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

'tl

\...

I

X

Alternative Methods ofCompIiam;e

m The Manager, Engine Certification

Office, has the authority to approve

alternative methods of compliance for this

AD if requested using the procoourus found

in 14 CFR 39_19.

Related Information

{k)Lufl.fanrt-Bunde:>aDltairworthiness

directive D-1996-055R3. dated December 15.

2003. which was approve.d by EASA under

approval No. 1B69 on December 15. 2003.

also addresses the subject of this 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 & Co KGservice information

specified in Table 1 10perform the actions

required by this AD. The Oirector of the

Federal Register approved tho incorporation

TABLE 1.-INCORPORATION BY REFERENCE

by refart!nce of the docuruents listed in Table

1 of this AD in accordance with 5 U.S.c.

552{a) and 1 CFR part S1. Contacl RollsRoyce Deutschland LId & Co KG, Eschenweg

11, D-15827 Dahlewilz. Germany; telephone

49 (0) 33-708&-1768; fax 49 (0133-70B&-

3356 for a copy of this service information.

You may review copies at the National

An:hives and Records Administration

(NARA). For information on the availability

ofthi~ material at NARA. call 202-741-6030,

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

SelVice BulieHn No. Page Revision Dale

TAY-72-1591, Totat Pages; B .......... ....... ........................ ., ....., .., ......................... .......... All ... Original May 8, 2003.

TAY-72-1442, Total Pages: 11 . ...... .." .......... .... ....................... ............. ............ ...... All. 3 ..... ...... November 26, 2003.

Appendix 1 01 TAY-72-1442, Total Pages: 4 .......... ..... . .................... All ... ..... 3 ........... November 26. 2003.

Issued ill Burlington, MassachusallS, on

January 22. 2007.

I'eter A. While.

Ilcling "fonager. Engine and Propeller

Direclorate. Aircraft Certification Service.

[FR Doc. 1'7-1218 Filed 1-26-07; 8:45 ami

BllUllG COOE 4910-13••••

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; AD 2001....(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 if necessary. 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,

FORFURTHERINFORMATIONCONTACT:

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.

SUPPLEMENTARYtNFORMATION;

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 of the Nassif Building at

the street address stated in the

ADDRESSESsection.

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 10 in 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) of the

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) of the 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 if the conditions found

required significant repairs. NWA notes

that operators could use the limited

MEL time 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<lrts Association 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 of a 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 of the incorporation by

reference method is brevity. to keep

from expanding the Federal Register

needlessly by publishing documents

already in the hands of the 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")

of the 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 of the 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

of rule 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 of reviewing issues

surrounding the posting of service

bulletins on the DMS as part of au 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 2 airplanes.

We do not agree to increase the work

hours required to do the inspec1ions.

The costs of compliance that lire

discussed in AD ru lema king 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 of Compliance

There are about 902 airplanes of the

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 of the 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 of that 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 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" 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 of small entities

under the criteria of the Regulatory

Flexibility Act.

We prepared a regulatory evaluation

of the estimated costs to comply with

this AD and placed it in the AD docket.

See the ADDRESSESsection 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 of the 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 for part 39

continues to read as follows:

Authority: 49 U.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;

Directorate Identifier 2006-NM-1Z1-All.

EffectiveDate

(a)This ADbecomes effective Marl;h 5.

2007.

Affected ADs

(bl None.

Applicability

(el This AD applies to Boeing Model 757-

200. -200PF. -200cB. and -300 series

airplanes; certificated in any eatego!)'; as

identified in the service bulletins listed in

Table 1 of this AD.

Airplanemodel

Boein~Special Revision AllentlonServo Date level ", Bulletin

757-200, -200PF. -200GB series ..... ..................................... ...... ........................... 757-24-0105 2 April20, 2006.

757-300 series ............................... ..... ...... .......... ...... .._._ .. ........... ..... ...... ........... 757-24-0106 2 April20, 2006.

Unsafe Condition

(d)This ADresults rroma report that a

power feeder wire bundle GhnfQd,1gainstlhe

number six uuxiliRryslnt track, GRusing

electrical wires ill tho bundle lo ere. which

l!amaged both the uuxiliery 5101trock and

power reeder wire,. Wo orQissuing t1,i, AD

10prevent arcing thot coull! be a [l')5sible

ignitiun source for leakeoJnammnble fluids,

whidl cOllldresult in a fire. Arcing could

also result in II loss'of pOWllrfrom the

gonerator connected to Lhepower fooder wire

bUl1dlQ,and consequent loss of systems.

which could reduco controllability of the

a'rplano.

