Airworthiness Directives; Boeing Model 747 Airplanes, 52911-52914 [E8-20364]

Download as PDF Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), 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. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: ■ PART 39—AIRWORTHINESS DIRECTIVES 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 FAA amends § 39.13 by adding the following new AD: ■ 2008–19–04 Boeing: Amendment 39–15671. Docket No. FAA–2008–0967; Directorate Identifier 2008–NM–152–AD. Effective Date (a) This airworthiness directive (AD) is effective September 29, 2008. Affected ADs (b) None. Applicability (c) This AD applies to Boeing Model 777– 200 and –300 series airplanes, certificated in any category; equipped with Rolls-Royce Model RB211–TRENT 800 series engines. ebenthall on PROD1PC60 with RULES Unsafe Condition (d) This AD results from a report of the uncommanded reduction in thrust on both engines because of reduced fuel flows. We are issuing this AD to prevent ice from accumulating in the main tank fuel feed system, which, when released, could result in a restriction in the engine fuel system. Such a restriction could result in failure to achieve a commanded thrust, and consequent forced landing of the airplane. Compliance (e) Comply with this AD within the compliance times specified, unless already done. Airplane Flight Manual (AFM) Revision (f) Within 10 days after the effective date of this AD, revise the Limitations section of the AFM to include the following statement. VerDate Aug<31>2005 14:19 Sep 11, 2008 Jkt 214001 This may be done by inserting a copy of this AD in the AFM. ‘‘On ground, after refueling, check fuel temperature if fuel temperature indication is operative. If fuel temperature is colder than 0 degrees C or if fuel temperature indication is inoperative, verify that a record exists certifying that the approved fuel circulation procedure was performed. ‘‘Perform all step climbs using VNAV or maximum climb thrust. ‘‘In flight, within 3 hours of top of descent, but not less than 15 minutes before top of descent, check fuel temperature. If fuel temperature is colder than ¥10 degrees C, perform a step climb using maximum climb thrust. If a step climb using maximum climb thrust cannot be accomplished, verify cruise speed is set to 0.84 Mach or less, and manually advance thrust levers to maximum (autothrottles may be overridden). After reaching maximum climb thrust, hold for 10 seconds or until reaching 0.86 Mach, whichever occurs first. Check engines to ensure they have achieved maximum climb thrust and operate normally.’’ Fuel Circulation Procedure (g) As of 10 days after the effective date of this AD: If the fuel temperature has not exceeded 0 degrees Celsius during the ground turn, before further flight, using the main tank fuel boost pumps, pump fuel through the fuel manifold using the high flow mode for a minimum of one minute. A certified mechanic must do the fuel circulation procedure required by this paragraph using a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. (h) Before further flight after accomplishing the action required by paragraph (g) of this AD, make a record in which the person accomplishing the procedure certifies that it was accomplished in accordance with the approved method, and provide the record to the flightcrew. Under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has approved the information collection requirements contained in this AD and has assigned OMB Control Number 2120–0056. Special Flight Permit (i) Special flight permits, as described in section 21.197 and section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199), are not allowed. Alternative Methods of Compliance (AMOCs) (j)(1) The Manager, Seattle ACO, FAA, ATTN: Margaret Langsted, Aerospace Engineer, Propulsion Branch, ANM–140S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6500; fax (425) 917–6590; has the authority to approve AMOCs for this AD, if requested using 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, PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 52911 notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Material Incorporated by Reference (k) None. Issued in Renton, Washington, on September 5, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–21138 Filed 9–11–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0091; Directorate Identifier 2007–NM–311–AD; Amendment 39–15666; AD 2008–18–09] RIN 2120–AA64 Airworthiness Directives; Boeing Model 747 Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: SUMMARY: We are adopting a new airworthiness directive (AD) for certain Boeing Model 747 airplanes. This AD requires modification of the refuel valve control unit for the reserve fuel tanks. This AD also requires a revision to the FAA-approved maintenance program to incorporate airworthiness limitation (AWL) No. 28–AWL–20 or AWL No. 28– AWL–25, as applicable. