[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Rules and Regulations]
[Pages 54798-54800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21289]
[[Page 54798]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-1065; Directorate Identifier 2011-NM-007-AD;
Amendment 39-17175; AD 2012-17-12]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company 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
The Boeing Company Model 747-400 series airplanes. This AD was prompted
by reports of water leaking into electrical and electronic equipment in
the main equipment center (MEC). This AD requires modifying the floor
panels; removing drains; installing floor supports, floor drain trough
doublers, drain troughs, and drains; and sealing and taping the floor
panels. We are issuing this AD to prevent water from entering the MEC,
which could result in an electrical short and potential loss of several
functions essential for safe flight.
DATES: This AD is effective October 11, 2012.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of October 11,
2012.
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; phone: 206-
544-5000, extension 1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com. You may review copies of the referenced 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.
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 (phone: 800-647-5527) is 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: Francis Smith, Aerospace Engineer,
Cabin Safety & Environmental Systems Branch, ANM-150S, Seattle Aircraft
Certification Office (ACO), FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; phone: 425-917-6596; fax: 425-917-6590; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 11, 2011 (76
FR 62667). That NPRM proposed to require modifying the floor panels;
removing drains; installing floor supports, floor drain trough
doublers, drain troughs, and drains; and sealing and taping the floor
panels.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the proposal
(76 FR 62667, October 11, 2011) and the FAA's response to each comment.
Concurrence With NPRM (76 FR 62667, October 11, 2011)
Boeing stated that it has reviewed the NPRM (76 FR 62667, October
11, 2011) and concurs with the contents of the proposed rule.
Request To Withdraw NPRM (76 FR 62667, October 11, 2011): Unsafe
Condition Already Addressed
UPS stated it believes the NPRM (76 FR 62667, October 11, 2011) is
unnecessary and increases the economic burden on operators because the
unsafe condition of water leaking into the MEC is already addressed in
AD 2011-16-06, Amendment 39-16764 (76 FR 47427, August 5, 2011). UPS
noted that an intact MEC drip shield should prevent water from leaking
onto the electronic and electrical equipment, thereby eliminating the
need for additional rulemaking.
UPS also noted that it finds the NPRM (76 FR 62667, October 11,
2011) problematic because it establishes an AD-mandated configuration
for floor panel sealing in the nose section of Model 747-400BCF and
747-400F airplanes that is different from the floor sealing criteria
for the center and aft sections of the same airplanes.
We do not agree with the request to withdraw the NPRM (76 FR 62667,
October 11, 2011). While we recognize that most of the airplanes
affected by this AD are also affected by AD 2011-16-06, Amendment 39-
16764 (76 FR 47427, August 5, 2011), water intrusion into the MEC
addressed by the NPRM is in locations and by means different than those
addressed by AD 2011-16-06. AD 2011-16-06 addresses water intrusion
that migrates through cracked drip shields into the exhaust plenum and
the MEC, and affects stations 117 and 118 for certain Model 747-400BCF
and 747-400F airplanes. The NPRM addresses water intrusion through main
deck panels, fasteners and floor fittings, and affects stations 210 and
530 for certain Model 747-400BCF and -400F airplanes.
We found the safety risk to be sufficient enough to require a
specific floor sealing criteria to the affected areas. While a possible
loss of uniform floor sealing criteria throughout the airplane may
result, this AD action is necessary to adequately address the stated
unsafe condition to the vulnerable areas. Operators seeking to
establish more uniform floor panel sealing criteria may submit a
request for an alternative method of compliance (AMOC) as specified in
paragraph (h) of the AD. We have not changed the final rule in this
regard.
Request To Withdraw NPRM (76 FR 62667, October 11, 2011): Low Risk of
Water Intrusion
In addition, UPS stated that the probability for water intrusion on
the forward section of Model 747-400BCF airplanes is overstated because
these models do not have a nose cargo door like Model 747-400F
airplanes. Therefore, Model 747-400BCF airplanes are not as susceptible
to moisture entering the forward area of the main deck cargo
compartment during cargo loading in adverse weather conditions.
We do not agree. Both water intrusion safety concerns were studied
separately based on reports submitted from multiple operators. The data
were reviewed based on the location and causes of the water intrusion.
Based on the frequency of reported failures, severity of outcome, and
airplane usage, both studies showed an unacceptable and unsafe
condition if left uncorrected. Addressing only one source of water
intrusion neither precludes nor diminishes the probability of the
other. We have not changed the final rule in this regard.
[[Page 54799]]
Request To Withdraw NPRM (76 FR 62667, October 11, 2011): Revise
Operational Procedures
UPS also stated that proper ground operational procedures will
significantly reduce water accumulation in the nose area, either
through the main entry door or on pallets or containers.
We infer that UPS requested withdrawal of the NPRM (76 FR 62667,
October 11, 2011) in favor of revised ground operational procedures. We
do not agree that revising operational procedures to avoid the
identified unsafe condition is a consistent or reliable method in
precluding what is inherently a safety risk through design. In
determining a corrective action, Boeing and the FAA agreed that a
design solution, instead of an operational solution, provides the best
method to address the identified unsafe condition. No change to the
final rule is necessary.
