actions shall be done in accordance with Boeing Alert
Service Bulletin 767-35A0028, dated September 7, 1995; or Boeing
Alert Service Bulletin 767-35A0029, dated January 30, 1997; or
Boeing Alert Service Bulletin 767-35A0029, Revision 1, dated June
25, 1998.
(1) The incorporation by reference of Boeing Alert Service
Bulletin 767-35A0028, dated September 7, 1995, was approved
previously by the Director of the Federal Register, as of October
26, 1995 (60 FR 52844, October 11, 1995).
(2) The incorporation by reference of Boeing Alert Service
Bulletin 767-35A0029, dated January 30, 1997, and Boeing Alert
Service Bulletin 767-35A0029, Revision 1, dated June 25, 1998, is
approved by the Director of the Federal Register, in accordance with
5 U.S.C. 552(a) and 1 CFR part 51.
(3) Copies may be obtained from Boeing Commercial Airplane
Group, P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be
inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(f) This amendment becomes effective on December 10, 1998.
Issued in Renton, Washington, on October 29, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-29589 Filed 11-4-98; 8:45 am]
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