Airworthiness Directives; Boeing Model 777 Airplanes, 14126-14129 [E6-4051]

Download as PDF 14126 Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Proposed Rules under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this supplemental NPRM and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES Authority: 49 U.S.C. 106(g), 40113, 44701. [Amended] 2. Section 39.13 is amended by adding the following new airworthiness directive: cprice-sewell on PROD1PC66 with PROPOSALS Gulfstream Aerospace Corporation: Docket 96–NM–143–AD. Applicability: All Model G–159 airplanes, certificated in any category. Compliance: Required as indicated, unless accomplished previously. To detect and correct corrosion and cracking of the spot-welded skins of the lower wing plank splices and certain structural assemblies, which could result in reduced controllability of the airplane, accomplish the following: Note 1: A note in the Accomplishment Instructions of the Gulfstream customer bulletin instructs operators to contact Gulfstream if any difficulty is encountered in accomplishing the customer bulletin. However, any deviation from the instructions provided in the service bulletin must be approved as an alternative method of compliance (AMOC) under paragraph (h) of this AD. Non-Destructive Testing Inspections of the Fuselage, Empennage, and Flight Controls (a) Within 9 months after the effective date of this AD, perform a non-destructive test (NDT) to detect corrosion of the skins of the elevators, ailerons, rudder and rudder trim tab, flaps, aft lower fuselage, and vertical and horizontal stabilizers; in accordance with Gulfstream GI Customer Bulletin (CB) No. 337B, including Appendix A, dated August 17, 2005. The corrosion criteria must be determined by the Manager, Atlanta Aircraft Certification Office (ACO), FAA. Gulfstream Tool ST905–377 is also an acceptable method of determining the corrosion criteria. (1) If no corrosion or cracking is detected, repeat the inspection thereafter at intervals not to exceed 18 months. VerDate Aug<31>2005 15:06 Mar 20, 2006 Jkt 208001 Existing Repairs (b) If any existing repairs are found during the inspections required by paragraph (a) of this AD, before further flight, ensure that the repairs are in accordance with a method approved by the Manager, Atlanta ACO, FAA. Inspections of the Lower Wing Plank 1. The authority citation for part 39 continues to read as follows: § 39.13 (2) If all corrosion is detected that meets the criteria of ‘‘light’’ or ‘‘mild’’ corrosion, repeat the NDT inspections of that component thereafter at intervals not to exceed 12 months. (3) If any corrosion is detected that meets the criteria of ‘‘moderate’’ corrosion, repeat the NDT inspection of that component thereafter at intervals not to exceed 9 months. (4) If any corrosion is detected that meets the criteria of ‘‘severe’’ corrosion, before further flight, replace the component with a serviceable component in accordance with the CB. (c) Except as provided in paragraph (f) of this AD: Within 9 months after the effective date of this AD, perform NDT inspections to detect corrosion and cracking of the lower wing plank splices in accordance with Gulfstream GI CB 337B, including Appendix A, dated August 17, 2005. (1) If no corrosion or cracking is detected, repeat the NDT inspection at intervals not to exceed 18 months. (2) If any corrosion or cracking is detected, before further flight, perform all applicable investigative actions and corrective actions in accordance with the customer bulletin. Repair Removal Threshold (d) For repairs specified in Appendix A of Gulfstream GI CB 337B, dated August 17, 2005: Within 144 months after the date of the repair installation, remove the repaired component and replace it with a new or serviceable component, in accordance with Gulfstream GI CB 337B, including Appendix A, dated August 17, 2005. Prior Blending in the Riser Areas (e) If, during the performance of the inspections required by paragraph (c) or (f) of this AD, the inspection reveals that prior blending has been performed on the riser areas: Before further flight, perform an eddy current or fluorescent penetrant inspection, as applicable, to evaluate the blending, and accomplish appropriate corrective actions, in accordance with Gulfstream GI CB 337B, including Appendix A, dated August 17, 2005. If any blend-out is outside the limits specified in the CB, before further flight, repair in a manner approved by the Manager, Atlanta ACO. For Airplanes With New Lower Wing Planks (f) For airplanes with new lower wing planks, as defined by paragraphs (f)(1) and (f)(2) of this AD: Within 144 months after replacement of the lower wing planks with new lower wing planks, or within 9 months after the effective date of this AD, whichever occurs later, perform all of the actions, including any other related investigative actions and corrective actions, specified in paragraph (c) of this AD. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 Reporting Requirement (g) Within 30 days of performing the inspections required by this AD: Submit a report of inspection findings (both positive and negative) to Gulfstream Aerospace Corporation; Attention: Technical Operations—Mail Station D–10, P. O. Box 2206, Savannah, Georgia 31402–0080. Information collection requirements contained in this regulation have been approved by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have been assigned OMB Control Number 2120–0056. Alternative Methods of Compliance (h)(1) The Manager, Atlanta ACO, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 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. Issued in Renton, Washington, on March 9, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6–4050 Filed 3–20–06; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2006–24173; Directorate Identifier 2005–NM–262–AD] RIN 2120–AA64 Airworthiness Directives; Boeing Model 777 Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 777 airplanes. This proposed AD would require a onetime inspection of the first bonding jumper aft of the bulkhead fitting to detect damage or failure and to determine the mechanical integrity of its electrical bonding path, and repair if necessary; measuring the bonding resistance between the fitting for the fuel feed tube and the front spar in the left and right main fuel tanks, and repairing the bonding if necessary; and applying additional sealant to completely cover the bulkhead fittings inside the fuel tanks. This proposed AD E:\FR\FM\21MRP1.SGM 21MRP1 Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Proposed Rules results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent arcing or sparking during a lightning strike at the interface between the bulkhead fittings of the engine fuel feed tube and the front spar inside the fuel tank. This arcing or sparking could provide a potential ignition source inside the fuel tank, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. DATES: We must receive comments on this proposed AD by May 5, 2006. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to http://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, room PL–401, Washington, DC 20590. • Fax: (202) 493–2251. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207, for the service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: John L. Vann, Aerospace Engineer, Propulsion Branch, ANM–140S, Seattle Aircraft Certification Office, FAA, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 917–6513; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: cprice-sewell on PROD1PC66 with PROPOSALS Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number ‘‘FAA–2006–24173; Directorate Identifier 2005–NM–262–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to http:// VerDate Aug<31>2005 15:06 Mar 20, 2006 Jkt 208001 dms.dot.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78), or you may visit http:// dms.dot.gov. Examining the Docket You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647–5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Discussion We have examined the underlying safety issues involved in fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the service history of airplanes subject to those regulations, and existing maintenance practices for fuel tank systems. As a result of those findings, we issued a regulation titled ‘‘Transport Airplane Fuel Tank System Design Review, Flammability Reduction and Maintenance and Inspection Requirements’’ (67 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and new maintenance requirements, this rule included Special Federal Aviation Regulation No. 88 (‘‘SFAR 88,’’ Amendment 21–78, and subsequent Amendments 21–82 and 21–83). Among other actions, SFAR 88 requires certain type design (i.e., type certificate (TC) and supplemental type certificate (STC)) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to type design holders for large turbine-powered transport airplanes and for subsequent modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 14127 to the rule, we intended to adopt airworthiness directives to mandate any changes found necessary to address unsafe conditions identified as a result of these reviews. In evaluating these design reviews, we have established four criteria intended to define the unsafe conditions associated with fuel tank systems that require corrective actions. The percentage of operating time during which fuel tanks are exposed to flammable conditions is one of these criteria. The other three criteria address the failure types under evaluation: Single failures, single failures in combination with another latent condition(s), and in-service failure experience. For all four criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action. We have determined that the actions identified in this AD are necessary to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. We have received a report indicating that, on certain Boeing Model 747 airplanes, the sealant at the fitting for the fuel feed tube at the front spar bulkhead may be insufficient to protect against a spark between the bulkhead fitting and the spar in the event of a lightning strike. In SFAR 88-related testing, the manufacturer determined that a lightning strike can cause a spark even if the fitting is bonded. This condition, if not corrected, could result in a potential ignition source inside the fuel tank, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. The affected area on certain Boeing Model 747 airplanes is similar in design to that on the affected Boeing Model 777 airplanes. Therefore, all of these models may be subject to the same unsafe condition. Relevant Service Information We have reviewed Boeing Special Attention Service Bulletin 777–28– 0044, Revision 1, dated December 20, 2005. The service bulletin describes procedures for: • Doing a general visual inspection of the first bonding jumper aft of the bulkhead fitting to detect damage or failure and to determine the mechanical integrity of its electrical bonding path. • Measuring the bonding resistance between the fitting for the fuel feed tube and the front spar in the left main fuel tank, and repairing the bonding if it E:\FR\FM\21MRP1.SGM 21MRP1 14128 Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Proposed Rules exceeds certain limits defined in the service bulletin. • Applying additional sealant to completely cover the bulkhead fitting inside the fuel tank. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. FAA’s Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. For this reason, we are proposing this AD, which would require accomplishing the actions specified in the service information described previously, except as discussed under ‘‘Difference Between the Proposed AD and the Service Bulletin.’’ Difference Between the Proposed AD and the Service Bulletin Although the service bulletin does not give repair instructions if any damage or failure is found during the general visual inspection, or if the mechanical integrity of the bonding path is compromised, this proposed AD would require doing the repair according to a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. Chapter 28–00–00 of the Boeing 777 Aircraft Maintenance Manual is one approved method. cprice-sewell on PROD1PC66 with PROPOSALS Costs of Compliance There are about 497 airplanes of the affected design in the worldwide fleet. This proposed AD would affect about 131 airplanes of U.S. registry. The proposed actions would take about 8 work hours per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the proposed AD for U.S. operators is $83,840, or $640 per airplane. 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, 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 VerDate Aug<31>2005 15:06 Mar 20, 2006 Jkt 208001 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. Applicability (c) This AD applies to Boeing Model 777– 200, –300, and –300ER series airplanes, certificated in any category; as identified in Boeing Special Attention Service Bulletin 777–28–0044, Revision 1, dated December 20, 2005. Regulatory Findings Unsafe Condition (d) This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent arcing or sparking during a lightning strike at the interface between the bulkhead fittings of the engine fuel feed tube and the front spar inside the fuel tank. This arcing or sparking could provide a potential ignition source inside the fuel tank, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 the proposed regulation: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the 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 proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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. § 39.13 [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): Boeing: Docket No. FAA–2006–24173; Directorate Identifier 2005–NM–262–AD. Comments Due Date (a) The FAA must receive comments on this AD action by May 5, 2006. Affected ADs (b) None. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 Compliance (e) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Inspection and Corrective Actions (f) Within 60 months after the effective date of this AD, do the actions in paragraphs (f)(1), (f)(2), and (f)(3) of this AD for the bulkhead fittings of the engine fuel feed tube for the left and right main fuel tanks. Do all actions in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 777–28– 0044, Revision 1, dated December 20, 2005. (1) Do a general visual inspection of the first bonding jumper aft of the bulkhead fitting to detect damage or failure and to determine the mechanical integrity of its electrical bonding path. If any damage or failure is found during this inspection or if the mechanical integrity of the bonding path is compromised: Before further flight, repair according to a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. Chapter 28–00–00 of the Boeing 777 Aircraft Maintenance Manual is one approved method. (2) Measure the bonding resistance between the fitting for the fuel feed tube and the front spar in the left main fuel tank. If the bonding resistance exceeds 0.001 ohm: Before further flight, repair the bonding in accordance with the service bulletin. (3) Apply additional sealant to completely cover the bulkhead fitting inside the fuel tank. Actions Accomplished in Accordance With Previous Revision of Service Bulletin (g) Actions done before the effective date of this AD in accordance with Boeing Special Attention Service bulletin 777–28–0044, dated February 3, 2005, are acceptable for compliance with the requirements of paragraph (f) of this AD. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. E:\FR\FM\21MRP1.SGM 21MRP1 Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Proposed Rules (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. Issued in Renton, Washington, on March 10, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6–4051 Filed 3–20–06; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network 31 CFR Part 103 RIN 1506–AA84 Proposed Amendments to Bank Secrecy Act Regulations Regarding Casino Recordkeeping and Reporting Requirements Financial Crimes Enforcement Network, Department of the Treasury. ACTION: Notice of proposed rulemaking. cprice-sewell on PROD1PC66 with PROPOSALS AGENCY: SUMMARY: We are proposing to amend the Bank Secrecy Act regulations relating to currency transaction reporting by casinos. Specifically, we are proposing to exclude, as reportable transactions in currency, jackpots from slot machines and video lottery terminals. We are also proposing to exclude certain transactions between casinos and currency dealers or exchangers and casinos and check cashers as reportable transactions in currency. Finally, we are proposing several other amendments that would update or clarify the ‘‘cash in’’ and ‘‘cash out’’ examples of transactions that are set forth in our currency transaction reporting regulations. DATES: Written comments on all aspects of the proposal are welcome and may be submitted on or before May 22, 2006. ADDRESSES: You may submit comments identified by Regulatory Information Number (RIN) 1506–AA84, by any of the following methods: • Federal