Airworthiness Directives; Boeing Model 767 Airplanes, 51725-51728 [E7-17830]

Download as PDF Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Related Information (h) Refer to MCAI European Aviation Safety Agency (EASA) Airworthiness Directive 2006–0199, dated July 11, 2006, and Saab Fuel Airworthiness Limitations 2000 LKS 009032, dated February 14, 2006, for related information. Issued in Renton, Washington, on September 4, 2007. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7–17832 Filed 9–10–07; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2007–29173; Directorate Identifier 2006–NM–283–AD] RIN 2120–AA64 Airworthiness Directives; Boeing Model 767 Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 767 airplanes. This proposed AD would require installing an automatic shutoff system for the auxiliary fuel tank pump, revising the airplane flight manual (AFM) to advise the flight crew of certain operating restrictions for airplanes equipped with an automatic auxiliary fuel tank pump shutoff control, revising the Airworthiness Limitations (AWLs) section of certain maintenance documents to include new inspections of the automatic shutoff system for the yshivers on PROD1PC62 with PROPOSALS SUMMARY: VerDate Aug<31>2005 15:47 Sep 10, 2007 Jkt 211001 auxiliary fuel tank boost pumps, and, for certain airplanes, installing a placard to alert the flight crew of certain fuel usage restrictions. This proposed AD results from a design review of the fuel tank systems. We are proposing this AD to prevent an overheat condition outside the pump explosion-resistance area that is open to the pump inlet, which could cause an ignition source for the fuel vapors in the fuel tank and result in fuel tank explosions and consequent loss of the airplane. DATES: We must receive comments on this proposed AD by October 26, 2007. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to https://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to https://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Fax: (202) 493–2251. • Hand Delivery: Room W12–140 on the ground floor of the West Building, 1200 New Jersey Avenue, SE., 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: Judy Coyle, Aerospace Engineer, Propulsion Branch, ANM–140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6497; 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–2007–29173; Directorate Identifier 2006–NM–283–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. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 51725 We will post all comments we receive, without change, to https:// 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 https:// dms.dot.gov. Examining the Docket You may examine the AD docket on the Internet at https://dms.dot.gov, or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Operations office (telephone (800) 647–5227) is located on the ground floor of the West 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 The FAA has 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’’ (66 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 E:\FR\FM\11SEP1.SGM 11SEP1 51726 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules 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 a 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. Initial results from the SFAR 88 analysis show that fuel pumps that run dry could cause an overheat condition outside the pump explosion-resistance area that is open to the pump inlet, which could cause an ignition source for the fuel vapors in the fuel tank. 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. Relevant Service Information We have reviewed Boeing Alert Service Bulletins 767–28A0083 and 767–28A0084, both Revision 1, dated April 26, 2007. The service bulletins describe procedures for installing an automatic shutoff system for the auxiliary fuel tank pump. The actions involve installing new relay brackets and relays in the P36 and P37 panels, and, for certain airplanes, in the P33 panels; changing the wiring in the panels; and installing wiring between the panels. We have also reviewed Section 9, ‘‘Airworthiness Limitations (AWLs) and Certification Maintenance Requirements (CMRs),’’ of Boeing 767 Maintenance Planning Data (MPD) Document D622T001–9, Revision March 2006. That revision adds new fuel system Airworthiness Limitations Instruction (ALI) 28–AWL–20 to Subsection G, ‘‘AIRWORTHINESS LIMITATIONS— FUEL SYSTEM AWLs, of Section 9, which includes periodic inspections of the automatic shutoff system for the auxiliary tank fuel boost pumps to detect latent failures that could contribute to an ignition source. That revision also adds critical design configuration control limitation (CDCCL) 28–AWL–19, which includes a post-maintenance inspection of certain wiring in the fuel quantity indicating system. CDCCLs are limitation requirements to preserve a critical ignition source prevention feature of the fuel tank system design that is necessary to prevent the occurrence of an unsafe condition. The purpose of a CDCCL is to provide instruction to retain the critical ignition source prevention feature during configuration change that may be caused by alterations, repairs, or maintenance actions. A CDCCL is not a periodic inspection. 