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent lightning-induced electrical energy from entering a reserve fuel tank through the refuel valve, which could result in a fuel tank explosion and consequent loss of the airplane. DATES: This AD is effective October 17, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of October 17, 2008. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD E:\FR\FM\12SER1.SGM 12SER1 52912 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800–647–5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Sulmo Mariano, Aerospace Engineer, Propulsion Branch, ANM–140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6501; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to certain Boeing Model 747 airplanes. That NPRM was published in the Federal Register on January 31, 2008 (73 FR 5770). That NPRM proposed to require modification of the refuel valve control unit for the reserve fuel tanks. That NPRM also proposed to require a revision to the FAA-approved maintenance program to incorporate airworthiness limitation (AWL) No. 28– AWL–20 or AWL No. 28–AWL–25, as applicable. ebenthall on PROD1PC60 with RULES Actions Since NPRM Was Issued On April 28, 2008, we issued AD 2008–10–07, amendment 39–15513 (73 FR 25977, May 8, 2008), applicable to certain Boeing Model 747–100, 747– 100B, 747–100B SUD, 747–200B, 747– 200C, 747–200F, 747–300, 747SR, and 747SP series airplanes. That AD requires revising the FAA-approved maintenance program by incorporating new AWLs for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 (‘‘SFAR 88’’) requirements. That AD also requires the initial inspection of certain repetitive AWL inspections to phase in those inspections, and repair if necessary. As an optional action, that AD also allows incorporating AWL No. 28–AWL–20 into the FAA-approved maintenance program. Therefore, we have added a new paragraph (i) to this AD, which states that incorporating AWL No. 28– AWL–20 into the FAA-approved maintenance program in accordance with paragraph (g) of AD 2008–10–07 terminates the action required by paragraph (g)(1) of this AD, for the applicable airplanes. On April 28, 2008, we issued AD 2008–10–06, amendment 39–15512 (73 VerDate Aug<31>2005 14:19 Sep 11, 2008 Jkt 214001 FR 25990, May 8, 2008), applicable to certain Boeing Model 747–400, 747– 400D, and 747–400F series airplanes. That AD requires revising the FAAapproved maintenance program by incorporating new AWLs for fuel tank systems to satisfy SFAR 88 requirements. That AD also requires the initial inspection of certain repetitive AWL inspections to phase in those inspections, and repair if necessary. As an optional action, that AD also allows incorporating AWL No. 28–AWL–25 into the FAA-approved maintenance program. Therefore, we have added a new paragraph (j) to this AD, which states that incorporating AWL No. 28– AWL–25 into the FAA-approved maintenance program in accordance with paragraph (g)(3) of AD 2008–10–06 terminates the action required by paragraph (g)(2) of this AD, for the applicable airplanes. Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received from the four commenters. Request To Allow Use of Future Revisions to the Service Bulletin Boeing and Japan Airlines (JAL) request that we revise paragraph (f) of the NPRM to specify that the proposed modification may also be done in accordance with any future approved revisions to Boeing Alert Service Bulletin 747–28A2291. As justification, Boeing states that the service bulletin could be revised by the time we issue this AD. JAL states that, during validation of the original issue of the service bulletin, Boeing found minor discrepancies with the service bulletin, which Boeing will correct in the next revision to the service bulletin. We disagree with revising paragraph (f) of this AD, since Boeing has not issued a revision to the service bulletin. If the service bulletin is revised after issuance of this AD, we might consider approving the revised service bulletin as an alternative method of compliance (AMOC). Further, we have removed all references to the use of a ‘‘later revision’’ of the applicable service information from paragraphs (g)(1) and (g)(2) of this AD to be consistent with FAA policies and Office of the Federal Register regulations. We may consider approving the use of later revisions of the service information as an AMOC with this AD, as provided by paragraph (k) of this AD. Request To Revise Paragraph (g) KLM Royal Dutch Airlines (KLM) states that the intent of paragraph (g) of PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 the NPRM is to maintain the design features introduced in accordance with Boeing Alert Service Bulletin 747– 28A2291, dated September 27, 2007, when the reserve tank fueling valve controller is removed and replaced. KLM thinks that it is clearer if paragraph (g) of the NPRM states that the critical design configuration control limitations (CDCCLs) must be incorporated into the applicable paragraphs of the aircraft maintenance manual (AMM) to