### Federal Register /VoL 72, No. 18/ Monday, January Z9, Z007/ Rules and Regulations 3939



# 'tl \...

I 

# X Alternative Methods ofCompIiam;e 

# mThe Manager, Engine Certification Office, has the authority to approve alternative methods ofcompliance forthis ADifrequested using the procoourus found in 14 CFR 39_19.
Related Information {k)Lufl.fanrt-Bunde:>aDlt airworthiness directive D-1996-055R3. dated December 15. 2003. which was approve.d by EASAunder approval No. 1B69 on December 15. 2003. also addresses the subject ofthis AU. (1)Contact Jason Yang. Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate. 12 New England Executive Park, Burlington. MA 01803; telephone (781) 23&-7747, fax (7811 238--7199;e-mail:joson.yong@flla_govfor

more information about this AD.
Material Incorporated by Reference (m)You must use the Rolls-Royce Deutschland LId & CoKGservice information specified inTable 1 10perform the actions required by this AD.The Oirector ofthe Federal Register approved tho incorporation

TABLE 1.-INCORPORATION BY REFERENCE by refart!nce ofthe docuruents listed inTable 1 ofthis AD in accordance with 5 U.S.c. 552{a)and 1 CFRpart S1. Contacl RollsRoyce Deutschland LId &CoKG,Eschenweg 11,D-15827 Dahlewilz. Germany; telephone 49 (0) 33-708&-1768; fax49 (0133-70B&- 3356 for acopy ofthis service information. You may review copies atthe National An:hives and Records Administration (NARA).For information on the availability ofthi~ material at NARA. call 202-741-6030,

orgo to: hup://w",,,,.an;hives.gov/federolrogislerkfrlibr-locolions.html.

SelVice BulieHn No. Page Revision Dale

TAY-72-1591, Totat Pages; B



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### ... Original May 8, 2003. TAY-72-1442, Total Pages: 11



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### ..... ...... November 26, 2003. Appendix 1 01 TAY-72-1442, Total Pages: 4



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........... November 26. 2003.

Issued ill Burlington, MassachusallS, on January 22. 2007.
I'eter A. While. Ilcling "fonager. Engineand Propeller Direclorate. Aircraft Certification Service. [FRDoc. 1'7-1218 Filed 1-26-07; 8:45 ami

BllUllG COOE4910-13••••

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39 [Docket No. FAA-2006-25642; Dire(:torate Identifier 2006-NM-121-AD; Amendment 39-14912; AD2001....(l3-o1)

R1N212D-AA64

Airworthiness Directives; BoeIng Model 757 Airplanes

AGENCY:Federal Aviation Administralion (FAA), DepartnH:l1i1 of Transportation (DOT), ACTION; Final rule.

SUMMARY:

The FAA is adopling a new airworthiness directive (AD) for certain Boeing Model 757 airplanes. This AD r8quires inspecting certain power feeder wire bundles for damage, inspecting the support damps for these wire bundles
to determine whether the damps are properly instal1ed, and performing corrective actions ifnecessary. This AD results from a report that a power feeder wire bundle chafed against the number six auxiliary slat track, causing electrical wires in the bundle to arc, which damaged both the auxiliary slat track and power feeder wires. We are issuing this AD to prevent arcing thai could be a possible ignition source for leaked flammable fluids. which could resull ill a fire. Arcing could olso result in a loss of power from the generator connected to the power feeder wire bundle, and consequent loss of systems, which could reduce controllability of the airplane.

- DATES:This AD becomes effective March 5. 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD

as or March 5. 2007. ADDRESSES;

You may examine the AD docket on the Internet at http:// 

### dms.dot.govor in person at the Docket Management Facility, U.S. Department ofTransporlation, 400 Seventh Street SW., Nassif Building, Room PL--401, Washington, DC. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for the service information identified in this AD, FORFURTHER

INFORMATION

CONTACT: Philip Sheridan, Aerospace Engineer, Systems and Equipment BtlInch, ANM130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue. SW., Renton, Washington 98057-3356; telephone (425) 917-6441; fax (425) 917-6590. SUPPLEMENTARY

tNFORMATION; Examining the Docket
You may examine the airworthiness directive (AD) docket on the Internet at 

### http://dms.dol.govorinpersonat the Docket Management Facility office between 9 a.m. and 5 p.rn" Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (SOD)647-5227) is localed on the plaza level ofthe Nassif Building at the street address stated in the ADDRESSES

section.

Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 eFR part 39 to include an AD that would apply to certain Boeing Model 757 airplanes. That NPRM was published in the FederaJ Register on August 21, 2006 [71 FR 48493). That NPRM proposed to require inspecting certain power feeder wire bundles for damage, inspecting the support clamps for these wire bundles to determine whether the clamps arc properly installed, and performing corrective actions if necessary.
Commenls
We provided the puhlic the opportunity to participate in the development of this AD. We have considered the comments received. Request To Clarify Scope of Service Information
Northwest Airlines (NINA) states that the service bulletins referred 10in the NPRM indicate Ulat Boeing technical publication revisions are not requir\:ld to support the referenced modification. NWA adds that.lypically, wire bundle inst(lilations 

### ate not detailed in IJoeing technical puulications; wire bundles are installed and maintained in accordance with the Boeing standard wiring practices manual (SWPMJ. NWA notes that the addition of spacers and rivets to wire bundle support brackets is not supported by Boeing technical publications. NWA adds that this burdens operators with the cost of developing their own system of maintaining the required configuration for continued compliance with the AD. We infer that the commenter is asking for clarification of the scope of the referenced service information regarding related technical publications. Regarding the comment on adding spacers and rive1s. the spacers should already have beel] installed, and the purpose of the rivets is to ensure that

### 3940 Federal Register 1Vol. 72, No. 181 Monday, January 29, 20071 Rules and Regulations

the damp cannot be bolted into the incorrect hole; the rivets and spacers are not used to support the wire bundle bracket. After the rivets and spacers are installed there should be no further maintenance necessary; therefore, compliance with the actions specified in the service information meets the requirements of ulis AD. We have not changed the AD in this regard. Request To Use Minimum Equipment Lis! (I'dEL)in Lieu of Repair
NWA asks that paragraph (g) ofthe NPRM be changed to allow rught using the MEL of the system rather than require repair prior to further flight. NWA states that the compliance time specified in paragraph (g) ofthe NPRM, and the referenced service bulletins. requires that the wire bundles be repaired as necessary per Boeing SWPM, Chapter 20-10-13, before further flight. NWA adds that the integrated drive generator (TOG)MEL and deviation dispatch guide (DOG), which disconnects the IDG, could be safely applied ifthe conditions found required significant repairs. NWA notes that operators could use the limited MELtime for repair planning and scheduling. We do not agree with the commenter. Disabling an essenlial system and then dispatching under the MEL is not au acceptable alternative method of compliance. The MEL is provided for unexpected failures of systems, and is
not a substitute for proper planning to

ensure timely compliance with ADs. Request To Publish Service Information/Incorporate by Reference in NPRM
The Modification and Replacement P<lrtsAssociation lMAKf'A) states that ADs are based on service information that origin<ltes from the type certificate holder or its suppliers. MARPA adds that manufacturer's service documents

are privately aulhored instruments, generaUy having copyright protection against duplication and distribution. MARPA states that when a service document is incorporated hy reference into a public document, such as an AD, pursuant to 5 U.S.C. 552(a) and 1 CFR part 51, it loses its private, protected
status and becomes a public document. MARPA notes tllat if a service document is used as a mandatory element of compliflllce it should not simply be referenced, but should be incorporated by reference. MARPA believes that public laws, by definition. should be pubUc. which means they cannot rely upon private wrilings for compliance. MARFA adds that the legal interpretation ofa document is a question oflaw. not offact: therefore. unless the service document is inCOrporated by reference it cannot be considered. MARPA is concerned thai failure to incorporate essential service information could result in a court decision invalidating the AD. MARPA also stoles that service documents incorporated by reference should be made available to the public by publicatioll in the Docket Management System (DMS). keyed to the action that incorpoffltes those documents. MARPA notes that the stated purpose ofthe incorporation by reference method is brevity. to keep from expanding the Federal Register needlessly by publishing documents already in the hands ofthe affected individuals. MARPA adds that. traditionally, "affected individuals"

means aircraft owners and operators. who are generally provided service information by the manufacturer. MARPA adds that a new class of affected individuals has emerged, since the majority of ;'\ircraft maintenance is

now performed by specialty shops instead of aircraft owners and operators. MARPA notes that this new class includes maintenance and repair organizations. component servicing, and/or servicing alternatively certified parts under section 21.303 ("Replacement and modification parts") ofthe Federal Aviation Regulations (14 CFR 21.303). MARPA notes fuat distribution to owners may. when the

owner is a financing or leasing institution, not actually reach the people responsible for accomplishing the AD. Therefore, MARPA asks that the service documents deemed essential to the accomplishment ofthe NPRM be incorporated by reference into the regulatory instrument and published in OMS. We understand the commenter's