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. For certain airplanes, this proposed AD would also require installing a placard to alert the flight crew of certain fuel usage restrictions imposed by AD 2001–15–08. This proposed AD would also allow accomplishing the AWL revision in accordance with later revisions of the MPD as an acceptable method of compliance if they are approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. Costs of Compliance There are about 941 airplanes of the affected design in the worldwide fleet; of these, 414 are U.S. registered. The following table provides the estimated costs for U.S. operators to comply with this proposed AD. The total fleet cost could be as high as $4,655,016. ESTIMATED COSTS Affected airplanes Affected airplane groups 767–200, 767–300, 767–300F .......... 1–39 ................................................. 40–79 ............................................... 80–81 ............................................... All ..................................................... 767–400ER ....................................... yshivers on PROD1PC62 with PROPOSALS 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 VerDate Aug<31>2005 15:47 Sep 10, 2007 Jkt 211001 Work hours 29 25 3 23 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 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 Average hourly labor rate $80 80 80 80 Parts $8,924 8,495 420 7,911 Cost per airplane $11,244 10,495 660 9,751 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; E:\FR\FM\11SEP1.SGM 11SEP1 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules 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–2007–29173; Directorate Identifier 2006–NM–283–AD. Comments Due Date (a) The FAA must receive comments on this AD action by October 26, 2007. Affected ADs (b) Accomplishment of certain requirements of this AD terminates certain requirements of AD 2001–15–08, amendment 39–12342. Applicability (c) This AD applies to all Boeing Model 767–200, –300, –300F, and –400ER series airplanes, certificated in any category. yshivers on PROD1PC62 with PROPOSALS Unsafe Condition (d) This AD results from a design review of the fuel tank systems. We are issuing this AD to prevent an overheat condition outside the pump explosion-resistance area that is open to the pump inlet, which could cause an ignition source for the fuel vapors in the fuel tank and 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. Note 1: This AD requires revisions to certain operator maintenance documents to include new inspections. Compliance with VerDate Aug<31>2005 15:47 Sep 10, 2007 Jkt 211001 these inspections is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, the operator may not be able to accomplish the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (m) of this AD. Installation (f) Within 36 months after the effective date of this AD, install an automatic shutoff system for the auxiliary fuel tank pump, in accordance with Boeing Alert Service Bulletin 767–28A0083 (for Model 767–200, –300, and –300F airplanes) or 767–28A0084 (for Model 767–400ER airplanes), both Revision 1, dated April 26, 2007; as applicable. Installation According to Previous Issue of Service Bulletin (g) Installing an automatic shutoff system is also acceptable for compliance with the requirements of paragraph (f) of this AD if done before the effective date of this AD in accordance with Boeing Alert Service Bulletin 767–28A0083 or 767–28A0084, both dated May 3, 2006; as applicable. Revision of Airplane Flight Manual (AFM) (h) Concurrently with accomplishing the actions required by paragraph (f) of this AD: Revise the Boeing 767 AFM as specified in paragraphs (h)(1) and (h)(2) of this AD. This may be done by inserting a copy of this AD into the AFM. (1) Revise Section 1, Certificate Limitations, to include the following: ‘‘Intentional dry running of a center tank fuel pump (CTR L FUEL PUMP or CTR R FUEL PUMP message displayed on EICAS) is prohibited. Do not reset a tripped fuel pump or fuel pump control circuit breaker.’’ (2) Revise Section 3.1, Normal Procedures, to include the following: ‘‘CENTER TANK FUEL PUMPS Center tank fuel pumps must not be ‘‘ON’’ unless personnel are available in the flight deck to monitor low PRESS lights. For ground operations prior to engine start: The center tank fuel pump switches must not be positioned ON unless the center tank contains usable fuel. With center tank fuel pump switches ON, verify both center tank fuel pump low PRESS lights are illuminated and EICAS CTR L FUEL PUMP and CTR R FUEL PUMP messages are displayed. For ground operations after engine start and flight operations: The center tank fuel pump switch must be selected OFF when the respective CTR L FUEL PUMP or CTR R FUEL PUMP message displays. Both center tank fuel pump switches must be selected OFF when either the CTR L FUEL PUMP or CTR R FUEL PUMP message displays if the center tank is empty. During cruise flight, both center tank pump switches may be reselected ON whenever center tank usable fuel is indicated. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 51727 DE-FUELING AND FUEL TRANSFER When transferring fuel or de-fueling center or main wing tanks, the center fuel pump low PRESS must be monitored and the fuel pump switches positioned to ‘‘OFF’’ at the first indication of low pressure. Prior to transferring fuel or de-fueling, conduct a lamp test of the respective fuel pump low PRESS lights.’’ Note 2: When statements identical to those in paragraph (g) of this AD have been included in the general revisions of the AFM, the general revisions may be inserted into the AFM, and the copy of this AD may be removed from the AFM. Revision of Airworthiness Limitations (i) Concurrently with accomplishing the actions required by paragraph (f) of this AD: Revise Section 9 of the Boeing 767 Maintenance Planning Data (MPD) Document D622T001–9, ‘‘Airworthiness Limitations (AWLs) and Certification Maintenance Requirements (CMRs),’’ to incorporate Revision March 2006. Accomplishing the revision in accordance with a later revision of the MPD is an acceptable method of compliance if the revision is approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. Placard Installation (j) For Model 767–200, –300, or –300F airplanes that meet the conditions of paragraphs (j)(1) and (j)(2) of this AD: Within 30 days after the effective date of this AD, install a placard in the flight deck adjacent to each pilot’s primary flight display, to alert the flight crew to follow the procedures required by paragraph (b) of AD 2001–15–08. The placard must include the following statement: ‘‘AD 2001–15–08 fuel usage restrictions required.’’ Alternative placard wording may be used if approved by an appropriate FAA Principal Operations Inspector. Alternative placard methods and alternative methods of mixed fleet configuration control may be used if submitted for review in accordance with the procedures specified in paragraph (l) of this AD. (1) The airplane is operated in a fleet of airplanes on which the actions specified in paragraph (f) of this AD have been done on at least one of the fleet’s airplanes. (2) The actions specified in paragraph (i) of AD 2001–15–08 (installation of modified center tank override and override/jettison fuel pumps that are not subject to the unsafe condition described in this AD) or paragraph (f) of this AD have not been done on the airplane. Note 3: If the actions specified in paragraph (f) of this AD have been done on all airplanes operated within an operator’s fleet, or if operation according to the fuel usage restrictions of AD 2001–15–08 is maintained until automatic shutoff systems are installed on all airplanes in an operator’s fleet: No placard is necessary before removal of the wet shutoff restrictions of AD 2001– 15–08. E:\FR\FM\11SEP1.SGM 11SEP1 51728 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules Terminating Action for AD 2001–15–08 (k) For airplanes that have automatic shutoff systems installed: Accomplishment of paragraphs (f) and (j) of this AD terminates the requirements of paragraphs (b) and (c) of AD 2001–15–08. Alternative Methods of Compliance (AMOCs) (l)(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. (2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Issued in Renton, Washington, on August 31, 2007. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7–17830 Filed 9–10–07; 8:45 am] BILLING CODE 4910–13–P FEDERAL TRADE COMMISSION 16 CFR Part 435 Mail or Telephone Order Merchandise Federal Trade Commission. ACTION: Request for public comments. AGENCY: SUMMARY: The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) requests public comment on the overall costs, benefits, and regulatory and economic impact of its Mail or Telephone Order Merchandise Rule (‘‘MTOR’’ or ‘‘Rule’’), as part of the Commission’s systematic review of all current Commission regulations and guides. The Commission has made no determination respecting retention of the Rule. Assuming, for the sake of seeking comment, the record supports retaining the Rule, the Commission also requests public comment on possible changes to the Rule to bring it into conformity with changed market conditions. Comments will be accepted until November 7, 2007. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to ‘‘16 CFR Part 435 Comment – Mail or Telephone Order Merchandise Rule, Project No. P924214’’ to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope, and yshivers on PROD1PC62 with PROPOSALS DATES: VerDate Aug<31>2005 15:47 Sep 10, 2007 Jkt 211001 should be mailed or delivered to the following address: Federal Trade Commission/Office of the Secretary, Room H-135 (Annex K), 600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing confidential material, however, must be clearly labeled ‘‘Confidential,’’ and must comply with Commission Rule 4.2(d), 16 CFR 4.2(d).1 The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible, because postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Comments filed in electronic form should be submitted by following the instructions on the web-based form at https://secure.commentworks.com/ftcMTORComment. To ensure that the Commission considers an electronic comment, you must file it on that webbased form. You may also visit https:// www.regulations.gov to read this notice, and may file an electronic comment through that website. The Commission will consider all comments that www.regulations.gov forwards to it. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives, whether filed in paper or electronic form. Comments received will be available to the public on the FTC website, to the extent practicable, at https://www.ftc.gov. As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC website. More information, including routine uses permitted by the Privacy Act, may be found in the FTC’s privacy policy, at https://www.ftc.gov/ ftc/privacy.htm. FOR FURTHER INFORMATION CONTACT: Joel N. Brewer, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC, 20580; (202) 326-2967. SUPPLEMENTARY INFORMATION: I. Background The FTC promulgated the Mail Order Rule (as the Rule was then called) in 1The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission’s General Counsel, consistent with applicable law and the public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c). PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 1975 in response to consumer complaints that many merchants had failed to ship merchandise ordered by mail on time, failed to ship at all, or failed to provide prompt refunds for unshipped merchandise.2 A second proceeding in 1993 demonstrated that consumers who ordered merchandise by telephone experienced the same delayed shipment and refund problems. Accordingly, under authority of Section 18 of the FTC Act, 15 U.S.C. 57a, the Commission amended the Rule, effective March 1, 1994, to cover merchandise ordered by telephone, including by telefax or by computer through the use of a modem (e.g., Internet sales), and renamed it the ‘‘Mail or Telephone Order Merchandise Rule.’’3 Generally, the MTOR requires a merchant to: (1) have a reasonable basis for any express or implied shipment representation made in soliciting a sale; (2) ship within the time period promised and, if no time period is promised, within 30 days; (3) notify the consumer of, and obtain the consumer’s consent to, any delay in shipment; and (4) make prompt and full refunds when the consumer exercises a cancellation option or the merchant is unable to meet the Rule’s shipment or notification requirements. II. Changing Conditions With changes in technology and commercial practices, some of the Rule’s provisions may no longer fully achieve the Commission’s original goals. This section discusses these market changes and possible changes in the Rule’s language to address them. The Commission has not concluded whether the changes discussed in this part are substantive or non-substantive, and it seeks comment on this subject.4 The first such change concerns the uses of 240 FR 51582 (Oct. 22, 1975). The FTC initiated the rulemaking in 1971 under Section 6(g) of the FTC Act, 15 U.S.C. 46(g), and substantially completed the rulemaking when Congress amended the FTC Act by adopting Section 18, 15 U.S.C. 57a. By operation of law, the Commission treated the Mail Order Rule as having been promulgated under authority of Section 18. The Mail Order Rule took effect February 2, 1976. 358 FR 49095 (Sept. 21, 1993). 4Section 18 (a)(2) of the FTC Act, 15 U.S.C. 57a(a)(2), provides that in making substantive changes to rules that define with specificity unfair or deceptive acts or practices, the Commission must follow the procedures set forth in section 18(b)(1), 15 U.S.C. 57a(b)(1). Section 18(a)(2) also provides that, in making non-substantive rules (including interpretive rules) and general statements of policy, the Commission need not follow these procedures. Thus, the Commission could make non-substantive changes in accordance with sections 1.21 et seq. of the Commission’s Rules of Practice, 16 CFR 1.21 et seq., relating to rules promulgated under authority other than section 18(a)(1)(B) of the FTC Act. E:\FR\FM\11SEP1.SGM 11SEP1