maintain these design features. We infer that KLM requests that we revise paragraphs (g)(1) and (g)(2) of this AD as proposed above. We disagree because it is insufficient to only update the AMM with CDCCL notes. CDCCLs are airworthiness limitations. This AD requires revising an operator’s FAAapproved maintenance program to include the new CDCCL, but it does not require specific changes to the AMM. We have not changed this AD in this regard. Request To Extend Compliance Time Lufthansa requests that we extend the compliance time from 60 months to 72 months for accomplishing the proposed modification. Lufthansa states that this extension will allow operators to implement the modification at the next maintenance layover. We do not agree with Lufthansa’s request to extend the compliance time. The operator provides no technical justification for revising the compliance time. In developing an appropriate compliance time for this AD, we considered the urgency associated with the subject unsafe condition and the practical aspect of accomplishing the required modification on the 747 fleet in a timely manner. Also, the modification requires less than 7 work hours, which may be done as separate work packages during regular maintenance. However, according to the provisions of paragraph (k) of this AD, we may approve requests to adjust the compliance time if the request includes data that prove that the new compliance time would provide an acceptable level of safety. No change to this AD is necessary in this regard. Other Change Made to This AD For standardization purposes, we have added a new paragraph (h) to this AD to specify that no alternative CDCCLs may be used unless they are approved as an AMOC. Inclusion of this paragraph in the AD is intended to ensure that the AD-mandated airworthiness limitations changes are treated the same as the airworthiness limitations issued with the original type certificate. E:\FR\FM\12SER1.SGM 12SER1 52913 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. Costs of Compliance following table provides the estimated costs, at an average labor rate of $80 per hour, for U.S. operators to comply with this AD. We estimate that this AD affects about 300 airplanes of U.S. registry. The ESTIMATED COSTS Action Work hours Parts Cost per product Modification ........................................................................ Maintenance program revision ........................................... Up to 7 .................. 1 ............................ Up to $286 ............ None ..................... Up to $846 ............ $80 ........................ 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. ebenthall on PROD1PC60 with RULES Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), 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. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. VerDate Aug<31>2005 14:19 Sep 11, 2008 Jkt 214001 List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: ■ PART 39—AIRWORTHINESS DIRECTIVES 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 FAA amends § 39.13 by adding the following new AD: ■ 2008–18–09 Boeing: Amendment 39–15666. Docket No. FAA–2008–0091; Directorate Identifier 2007–NM–311–AD. Effective Date (a) This airworthiness directive (AD) is effective October 17, 2008. Affected ADs (b) None. Applicability (c) This AD applies to Boeing Model 747– 100, 747–100B, 747–100B SUD, 747–200B, 747–200C, 747–200F, 747–300, 747–400, 747–400D, 747–400F, 747SR, and 747SP series airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin 747–28A2291, dated September 27, 2007. 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 (k) of this AD. The request should include a description of changes to the required inspections that will ensure the continued operational safety of the airplane. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 Fleet cost Up to $253,800. $24,000. Unsafe Condition (d) This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent lightninginduced electrical energy from entering a reserve fuel tank through the refuel valve, which could result in a fuel tank explosion and consequent loss of the airplane. Compliance (e) Comply with this AD within the compliance times specified, unless already done. Modification (f) Within 60 months after the effective date of this AD, modify the refuel valve control unit for the reserve fuel tanks, by accomplishing all of the applicable actions specified in the Accomplishment Instructions of Boeing Alert Service Bulletin 747–28A2291, dated September 27, 2007. Maintenance Program Revision (g) Concurrently with accomplishing the modification required by paragraph (f) of this AD, revise the FAA-approved maintenance program by incorporating the information specified in paragraph (g)(1) or (g)(2) of this AD, as applicable. (1) For Model 747–100, 747–100B, 747– 100B SUD, 747–200B, 747–200C, 747–200F, 747–300, 747SR, and 747SP series airplanes: Incorporate AWL No. 28–AWL–20 of