concern. The Office of the Federal Register (OrR) requires that documents that are necessary to accomplish the requirements of the AD be incorporated by reference during the final rule phase ofrule making. This AD incorporates by reference the document necessary for the accomplishment of the requirements mandated by this AD. Further. we point out that while documents that are incorporated by reference do become public information. as noted by the commenter, they do not lose their copyright prolection. For that reaSOIl,

we advise the public to contact the manufacturer to obtain copies oftho referenced service information. In regard to MARPA's request to post service bulletins on the Department of Transportation's OMS. we are currently in the process ofreviewing issues surrounding the posting of service bulletins on the DMS as part ofau AD docket. Once we have thoroughly examined all aspects of this issue and have made a final determination, we will consider whether our current practice needs to be revised. No change
to the AD is necessary in response to this comment. Request To Change Costs ofCompJiallce Section

NWA asks that we change the Costs of Compliance section of the NPRM. NWA states that tho NPRM specifics that the proposed actions would require 2 work hours per airplane. NWA adds that this is inconsistent \\rith the work hours given in Boeing Service Bulletin 757-24-0105. Revision 2, dated April 20,2006 (referred to in the NPRM as one

source of service information for accomplishing the specified actions). The service bulletin specifies 8 work hours for Group 1 airplanes and 7.5 work hours ror Group 2airplanes. We do not agree to increase the work hours required to do the inspec1ions. The costs of compliance that lire discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. In this case, the only actions required by the AD for all airplanes are the inspections. The costs of compliance also typically do not include incidental costs, such as the time required to gain access and close up, planning lime. or time necessitated by other administrative actions. We have made no change to the AD in this regard.

Conclusion

We have cilrefully reviewed the available data. inciuding the comments received, and determined that air safety Imd the public interest require adopting the AD as proposed.

Costs ofCompliance

There are about 902 airplanes ofthe affected design in the worldwide neet. This AD affects about 631 airplanes of U.S. registry. The actions take about 2 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 $100,960, or $160 per airplane. Authority for This Rulemaking

Title ",9 of the United Slates Code specifies the FAA's authority to issue rules on a\'iation safety. Subtitle I, Section 106. describes the authority of the FAA Administrator. Subtitle VII. Aviation Programs. describes in morc

### Federal Register IVaI. 

### 72, No. 181 

### Monday, January 29, 20071 

### Rules and Regulations 3941

detail the scope ofthe Agency's authority, We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart Ill, 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 ofthat authority because it addresses an unsafe conditiOll that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings
We have determined that this AD

## wm
not have federalism implications under Executive Order 13132. This AD will not have a subslantial direct effect on the States, on the relationship between the national government and the States,

or on the distribution ofpower and responsibilities among the various levels ofgovernment. For the reasons discussed above, I certify that this AD: (1) Is not a "significant regulatory action" under Executive Order 12866; (2) Isnot a "significant rule" uncler 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 ofsmall entities under the criteria ofthe Regulatory Flexibility Act. We prepared aregulatory evaluation ofthe estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES

section for a location
to examine the regulatory evalualion.

List of Subjects in 14 CFR Part 39
Air transportation. Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption ofthe Amendmeot

• Accordingly, under the authority delegated to me by tbe Administrator. the FAA amends 14 CFR part 39 as follows:

TABLE 1.-ApPLICABILlTY PART 39-AIRWORTHINESS DIRECTIVES

.1. The authority citation forpart 39 continues to read as follows: Authority: 49U.S.C.106(gl,40113. 44701.
§39.13 (Amended)

.2. The Federal Aviation Administration (FAA) amends §39.13 by adding the following new airworthiness directive (AD): 2007-QJ-m 8ooi08:Amendment 39-14912. DocketNo. F'AA-2006-Z564Z; DirectorateIdentifier 2006-NM-1Z1-All.
EffectiveDate (a)This ADbecomes effectiveMarl;h5. 2007.
AffectedADs (blNone. Applicability (elThisADapplies to BoeingModel757- 200.-200PF. -200cB. and -300 series airplanes; certificated in anyeatego!)';as identified in the servicebulletins listed in Table 1 ofthis AD.