Agencies

[Federal Register Volume 72, Number 175 (Tuesday, September 11, 2007)]
[Proposed Rules]
[Pages 51725-51728]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17830]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29173; Directorate Identifier 2006-NM-283-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 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 all Boeing Model 767 airplanes. This proposed AD would require 
installing an automatic shutoff system for the auxiliary fuel tank 
pump, revising the airplane flight manual (AFM) to advise the flight 
crew of certain operating restrictions for airplanes equipped with an 
automatic auxiliary fuel tank pump shutoff control, revising the 
Airworthiness Limitations (AWLs) section of certain maintenance 
documents to include new inspections of the automatic shutoff system 
for the auxiliary fuel tank boost pumps, and, for certain airplanes, 
installing a placard to alert the flight crew of certain fuel usage 
restrictions. This proposed AD results from a design review of the fuel 
tank systems. We are proposing this AD to prevent an overheat condition 
outside the pump explosion-resistance area that is open to the pump 
inlet, which could cause an ignition source for the fuel vapors in the 
fuel tank and result in fuel tank explosions and consequent loss of the 
airplane.

DATES: We must receive comments on this proposed AD by October 26, 
2007.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to https://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to https://
www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room W12-140 on the ground floor of the 
West Building, 1200 New Jersey Avenue, SE., 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: Judy Coyle, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6497; 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-2007-
29173; Directorate Identifier 2006-NM-283-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 https://
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 https://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket Operations office between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
Docket Operations office (telephone (800) 647-5227) is located on the 
ground floor of the West 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

    The FAA has 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'' 
(66 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

[[Page 51726]]

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 a 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.
    Initial results from the SFAR 88 analysis show that fuel pumps that 
run dry could cause an overheat condition outside the pump explosion-
resistance area that is open to the pump inlet, which could cause an 
ignition source for the fuel vapors in the fuel tank.
    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.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletins 767-28A0083 and 
767-28A0084, both Revision 1, dated April 26, 2007. The service 
bulletins describe procedures for installing an automatic shutoff 
system for the auxiliary fuel tank pump. The actions involve installing 
new relay brackets and relays in the P36 and P37 panels, and, for 
certain airplanes, in the P33 panels; changing the wiring in the 
panels; and installing wiring between the panels.
    We have also reviewed Section 9, ``Airworthiness Limitations (AWLs) 
and Certification Maintenance Requirements (CMRs),'' of Boeing 767 
Maintenance Planning Data (MPD) Document D622T001-9, Revision March 
2006. That revision adds new fuel system Airworthiness Limitations 
Instruction (ALI) 28-AWL-20 to Subsection G, ``AIRWORTHINESS 
LIMITATIONS--FUEL SYSTEM AWLs, of Section 9, which includes periodic 
inspections of the automatic shutoff system for the auxiliary tank fuel 
boost pumps to detect latent failures that could contribute to an 
ignition source. That revision also adds critical design configuration 
control limitation (CDCCL) 28-AWL-19, which includes a post-maintenance 
inspection of certain wiring in the fuel quantity indicating system. 
CDCCLs are limitation requirements to preserve a critical ignition 
source prevention feature of the fuel tank system design that is 
necessary to prevent the occurrence of an unsafe condition. The purpose 
of a CDCCL is to provide instruction to retain the critical ignition 
source prevention feature during configuration change that may be 
caused by alterations, repairs, or maintenance actions. A CDCCL is not 
a periodic inspection.
    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. For certain airplanes, this proposed 
AD would also require installing a placard to alert the flight crew of 
certain fuel usage restrictions imposed by AD 2001-15-08. This proposed 
AD would also allow accomplishing the AWL revision in accordance with 
later revisions of the MPD as an acceptable method of compliance if 
they are approved by the Manager, Seattle Aircraft Certification Office 
(ACO), FAA.

Costs of Compliance

    There are about 941 airplanes of the affected design in the 
worldwide fleet; of these, 414 are U.S. registered. The following table 
provides the estimated costs for U.S. operators to comply with this 
proposed AD. The total fleet cost could be as high as $4,655,016.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                      Average
      Affected airplanes            Affected        Work hours     hourly  labor       Parts         Cost per
                                 airplane groups                       rate                          airplane
----------------------------------------------------------------------------------------------------------------
767-200, 767-300, 767-300F....  1-39............              29             $80          $8,924         $11,244
                                40-79...........              25              80           8,495          10,495
                                80-81...........               3              80             420             660
767-400ER.....................  All.............              23              80           7,911           9,751
----------------------------------------------------------------------------------------------------------------

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;

[[Page 51727]]

    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-2007-29173; Directorate Identifier 2006-NM-
283-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by October 
26, 2007.

Affected ADs

    (b) Accomplishment of certain requirements of this AD terminates 
certain requirements of AD 2001-15-08, amendment 39-12342.

Applicability

    (c) This AD applies to all Boeing Model 767-200, -300, -300F, 
and -400ER series airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from a design review of the fuel tank 
systems. We are issuing this AD to prevent an overheat condition 
outside the pump explosion-resistance area that is open to the pump 
inlet, which could cause an ignition source for the fuel vapors in 
the fuel tank and 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.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (m) of this AD.

Installation

    (f) Within 36 months after the effective date of this AD, 
install an automatic shutoff system for the auxiliary fuel tank 
pump, in accordance with Boeing Alert Service Bulletin 767-28A0083 
(for Model 767-200, -300, and -300F airplanes) or 767-28A0084 (for 
Model 767-400ER airplanes), both Revision 1, dated April 26, 2007; 
as applicable.

Installation According to Previous Issue of Service Bulletin

    (g) Installing an automatic shutoff system is also acceptable 
for compliance with the requirements of paragraph (f) of this AD if 
done before the effective date of this AD in accordance with Boeing 
Alert Service Bulletin 767-28A0083 or 767-28A0084, both dated May 3, 
2006; as applicable.