Compliance

(IIJYou are responsible for having the

Rctionsrequired by this ADperformed within

the compliance times specified, unless the

uctions bave already been done.

Service Bulletin Refcrencc

(f) The lerm "service bullelin,"' as used in

this AD,meom the Accomplishment

Instructions of the following serviGl'

bulletins, es applicuhlQ:

(1JFor Model 757-200, _2001'1',~lId

-200CB series Rirplane5:BoeingSpecial

Attention ServiGeBulletin 757-24-0105,

Revision 2, dated April 20, 2006; and

(2)For Model 757-~OOseries Rirplm,es:

BoeingSpedal Attention SQrviceIhl1lelin

757-24-0106, Revision 2, deted April 20,

2006.

One-Time lnspedions and Corrective

Actions

IgJWithin 24months efter the effoctivll

dats of this AD,perform a general visual

inspection ror damage (including but nol

limiled 10chufing) of power feeder wire

bundles W3312 end W3412 al front spar

station 14a.!JOin tha loft and right wing~.and

a general visuel inspection of the 5upport

clamps forthose power feeder wife bundles

to dQtorminewhoth~r the clamps ere

properly installed. und, before further flighl,

do all appiiG~blecorrective actions. Do Lllese

actions by doing all of lhQapplkable aGtions

in the Applicableservice bulletin.

Actions Accoml'lished Previously

(h) Inspections and corrective actions done

before the effective date of this AUin

accordance with the service information

listed in Table 2 or lhis ADare aGceptablefur

compliancll with the corresponding actions

required by Lf],isAD.

TABLE 2.-QTHER ACCEPTABLE SERVICE BULLETIN REVISIONS

BoeingSpecial AltenlionService Bulletin

757-24-0105 .

757-24-Q105 .

757-24-0106 ..

757-24-0106

Revision level

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

of the Federal Aviation Regulations [14 CFR

21.197 and 21.199] to operate thff a:il"planeto

a location where the requiremenls of this AO

can he aa:omplished, provided that the

generator served by the power feeder wire

bundles specified in paragraph (g) of this AD

is disconnecled.

Allernativc Mlllhods ofComplianr,e

(AMOCs)

[j)(1)The Manager. Seattle Aircraft

Certification Office (ACO), FAA. has the

authority to approve AMOCs for this AD, if

requested in accordance with the procedur1!s

found in 14 ern 39.19.

(2) Before using any AMOC approved in

accordance with § 39.19 On any airplane to

which the AMOC applies. notify the

appropriate principal inspector in the FAA

Flight Standards Certificate Holding District

Office.

MateriallncoIporated by Reference

(k) You must 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; lo pf!rfOrtllthe actions Lbalare

required by this AD, unless the AD specifies

otherwise. The DirecLorof LheFederal

Register approved the incorporation by

reference of Lheliedocuments in accordance

with 5 U.$_C.552(a) and 1 CFR part 51.

Contact Boeing Commercial Airplanes, P.O.

80)( 3707. Seattle. Washington 98124-2207,

for a copy of this service information. You

may review copies at the Docket Management

Facility. U.S. Department of Transportation.

400 Seventh Street. SW., Room Pl..-401.

Nassif Building, Washington. DC; on the

Internet at hllp:lldms.dol.gov; or al the

National Archives and Records

Administration (NAKA). For information on

the availability of this material al the NAKA.

call (202) 741-603U, or go to ht!pj/

l'I.'Ww.orchives .llovlJadcmCregislerl

code_of../edoruCregulot ions!

ibelocnlions .Ii/nil.

Issued in Renton. Washington, on January

HI,2007.

All Bahrami.

Manager, TronsJWrt Airplane Direcforole.

Aircmfl Certifieolion Service.

[FR Doc. E7-1203 Filed 1-26-07; 8:45 ami

BllUNG CODE .910-13-1'

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 254

RIN 2105-AD62

[Docket OST-2l)Q7-27020l

Domestic Baggage Liability

AGENCY:Department of Transportation

(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.

FORFURTHERINFORMATIONCONTACT:

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-

SUPPLEMENTARYINFORMATION:

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

of Iiability 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 of the 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 of this final rule if they 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 of Management 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 of proposed

rulemaking. However, we note that this

revision of 14 CFR PartZ54 provides for

a minimal increase in the amount of the

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.