Airplanemodel Boein~Special Revision Date AllentlonServo level 

# ", Bulletin
757-200, -200PF. -200GB series



### ..... ..................................... ...... ........................... 757-24-0105 2 April20, 2006. 757-300 series



### ............................... ..... ...... .......... ...... .._._

# ............. ..... ......

# ........... 757-24-0106 2 April20, 2006.

UnsafeCondition (d)This ADresults rromareport that a power feederwirebundle GhnfQd ,1gainstlhe number sixuuxiliRryslnttrack, GRusing electrical wires illthobundle loere.which l!amagedboth theuuxiliery5101 trockand power reederwire,. WoorQ issuing t1,i,AD 10preventarcing thotcoull!bea [l')5sible ignitiun source forleakeoJ nammnble fluids, whidl cOllldresult inafire.Arcingcould alsoresult in II loss'ofpOWllr fromthe gonerator connected to Lhe power fooderwire bUl1dlQ, and consequent lossofsystems. which could reduco controllability ofthe a'rplano. Compliance (IIJ Youare responsible forhavingthe Rctionsrequired bythis ADperformed within the compliance times specified, unless the uctionsbavealreadybeen done.
ServiceBulletin Refcrencc (f) The lerm "servicebullelin,"' as usedin this AD,meom the Accomplishment Instructions ofthe followingserviGl' bulletins, esapplicuhlQ: (1JForModel757-200,_2001'1',~lId -200CB series Rirplane5:BoeingSpecial Attention ServiGe

Bulletin 757-24-0105, Revision2, datedApril 20,2006;and (2)ForModel757-~OO

series Rirplm,es: BoeingSpedal Attention SQrviceIhl1lelin 757-24-0106, Revision2,deted April 20, 2006.
One-Timelnspedions and Corrective Actions IgJWithin 24months efterthe effoctivll dats ofthis AD,performageneral visual inspection rordamage(including butnol limiled 10chufing)ofpower feederwire bundles W3312end W3412al frontspar station 14a.!JO

in tha loftand right wing~.and

ageneral visuel inspection ofthe 5upport clamps forthose powerfeederwifebundles todQtorminewhoth~rthe clamps ere properly installed. und, beforefurther flighl, doall appiiG~blecorrective actions. DoLllese actions bydoing alloflhQapplkable aGtions in theApplicableservicebulletin.

Actions Accoml'lished Previously (h)Inspections and corrective actions done beforethe effectivedateofthis AUin accordance with the serviceinformation listed inTable 2orlhis ADareaGceptablefur compliancllwith the corresponding actions required byLf],is

AD.

TABLE 2.-QTHER ACCEPTABLE SERVICE BULLETIN REVISIONS
BoeingSpecialAltenlionServiceBulletin

757-24-0105

. 757-24-Q105

. 757-24-0106

.. 757-24-0106 Revisionlevel
Original

. 1

. Original 1

. Dale
September 30, 2004. June 23. 2005. September 30, 2004. June 23, 2005.

### 3942 Federal Register/Vol. 72, No. lB/Monday, January 29, 2007/Rules and Regulations

Special Flight Permit (i)Special flight permits may be issued in accordance with sections 21.197 and 21.199 ofthe Federal Aviation Regulations [14CFR 21.197 and 21.199] to operate thffa:il"plane to

alocation where the requiremenls ofthis AO

can he aa:omplished, provided that the generator served by the power feeder wire bundles specified in paragraph (g)ofthis AD is disconnecled.
Allernativc Mlllhods ofComplianr,e (AMOCs) [j)(1)The Manager. Seattle Aircraft Certification Office (ACO),FAA. has the authority to approve AMOCs forthis AD, if requested in accordance with the procedur1!s found in 14ern 39.19. (2)Beforeusing any AMOCapproved in accordance with §39.19 Onany airplane to which the AMOC applies. notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. MateriallncoIporated by Reference (k)Youmust use lJoeing Special Attention ServiCtlBulletin 757-24-0105, Revision 2, dated April 20, 2006: and Hoeing Special Attention Service Bulletin 757-24-0106. Revision 2. dated April 20. 2008; as ~pplicable; lopf!rfOrtllthe actions Lbalare required by this AD,unless the ADspecifies otherwise. The DirecLorofLheFederal Register approved the incorporation by reference ofLheliedocuments in accordance with 5 U.$_C.552(a) and 1 CFRpart 51. Contact Boeing Commercial Airplanes, P.O.
80)( 3707. Seattle. Washington 98124-2207, foracopy ofthis service information. You may review copies atthe Docket Management Facility. U.S. Department ofTransportation. 400 Seventh Street. SW., Room Pl..-401. NassifBuilding, Washington. DC;on the Internet at hllp:lldms.dol.gov; or al the National Archives and Records Administration (NAKA).For information on the availability ofthis material althe NAKA. call (202) 741-603U, orgoto ht!pj/ l'I.'Ww.orchives .llovlJadcmCregislerl code_of../edoruCregulot ions! ibelocnlions .Ii/nil.
Issued in Renton. Washington, onJanuary HI,2007. All Bahrami. Manager, TronsJWrt Airplane Direcforole. Aircmfl Certifieolion Service. [FRDoc.E7-1203 Filed 1-26-07; 8:45 ami

BllUNG CODE .910-13-1'

DEPARTMENT OFTRANSPORTATION

Office ofthe Secretary

14 CFR Part 254

RIN2105-AD62 [Docket OST-2l)Q7-27020l

Domestic Baggage Liability

AGENCY:

Department ofTransportation (DOT), Office or the Secrelary {OSTI. ACTION: Final Rule.

