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[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Rules and Regulations]
[Pages 73908-73910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29707]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0678; Directorate Identifier 2011-NM-285-AD; 
Amendment 39-17280; AD 2012-24-10]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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[[Page 73909]]

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 747-400 and -400F series airplanes. This AD 
was prompted by multiple reports of integrated display unit (IDU) 
malfunctions and mode control panel (MCP) malfunctions. This AD 
requires installing new software, replacing the duct assembly with a 
new duct assembly, making wiring changes, and routing certain wire 
bundles. We are issuing this AD to prevent IDU malfunctions, which 
could affect the ability of the flightcrew to read primary displays for 
airplane attitude, altitude, or airspeed, and consequently reduce the 
ability of the flightcrew to maintain control of the airplane.

DATES: This AD is effective January 16, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of January 16, 
2013.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, P. 
O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 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, WA. 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: Ana Martinez Hueto, Aerospace 
Engineer, Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, 
Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., 
Renton, WA 98057-3356; phone: 425-917-6592; fax: 425-917-6591; email: 
ana.m.hueto@faa.gov.

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 published in the Federal Register on July 11, 2012 (77 FR 
40832). That NPRM proposed to require installing new software, 
replacing the duct assembly with a new duct assembly, making wiring 
changes, and routing certain wire bundles.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 40832, July 11, 2012), and the FAA's response to each comment.

Request To Use Unissued Service Information

    Boeing requested that we refer to Boeing Alert Service Bulletin 
747-21A2523, Revision 2, which has not been issued, instead of Boeing 
Alert Service Bulletin 747-21A2523, Revision 1, dated October 3, 2011, 
as the appropriate source of service information in the NPRM (77 FR 
40832, July 11, 2012). Boeing stated that Boeing Alert Service Bulletin 
747-21A2523, Revision 2, describes additional wire changes for Model 
747-400 airplanes, and that one additional airplane is added to the 
effectivity of that service bulletin.
    We disagree to refer to Boeing Alert Service Bulletin 747-21A2523, 
Revision 2, in this AD. That service bulletin has not been issued. 
Referring to a document that has not been issued violates the Federal 
Register regulations for materials incorporated by reference rules. See 
1 CFR 51.1(f). We do not consider that delaying this action until after 
the release of a planned service bulletin is warranted. Additionally, 
increasing the AD applicability would require issuing a supplemental 
NPRM for public comment. We find that delaying this action would be 
inappropriate in light of the identified unsafe condition. Once Boeing 
Alert Service Bulletin 747-21A2523, Revision 2, is issued and we have 
reviewed that service bulletin, we might consider further AD 
rulemaking. We have not changed this final rule regarding this issue.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed, except for minor editorial changes. We have determined 
that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 40832, July 11, 2012) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 40832, July 11, 2012).

Costs of Compliance

    We estimate that this AD affects 33 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Duct assembly and replacement wiring    41 work-hours x $85 per          $20,121         $23,606        $778,998
 changes.                                hour = $3,485.
Software change.......................  3 work-hours x $85 per                 0             255           8,415
                                         hour = $255.
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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.
    We are issuing this rulemaking under the authority described in 
Subtitle VII,

[[Page 73910]]

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):

2012-24-10 The Boeing Company: Amendment 39-17280; Docket No. FAA-
2012-0678; Directorate Identifier 2011-NM-285-AD.

(a) Effective Date

    This AD is effective January 16, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-400 and -400F 
series airplanes, certificated in any category, as identified in 
Boeing Alert Service Bulletin 747-21A2523, Revision 1, dated October 
3, 2011.

 (d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 21, Air Conditioning.

(e) Unsafe Condition

    This AD was prompted by multiple reports of integrated display 
unit (IDU) malfunctions and mode control panel (MCP) malfunctions. 
We are issuing this AD to prevent IDU malfunctions, which could 
affect the ability of the flightcrew to read primary displays for 
airplane attitude, altitude, or airspeed, and consequently reduce 
the ability of the flightcrew to maintain control of the airplane.

 (f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Software Update

    Within 12 months after the effective date of this AD: Install 
integrated display system software, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
21A2523, Revision 1, dated October 3, 2011.

    Note 1 to paragraph (g) of this AD:  Boeing Alert Service 
Bulletin 747-21A2523, Revision 1, dated October 3, 2011, refers to 
the service bulletins specified in paragraphs (g)(1), (g)(2), and 
(g)(3) of this AD as additional sources of guidance for the software 
installation specified by paragraph (g) of this AD, which are not 
incorporated by reference in this AD.

    (1) Boeing Service Bulletin 747-31-2426, dated July 29, 2010 
(for airplanes with Rolls-Royce engines).
    (2) Boeing Service Bulletin 747-31-2427, dated July 29, 2010 
(for airplanes with General Electric engines).
    (3) Boeing Service Bulletin 747-31-2428, dated July 29, 2010 
(for airplanes with Pratt & Whitney engines).

(h) Duct Assembly Replacement and Wiring Changes

    Within 60 months after the effective date of this AD: Replace 
the duct assembly with a new duct assembly, do wiring changes, and 
route certain wire bundles, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 747-21A2523, Revision 
1, dated October 3, 2011.

(i) 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: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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.

(j) Related Information

    (1) For more information about this AD, contact Ana Martinez 
Hueto, Aerospace Engineer, Cabin Safety and Environmental Systems 
Branch, ANM-150S, FAA, Seattle Aircraft Certification Office (ACO), 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6592; 
fax: 425-917-6591; email: ana.m.hueto@faa.gov.
    (2) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; 
telephone 206-544-5000, extension 1; fax 206-766-5680; Internet 
https://www.myboeingfleet.com.

(k) 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 Alert Service Bulletin 747-21A2523, Revision 1, dated 
October 3, 2011.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; 
telephone 206-544-5000, extension 1; fax 206-766-5680; Internet 
https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this 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 November 30, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-29707 Filed 12-11-12; 8:45 am]
BILLING CODE 4910-13-P
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