Revision of Airplane Flight Manual (AFM)

    (h) Concurrently with accomplishing the actions required by 
paragraph (f) of this AD: Revise the Boeing 767 AFM as specified in 
paragraphs (h)(1) and (h)(2) of this AD. This may be done by 
inserting a copy of this AD into the AFM.
    (1) Revise Section 1, Certificate Limitations, to include the 
following:

    ``Intentional dry running of a center tank fuel pump (CTR L FUEL 
PUMP or CTR R FUEL PUMP message displayed on EICAS) is prohibited.
    Do not reset a tripped fuel pump or fuel pump control circuit 
breaker.''

    (2) Revise Section 3.1, Normal Procedures, to include the 
following:

``CENTER TANK FUEL PUMPS

    Center tank fuel pumps must not be ``ON'' unless personnel are 
available in the flight deck to monitor low PRESS lights.
    For ground operations prior to engine start:
    The center tank fuel pump switches must not be positioned ON 
unless the center tank contains usable fuel. With center tank fuel 
pump switches ON, verify both center tank fuel pump low PRESS lights 
are illuminated and EICAS CTR L FUEL PUMP and CTR R FUEL PUMP 
messages are displayed.
    For ground operations after engine start and flight operations: 
The center tank fuel pump switch must be selected OFF when the 
respective CTR L FUEL PUMP or CTR R FUEL PUMP message displays. Both 
center tank fuel pump switches must be selected OFF when either the 
CTR L FUEL PUMP or CTR R FUEL PUMP message displays if the center 
tank is empty. During cruise flight, both center tank pump switches 
may be reselected ON whenever center tank usable fuel is indicated.

DE-FUELING AND FUEL TRANSFER

    When transferring fuel or de-fueling center or main wing tanks, 
the center fuel pump low PRESS must be monitored and the fuel pump 
switches positioned to ``OFF'' at the first indication of low 
pressure. Prior to transferring fuel or de-fueling, conduct a lamp 
test of the respective fuel pump low PRESS lights.''

    Note 2: When statements identical to those in paragraph (g) of 
this AD have been included in the general revisions of the AFM, the 
general revisions may be inserted into the AFM, and the copy of this 
AD may be removed from the AFM.

Revision of Airworthiness Limitations

    (i) Concurrently with accomplishing the actions required by 
paragraph (f) of this AD: Revise Section 9 of the Boeing 767 
Maintenance Planning Data (MPD) Document D622T001-9, ``Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements 
(CMRs),'' to incorporate Revision March 2006. Accomplishing the 
revision in accordance with a later revision of the MPD is an 
acceptable method of compliance if the revision is approved by the 
Manager, Seattle Aircraft Certification Office (ACO), FAA.

Placard Installation

    (j) For Model 767-200, -300, or -300F airplanes that meet the 
conditions of paragraphs (j)(1) and (j)(2) of this AD: Within 30 
days after the effective date of this AD, install a placard in the 
flight deck adjacent to each pilot's primary flight display, to 
alert the flight crew to follow the procedures required by paragraph 
(b) of AD 2001-15-08. The placard must include the following 
statement:

    ``AD 2001-15-08 fuel usage restrictions required.''

Alternative placard wording may be used if approved by an 
appropriate FAA Principal Operations Inspector. Alternative placard 
methods and alternative methods of mixed fleet configuration control 
may be used if submitted for review in accordance with the 
procedures specified in paragraph (l) of this AD.
    (1) The airplane is operated in a fleet of airplanes on which 
the actions specified in paragraph (f) of this AD have been done on 
at least one of the fleet's airplanes.
    (2) The actions specified in paragraph (i) of AD 2001-15-08 
(installation of modified center tank override and override/jettison 
fuel pumps that are not subject to the unsafe condition described in 
this AD) or paragraph (f) of this AD have not been done on the 
airplane.

    Note 3: If the actions specified in paragraph (f) of this AD 
have been done on all airplanes operated within an operator's fleet, 
or if operation according to the fuel usage restrictions of AD 2001-
15-08 is maintained until automatic shutoff systems are installed on 
all airplanes in an operator's fleet: No placard is necessary before 
removal of the wet shutoff restrictions of AD 2001-15-08.


[[Page 51728]]



Terminating Action for AD 2001-15-08

    (k) For airplanes that have automatic shutoff systems installed: 
Accomplishment of paragraphs (f) and (j) of this AD terminates the 
requirements of paragraphs (b) and (c) of AD 2001-15-08.

Alternative Methods of Compliance (AMOCs)

    (l)(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.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

    Issued in Renton, Washington, on August 31, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-17830 Filed 9-10-07; 8:45 am]
BILLING CODE 4910-13-P
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