SUMMARY:

In accordance with the provisions of14 eFR 254.6, this final rule revises the minimum limit on domestic baggage liability applicable to air carriers to reflect inflation since July Z004, the year oflhe most recent revision to the liability limit. Section 254.6 requires that the Department periodically revise the limit to rcfiect changes in the Consumer Price Index. The rule adjusts the minimum limit of liability from the current amount of $2,1l00, set by the Department in 2004,
to 53,000, to take into account the changes in consumer prices since the prior revision. EFFECnVEDATE:This rule is effective on February 28, 2007. FORFURTHER

INFORMATION

CONTACT: Nicholas LO\vry, Senior Attorney. Office of Aviation Enforcement and Proceedings (C-70j, Department of Transportation, 400 Seventh St., SW., Washington, DC 20590; {Z02l 366-9351- SUPPLEMENTARY

INFORMATION:

I. Supph~mentary Information
14 CFR Part 254 establishes minimum baggage liability limits applicable to domestic air service, currently $2,600 per passenger (See 69 FR 56693, September 22. 2004). Provisions of 14 CFR 254.6 require that the Department periodically review the minimum limit ofIiability prescribed in Part 254 in light of changes in the Consumer Price Index for Urban Consumers and directs the Department to revise the limit of liability to reflect changes in the price index that have occurred in the interim. Section 254,6 prescribes the use of a specific formula to calc:ulate the revised minimum liability amount when making these periodic adjustments. Applying the formula to price index changes occurring between July 2004 and July 2006, the appropriate inflation adjustment is 52.500 x 203.5/168.3, or $3022.B7. The provision requires us to round the adjustment to the nearest $100, or to $3,000.

U. Waiver of Rulemaking Procedural Requirements
With this final rule, we are waiving the usual notice of proposed rulemaking and public comment procedures set forth in the Administrative Procedure Act (APA) (5 U.s.C. 553). TheAPA allows agencies to dispense with such procedures on finding of good cause when they are impracticable, unnccessary or contrary to the public interest. We have determined thaI under 5 U.S.C. 553 (b)(3j(BJ good cause exists for dispensing with the notice of proposed rulemaking and public comment procedures for this rule. This rulemaking is required by regulation, based on a formula, and provides for no discretion. Accordingly, we believe
comment is unnecessary and contrary to the public interest, and we are issuing this revision as a final rule. Although this final rule will become effective in 30 days, the Department will defer enforcement of the notice provision in tbe revised rule. as it pertains to written notice ofthe new limit, for a reasonable time period to allow carriers to replace or correct their
current paper ticket stock and envelopes

so as to provide proper written notice of the increased minimum liability limit without imposing an undue burden, Carriers are, however, subject to enforcement action from the effective date ofthis final rule ifthey otherwise fail to provide proper notice of the $3,000 liability limit or fail to apply the

new limit. as appropriate.


# m. Regulatory Impact Statement


### Executive Order 12866
This final rule has becn evaluated in accordance will) the existing policies and procedures and is considered not significant under both Executive Order 12866 and DOT's Regulatory Policies and Procedures. It was not reviewed by the Office ofManagement and Budget. Based on the limited dala available 10 the Department, the increase in the minimum baggage liability limit from $2,800 to $3.000 per passenger may result in U.S. carriers paying total additional reimbursements to

consumers of approximately $2.6 million per year. 

### Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612) does not apply to this rulemaking because we arc not required to issue a notice ofproposed rulemaking. However, we note that this revision of 14 CFR PartZ54 provides for

a minimal increase in the amount ofthe minimum baggage liabilily limit ilIa! air carriers may incur in cases of lost or damaged baggage. It will pose minor additional costs only in those instances in which carriers lose or damage baggage, or delay delivering baggage 10 the traveler. and it affects only carriers operating large aircraft or those carriers operating small aircraft interlining with such carriers. As <Iresult, many operations of small entities, sucll as small air taxis and commuter air carriers, are not covered by lhe rule. Moreover. any additional costs for small entities associated with the rule should be minimal and may be covered by insurance.