Section D of the Boeing 747–100/200/300/SP Airworthiness Limitations (AWLs) and Certification Maintenance Requirements (CMRs), D6–13747–CMR, Revision January 2007, into the FAA-approved maintenance program. (2) For Model 747–400, 747–400D, and 747–400F series airplanes: Incorporate AWL No. 28–AWL–25 of Subsection D of the Boeing 747–400 Maintenance Planning Data (MPD) Document, D621U400–9, Section 9, Revision 24, dated June 2006, into the FAAapproved maintenance program. No Alternative Critical Design Configuration Control Limitations (CDCCLs) (h) After accomplishing the applicable action specified in paragraph (g) of this AD, no alternative CDCCLs may be used unless the CDCCLs are approved as an AMOC in accordance with the procedures specified in paragraph (k) of this AD. E:\FR\FM\12SER1.SGM 12SER1 52914 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations Terminating Action for Maintenance Program Revision (i) For Model 747–100, 747–100B, 747– 100B SUD, 747–200B, 747–200C, 747–200F, 747–300, 747SR, and 747SP series airplanes: Incorporating AWL No. 28–AWL–20 into the FAA-approved maintenance program in accordance with paragraph (g) of AD 2008– 10–07, amendment 39–15513, terminates the action required by paragraph (g)(1) of this AD. (j) For Model 747–400, 747–400D, and 747–400F series airplanes: Incorporating AWL No. 28–AWL–25 into the FAAapproved maintenance program in accordance with paragraph (g)(3) of AD 2008–10–06, amendment 39–15512, terminates the action required by paragraph (g)(2) of this AD. Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, Seattle ACO, FAA, ATTN: Sulmo Mariano, Aerospace Engineer, Propulsion Branch, ANM–140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057– 3356; telephone (425) 917–6501; fax (425) 917–6590; has the authority to approve AMOCs for this AD, if requested using 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. Material Incorporated by Reference (l) You must use the service information contained in Table 1 of this AD to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207. (3) You may review copies of the service information that is incorporated by reference at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. TABLE 1—MATERIAL INCORPORATED BY REFERENCE Service information Revision Date Boeing Alert Service Bulletin 747–28A2291 ................................................................................... Boeing 747–100/200/300/SP Airworthiness Limitations (AWLs) and Certification Maintenance Requirements (CMRs), D6–13747–CMR. Boeing 747–400 Maintenance Planning Data (MPD) Document, D621U400–9, Section 9 ........... Original ...................... January 2007 ............ September 27, 2007. January 2007. 24 .............................. June 2006. Issued in Renton, Washington, on August 25, 2008. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–20364 Filed 9–11–08; 8:45 am] Discussion BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration RIN 2120–AA64 You may examine the AD docket on the Internet at https:// www.regulations.gov or in person at the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC. ADDRESSES: Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–135BJ Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: FOR FURTHER INFORMATION CONTACT: We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct SUMMARY: ebenthall on PROD1PC60 with RULES We are issuing this AD to require actions to correct the unsafe condition on these products. This AD becomes effective October 17, 2008. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 17, 2008. [Docket No. FAA–2008–0416; Directorate Identifier 2007–NM–297–AD; Amendment 39–15656; AD 2008–17–18] 14:19 Sep 11, 2008 It has been found the occurrence of cable guard pins not installed in the aileron control system, which may lead to jamming of the aileron control cables, reducing the aircraft controllability. DATES: 14 CFR Part 39 VerDate Aug<31>2005 an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Jkt 214001 Sanjay Ralhan, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1405; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on April 29, 2008 (73 FR 23132). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: It has been found the occurrence of cable guard pins not installed in the aileron control system, which may lead to jamming of the aileron control cables, reducing the aircraft controllability. The corrective actions include inspecting for possible absence of the cable guard pins in the aileron control system inside the wings, and installing new ones bearing the same part number. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We considered the single comment received. Request To Withdraw the NPRM EMBRAER requests that the NPRM be withdrawn. The commenter states that the missing aileron cable guard was discovered during a normal C-check and that there is no field report of any event caused by the missing pin. EMBRAER E:\FR\FM\12SER1.SGM 12SER1