E-rulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. Include 1506–AA84 in the submission. • E-mail: regcomments@fincen. treas.gov. Include 1506–AA84 in the subject line of the message. • Mail: Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183. Include 1506–AA84 in the body of the text. Instructions: Electronic comments are preferred because paper mail in the VerDate Aug<31>2005 15:06 Mar 20, 2006 Jkt 208001 Washington, DC, area may be delayed. Please submit comments by one method only. Any submissions received must include the agency name and the RIN for this rulemaking. All comments received will be posted without change to http://www.fincen.gov, including any personal information provided. Comments may be inspected in the Financial Crimes Enforcement Network reading room between 10 a.m. and 4 p.m. in Washington, DC. Persons wishing to inspect the comments submitted must request an appointment by telephone at (202) 354–6400 (not a toll-free number). FOR FURTHER INFORMATION CONTACT: Regulatory Policy and Programs Division, Financial Crimes Enforcement Network, (800) 949–2732 (toll-free number) or (202) 354–6400 (not a tollfree number). SUPPLEMENTARY INFORMATION: I. Background A. Statutory and Regulatory Background The Director of the Financial Crimes Enforcement Network is the delegated administrator of the Bank Secrecy Act.1 The Act authorizes the Director to issue regulations to require all financial institutions defined as such in the Act to maintain or file certain reports or records that have been determined to have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings, or in the conduct of intelligence or counterintelligence activities, including analysis, to protect against international terrorism, and to implement anti-money laundering programs and compliance procedures.2 Casinos are cash-intensive businesses that offer a broad array of financial services. These services include customer deposit or credit accounts, facilities for transmitting and receiving funds transfers directly from other financial institutions, and check cashing and currency exchange services. Consequently, these services offered by casinos are similar to and may serve as substitutes for services ordinarily provided by depository institutions and 1 The statute generally referred to as the ‘‘Bank Secrecy Act,’’ Titles I and II of Public Law 91–508, as amended, is codified at 12 U.S.C. 1829b, 12 U.S.C. 1951–1959, and 31 U.S.C. 5311–5314, 5316– 5332. 2 Language expanding the scope of the Bank Secrecy Act to intelligence or counter-intelligence activities to protect against international terrorism was added by section 358 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (‘‘USA PATRIOT’’) Act of 2001, Public Law 107– 56 (October 26, 2001). In pertinent part, regulations implementing Title II of the Bank Secrecy Act appear at 31 CFR part 103. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 14129 certain non-bank financial institutions. As such, casinos are vulnerable to abuse by money launderers, terrorist financiers, and tax evaders. In general, state-licensed casinos were made subject to the Bank Secrecy Act by regulation in 1985.3 The 1985 rulemaking was based on the authority of the Secretary of the Treasury to designate as financial institutions for Bank Secrecy Act purposes: (i) Businesses that engage in activities that are ‘‘similar to, related to, or a substitute for’’ the activities of covered businesses listed in the Bank Secrecy Act and (ii) other businesses ‘‘whose cash transactions have a high degree of usefulness in criminal, tax, or regulatory matters.’’ 4 Congress later explicitly added casinos and other gaming establishments to the list of financial institutions regulated pursuant to the Bank Secrecy Act.5 Casinos authorized to conduct business under the Indian Gaming Regulatory Act became subject to the Bank Secrecy Act by regulation in 1996,6 and card clubs became subject to the Bank Secrecy Act by regulation in 1998.7 B. Casino Currency Transaction Reporting Requirements Regulations under the Bank Secrecy Act define a ‘‘transaction in currency’’ as any transaction ‘‘involving the physical transfer of currency from one person to another.’’ 8 Casinos must report each transaction in currency involving cash in or cash out of more 3 See 50 FR 5065 (February 6, 1985). Casinos whose gross annual gaming revenue did not exceed $1 million were, and continue to be, excluded from Bank Secrecy Act requirements otherwise applicable to casinos and card clubs. 4 See 31 U.S.C. 5312(a)(2)(Y) and (Z). 5 See section 409 of the Money Laundering Suppression Act of 1994, Title IV of the Riegle Community Development and Regulatory Improvement Act of 1994, Public Law 103–325. The current statutory specification reads: (2) Financial institution means— * * * * * (X) A casino, gambling casino, or gaming establishment with an annual gaming revenue of more than $1,000,000 which— (i) Is licensed as a casino, gambling casino, or gaming establishment under the laws of any State or any political subdivision of any State; or (ii) Is an Indian gaming operation conducted under or pursuant to the Indian Gaming Regulatory Act other than an operation which is limited to class I gaming (as defined in section 4(6) of such Act); * * * 31 U.S.C. 5312(a)(2)(X). 6 See 61 FR 7054 (February 23, 1996). 7 See 63 FR 1919 (January 13, 1998). Card clubs generally are subject to the same rules as casinos, unless a different treatment for card clubs is explicitly stated in 31 CFR Part 103. Therefore, for purposes of this Notice of Proposed Rulemaking, and unless the context indicates otherwise, the term ‘‘casino’’ refers to both casinos and to card clubs. 8 See 31 CFR 103.11(ii)(2). E:\FR\FM\21MRP1.SGM 21MRP1