Request To Withdraw NPRM (76 FR 62667, October 11, 2011): Conflict With
Aircraft Maintenance Manual (AMM)
UPS also stated that Figures 18 and 23 of Boeing Special Attention
Service Bulletin 747-25-3586, dated November 12, 2010, specify that
different materials be used in lieu of those called out in Section 53-
21-02 of the Boeing Model 747-400 AMM. UPS stated that by not allowing
operators to use the AMM, the NPRM (76 FR 62667, October 11, 2011)
would put the UPS mechanics in an untenable situation. Mechanics
following AMM procedures in the nose area of these two airplanes would
unknowingly be altering an AD-mandated configuration.
We do not agree because an AD-mandated configuration always takes
precedence over AMMs. When there is a conflict between an AD
requirement and service document, the operator must always comply with
the requirements of the AD, as explicitly stated in the requirements of
Federal Aviation Regulations 14 CFR 39.27. We have not changed the
final rule in this regard.
Request To Allow Alternative Floor Sealing Procedures
UPS noted that it and other operators have developed improved
alternative floor panel sealing procedures based on years of
operational experience with cargo aircraft. UPS stated that the NPRM
(76 FR 62667, October 11, 2011) would mandate a Boeing floor sealing
procedure that appears optimized for passenger aircraft flooring, which
is not as effective as the procedures UPS uses today. UPS noted that
this situation creates more of a regulatory problem with maintaining an
AD-mandated condition than a safety of flight condition, as there are
many ways to adequately seal the floor panels to prevent moisture
intrusion. UPS noted that obtaining an alternative method of compliance
(AMOC) approval for a floor sealing procedure presents another undue
regulatory burden on operators.
We recognize the different methods operators currently use for
floor panel sealing procedures to mitigate this safety concern.
However, the frequency of failures reported when using these different
methods underscores the importance of providing an acceptable method
for operators to follow in reducing the safety risk. Under the
provisions of paragraph (h) of the final rule, we will consider
requests for approval of an AMOC if sufficient data are submitted to
substantiate that alternative method of sealing floor panels to prevent
moisture intrusion would provide an acceptable level of safety. We have
not changed the final rule in this regard.
Request for Revised Service Information
UPS submitted the following list of technical errors found in
Boeing Special Attention Service Bulletin 747-25-3586, dated November
12, 2010, and requested that a revision to this service information be
issued to address them.
The fastener quantities specified in the fastener table in
figure 7 are incorrect.
Figure 17 specifies installing the modified floor panels
with new fasteners, followed by figure 18, which specifies removing and
reinstalling all floor panels between station 140 and station 640.
Figure 18 should specify excluding those floor panels installed as
shown in figure 17.
Figure 8, Detail G, and figure 14, Detail K, should show
the doubler and the support, not just the doubler.
We acknowledge and agree that there are certain technical errors
identified in the figures of Boeing Special Attention Service Bulletin
747-25-3586, dated November 12, 2010. We have contacted Boeing and it
has acknowledged the list of technical issues identified. We consider
Boeing Special Attention Service Bulletin 747-25-3586, dated November
12, 2010, adequate to address the identified unsafe condition; and this
service information was validated by Boeing on an airplane. Different
operators may see different numbers of necessary fasteners and will
have to submit an AMOC if their configuration deviates from Boeing
Special Attention Service Bulletin 747-25-3586, dated November 12,
2010, instructions. Boeing stated it will address the issues in a
Boeing service bulletin revision or other service document to provide
clarity in the work steps. We have not changed the final rule 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.
Costs of Compliance
We estimate that this AD affects 12 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Floor panel reworking and Up to 644 work-hours $64,033 Up to $118,773...... Up to $1,425,276.
sealing; installing drains, x $85 per hour =
drain trough doublers, and drain $54,740.
troughs.
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According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.
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.
[[Page 54800]]
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),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
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 airworthiness
directive (AD):
2012-17-12 The Boeing Company: Amendment 39-17175; Docket No. FAA-
2011-1065; Directorate Identifier 2011-NM-007-AD.
(a) Effective Date
This AD is effective October 11, 2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 747-400 series
airplanes, certificated in any category, as identified in Boeing
Special Attention Service Bulletin 747-25-3586, dated November 12,
2010.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 25, Equipment and Furnishings.
(e) Unsafe Condition
This AD was prompted by reports of water leaking into electrical
and electronic equipment in the main equipment center. We are
issuing this AD to prevent water from entering the main equipment
center, which could result in an electrical short and potential loss
of several functions essential for safe flight.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Floor Panel Sealing
Within 24 months after the effective date of this AD: Modify the
floor panels; remove drains; install floor supports, floor drain
trough doublers, drain troughs, and drains; and seal and tape the
floor panels; at the applicable locations; in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 747-25-3586, dated November 12, 2010.
(h) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(i) Related Information
For more information about this AD, contact Francis Smith,
Aerospace Engineer, Cabin Safety & Environmental Systems Branch,
ANM-150S, Seattle Aircraft Certification Office (ACO), FAA, 1601
Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-6596;
fax: 425-917-6590; email: [email protected].
(j) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Special Attention Service Bulletin 747-25-3586, dated
November 12, 2010.
(ii) Reserved.
(3) 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; phone:
206-544-5000, extension 1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com.
(4) You may review copies of the referenced 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.
(5) 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/cfr/ibr-locations.html.
Issued in Renton, Washington, on August 22, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-21289 Filed 9-5-12; 8:45 am]
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