Agencies

[Federal Register Volume 73, Number 178 (Friday, September 12, 2008)]
[Rules and Regulations]
[Pages 52911-52914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20364]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0091; Directorate Identifier 2007-NM-311-AD; 
Amendment 39-15666; AD 2008-18-09]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Boeing Model 747 airplanes. This AD requires modification of the refuel 
valve control unit for the reserve fuel tanks. This AD also requires a 
revision to the FAA-approved maintenance program to incorporate 
airworthiness limitation (AWL) No. 28-AWL-20 or AWL No. 28-AWL-25, as 
applicable. This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent lightning-induced 
electrical energy from entering a reserve fuel tank through the refuel 
valve, which could result in a fuel tank explosion and consequent loss 
of the airplane.

DATES: This AD is effective October 17, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 17, 
2008.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://
www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD

[[Page 52912]]

docket contains this AD, the regulatory evaluation, any comments 
received, and other information. The address for the Docket Office 
(telephone 800-647-5527) is the Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: Sulmo Mariano, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6501; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain Boeing Model 747 airplanes. That NPRM was published in the 
Federal Register on January 31, 2008 (73 FR 5770). That NPRM proposed 
to require modification of the refuel valve control unit for the 
reserve fuel tanks. That NPRM also proposed to require a revision to 
the FAA-approved maintenance program to incorporate airworthiness 
limitation (AWL) No. 28-AWL-20 or AWL No. 28-AWL-25, as applicable.

Actions Since NPRM Was Issued

    On April 28, 2008, we issued AD 2008-10-07, amendment 39-15513 (73 
FR 25977, May 8, 2008), applicable to certain Boeing Model 747-100, 
747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, 
and 747SP series airplanes. That AD requires revising the FAA-approved 
maintenance program by incorporating new AWLs for fuel tank systems to 
satisfy Special Federal Aviation Regulation No. 88 (``SFAR 88'') 
requirements. That AD also requires the initial inspection of certain 
repetitive AWL inspections to phase in those inspections, and repair if 
necessary. As an optional action, that AD also allows incorporating AWL 
No. 28-AWL-20 into the FAA-approved maintenance program. Therefore, we 
have added a new paragraph (i) to this AD, which states that 
incorporating AWL No. 28-AWL-20 into the FAA-approved maintenance 
program in accordance with paragraph (g) of AD 2008-10-07 terminates 
the action required by paragraph (g)(1) of this AD, for the applicable 
airplanes.
    On April 28, 2008, we issued AD 2008-10-06, amendment 39-15512 (73 
FR 25990, May 8, 2008), applicable to certain Boeing Model 747-400, 
747-400D, and 747-400F series airplanes. That AD requires revising the 
FAA-approved maintenance program by incorporating new AWLs for fuel 
tank systems to satisfy SFAR 88 requirements. That AD also requires the 
initial inspection of certain repetitive AWL inspections to phase in 
those inspections, and repair if necessary. As an optional action, that 
AD also allows incorporating AWL No. 28-AWL-25 into the FAA-approved 
maintenance program. Therefore, we have added a new paragraph (j) to 
this AD, which states that incorporating AWL No. 28-AWL-25 into the 
FAA-approved maintenance program in accordance with paragraph (g)(3) of 
AD 2008-10-06 terminates the action required by paragraph (g)(2) of 
this AD, for the applicable airplanes.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the four commenters.

Request To Allow Use of Future Revisions to the Service Bulletin

    Boeing and Japan Airlines (JAL) request that we revise paragraph 
(f) of the NPRM to specify that the proposed modification may also be 
done in accordance with any future approved revisions to Boeing Alert 
Service Bulletin 747-28A2291. As justification, Boeing states that the 
service bulletin could be revised by the time we issue this AD. JAL 
states that, during validation of the original issue of the service 
bulletin, Boeing found minor discrepancies with the service bulletin, 
which Boeing will correct in the next revision to the service bulletin.
    We disagree with revising paragraph (f) of this AD, since Boeing 
has not issued a revision to the service bulletin. If the service 
bulletin is revised after issuance of this AD, we might consider 
approving the revised service bulletin as an alternative method of 
compliance (AMOC). Further, we have removed all references to the use 
of a ``later revision'' of the applicable service information from 
paragraphs (g)(1) and (g)(2) of this AD to be consistent with FAA 
policies and Office of the Federal Register regulations. We may 
consider approving the use of later revisions of the service 
information as an AMOC with this AD, as provided by paragraph (k) of 
this AD.