Agencies

[Federal Register Volume 71, Number 54 (Tuesday, March 21, 2006)]
[Proposed Rules]
[Pages 14126-14129]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4051]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24173; Directorate Identifier 2005-NM-262-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 777 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Boeing Model 777 airplanes. This proposed AD would require 
a one-time inspection of the first bonding jumper aft of the bulkhead 
fitting to detect damage or failure and to determine the mechanical 
integrity of its electrical bonding path, and repair if necessary; 
measuring the bonding resistance between the fitting for the fuel feed 
tube and the front spar in the left and right main fuel tanks, and 
repairing the bonding if necessary; and applying additional sealant to 
completely cover the bulkhead fittings inside the fuel tanks. This 
proposed AD

[[Page 14127]]

results from fuel system reviews conducted by the manufacturer. We are 
proposing this AD to prevent arcing or sparking during a lightning 
strike at the interface between the bulkhead fittings of the engine 
fuel feed tube and the front spar inside the fuel tank. This arcing or 
sparking could provide a potential ignition source inside the fuel 
tank, which, in combination with flammable fuel vapors, could result in 
fuel tank explosions and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by May 5, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for the service information identified in this 
proposed AD.

FOR FURTHER INFORMATION CONTACT: John L. Vann, Aerospace Engineer, 
Propulsion Branch, ANM-140S, Seattle Aircraft Certification Office, 
FAA, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone 
(425) 917-6513; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``FAA-2006-
24173; Directorate Identifier 2005-NM-262-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://
dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://
dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    We have examined the underlying safety issues involved in fuel tank 
explosions on several large transport airplanes, including the adequacy 
of existing regulations, the service history of airplanes subject to 
those regulations, and existing maintenance practices for fuel tank 
systems. As a result of those findings, we issued a regulation titled 
``Transport Airplane Fuel Tank System Design Review, Flammability 
Reduction and Maintenance and Inspection Requirements'' (67 FR 23086, 
May 7, 2001). In addition to new airworthiness standards for transport 
airplanes and new maintenance requirements, this rule included Special 
Federal Aviation Regulation No. 88 (``SFAR 88,'' Amendment 21-78, and 
subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent modifications to those airplanes. It requires them to 
perform design reviews and to develop design changes and maintenance 
procedures if their designs do not meet the new fuel tank safety 
standards. As explained in the preamble to the rule, we intended to 
adopt airworthiness directives to mandate any changes found necessary 
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: Single failures, single failures in 
combination with another latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    We have determined that the actions identified in this AD are 
necessary to reduce the potential of ignition sources inside fuel 
tanks, which, in combination with flammable fuel vapors, could result 
in fuel tank explosions and consequent loss of the airplane.
    We have received a report indicating that, on certain Boeing Model 
747 airplanes, the sealant at the fitting for the fuel feed tube at the 
front spar bulkhead may be insufficient to protect against a spark 
between the bulkhead fitting and the spar in the event of a lightning 
strike. In SFAR 88-related testing, the manufacturer determined that a 
lightning strike can cause a spark even if the fitting is bonded. This 
condition, if not corrected, could result in a potential ignition 
source inside the fuel tank, which, in combination with flammable fuel 
vapors, could result in fuel tank explosions and consequent loss of the 
airplane.
    The affected area on certain Boeing Model 747 airplanes is similar 
in design to that on the affected Boeing Model 777 airplanes. 
Therefore, all of these models may be subject to the same unsafe 
condition.

Relevant Service Information

    We have reviewed Boeing Special Attention Service Bulletin 777-28-
0044, Revision 1, dated December 20, 2005. The service bulletin 
describes procedures for:
     Doing a general visual inspection of the first bonding 
jumper aft of the bulkhead fitting to detect damage or failure and to 
determine the mechanical integrity of its electrical bonding path.
     Measuring the bonding resistance between the fitting for 
the fuel feed tube and the front spar in the left main fuel tank, and 
repairing the bonding if it

[[Page 14128]]

exceeds certain limits defined in the service bulletin.
     Applying additional sealant to completely cover the 
bulkhead fitting inside the fuel tank.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other airplanes 
of this same type design. For this reason, we are proposing this AD, 
which would require accomplishing the actions specified in the service 
information described previously, except as discussed under 
``Difference Between the Proposed AD and the Service Bulletin.''

Difference Between the Proposed AD and the Service Bulletin

    Although the service bulletin does not give repair instructions if 
any damage or failure is found during the general visual inspection, or 
if the mechanical integrity of the bonding path is compromised, this 
proposed AD would require doing the repair according to a method 
approved by the Manager, Seattle Aircraft Certification Office (ACO), 
FAA. Chapter 28-00-00 of the Boeing 777 Aircraft Maintenance Manual is 
one approved method.

Costs of Compliance

    There are about 497 airplanes of the affected design in the 
worldwide fleet. This proposed AD would affect about 131 airplanes of 
U.S. registry. The proposed actions would take about 8 work hours per 
airplane, at an average labor rate of $80 per work hour. Based on these 
figures, the estimated cost of the proposed AD for U.S. operators is 
$83,840, or $640 per airplane.

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, 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

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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 proposed AD and placed it in the AD docket. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Boeing: Docket No. FAA-2006-24173; Directorate Identifier 2005-NM-
262-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by May 5, 
2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 777-200, -300, and -300ER 
series airplanes, certificated in any category; as identified in 
Boeing Special Attention Service Bulletin 777-28-0044, Revision 1, 
dated December 20, 2005.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent arcing or sparking 
during a lightning strike at the interface between the bulkhead 
fittings of the engine fuel feed tube and the front spar inside the 
fuel tank. This arcing or sparking could provide a potential 
ignition source inside the fuel tank, which, in combination with 
flammable fuel vapors, could result in fuel tank explosions and 
consequent loss of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection and Corrective Actions

    (f) Within 60 months after the effective date of this AD, do the 
actions in paragraphs (f)(1), (f)(2), and (f)(3) of this AD for the 
bulkhead fittings of the engine fuel feed tube for the left and 
right main fuel tanks. Do all actions in accordance with the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 777-28-0044, Revision 1, dated December 20, 2005.
    (1) Do a general visual inspection of the first bonding jumper 
aft of the bulkhead fitting to detect damage or failure and to 
determine the mechanical integrity of its electrical bonding path. 
If any damage or failure is found during this inspection or if the 
mechanical integrity of the bonding path is compromised: Before 
further flight, repair according to a method approved by the 
Manager, Seattle Aircraft Certification Office (ACO), FAA. Chapter 
28-00-00 of the Boeing 777 Aircraft Maintenance Manual is one 
approved method.
    (2) Measure the bonding resistance between the fitting for the 
fuel feed tube and the front spar in the left main fuel tank. If the 
bonding resistance exceeds 0.001 ohm: Before further flight, repair 
the bonding in accordance with the service bulletin.
    (3) Apply additional sealant to completely cover the bulkhead 
fitting inside the fuel tank.

Actions Accomplished in Accordance With Previous Revision of Service 
Bulletin

    (g) Actions done before the effective date of this AD in 
accordance with Boeing Special Attention Service bulletin 777-28-
0044, dated February 3, 2005, are acceptable for compliance with the 
requirements of paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

[[Page 14129]]

    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

    Issued in Renton, Washington, on March 10, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-4051 Filed 3-20-06; 8:45 am]
BILLING CODE 4910-13-P