Request To Revise Paragraph (g)

    KLM Royal Dutch Airlines (KLM) states that the intent of paragraph 
(g) of the NPRM is to maintain the design features introduced in 
accordance with Boeing Alert Service Bulletin 747-28A2291, dated 
September 27, 2007, when the reserve tank fueling valve controller is 
removed and replaced. KLM thinks that it is clearer if paragraph (g) of 
the NPRM states that the critical design configuration control 
limitations (CDCCLs) must be incorporated into the applicable 
paragraphs of the aircraft maintenance manual (AMM) to maintain these 
design features.
    We infer that KLM requests that we revise paragraphs (g)(1) and 
(g)(2) of this AD as proposed above. We disagree because it is 
insufficient to only update the AMM with CDCCL notes. CDCCLs are 
airworthiness limitations. This AD requires revising an operator's FAA-
approved maintenance program to include the new CDCCL, but it does not 
require specific changes to the AMM. We have not changed this AD in 
this regard.

Request To Extend Compliance Time

    Lufthansa requests that we extend the compliance time from 60 
months to 72 months for accomplishing the proposed modification. 
Lufthansa states that this extension will allow operators to implement 
the modification at the next maintenance layover.
    We do not agree with Lufthansa's request to extend the compliance 
time. The operator provides no technical justification for revising the 
compliance time. In developing an appropriate compliance time for this 
AD, we considered the urgency associated with the subject unsafe 
condition and the practical aspect of accomplishing the required 
modification on the 747 fleet in a timely manner. Also, the 
modification requires less than 7 work hours, which may be done as 
separate work packages during regular maintenance. However, according 
to the provisions of paragraph (k) of this AD, we may approve requests 
to adjust the compliance time if the request includes data that prove 
that the new compliance time would provide an acceptable level of 
safety. No change to this AD is necessary in this regard.

Other Change Made to This AD

    For standardization purposes, we have added a new paragraph (h) to 
this AD to specify that no alternative CDCCLs may be used unless they 
are approved as an AMOC. Inclusion of this paragraph in the AD is 
intended to ensure that the AD-mandated airworthiness limitations 
changes are treated the same as the airworthiness limitations issued 
with the original type certificate.

[[Page 52913]]

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We also determined that 
these changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects about 300 airplanes of U.S. 
registry. The following table provides the estimated costs, at an 
average labor rate of $80 per hour, for U.S. operators to comply with 
this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
            Action                  Work hours           Parts       Cost per product          Fleet cost
----------------------------------------------------------------------------------------------------------------
Modification..................  Up to 7..........  Up to $286......  Up to $846......  Up to $253,800.
Maintenance program revision..  1................  None............  $80.............  $24,000.
----------------------------------------------------------------------------------------------------------------

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

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979), 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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-18-09 Boeing: Amendment 39-15666. Docket No. FAA-2008-0091; 
Directorate Identifier 2007-NM-311-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective October 17, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747-100, 747-100B, 747-100B 
SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-
400F, 747SR, and 747SP series airplanes, certificated in any 
category; as identified in Boeing Alert Service Bulletin 747-
28A2291, dated September 27, 2007.

    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 (k) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent lightning-induced 
electrical energy from entering a reserve fuel tank through the 
refuel valve, which could result in a fuel tank explosion and 
consequent loss of the airplane.

Compliance

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

Modification

    (f) Within 60 months after the effective date of this AD, modify 
the refuel valve control unit for the reserve fuel tanks, by 
accomplishing all of the applicable actions specified in the 
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
28A2291, dated September 27, 2007.

Maintenance Program Revision

    (g) Concurrently with accomplishing the modification required by 
paragraph (f) of this AD, revise the FAA-approved maintenance 
program by incorporating the information specified in paragraph 
(g)(1) or (g)(2) of this AD, as applicable.
    (1) For Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-
200C, 747-200F, 747-300, 747SR, and 747SP series airplanes: 
Incorporate AWL No. 28-AWL-20 of Section D of the Boeing 747-100/
200/300/SP Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs), D6-13747-CMR, Revision January 
2007, into the FAA-approved maintenance program.
    (2) For Model 747-400, 747-400D, and 747-400F series airplanes: 
Incorporate AWL No. 28-AWL-25 of Subsection D of the Boeing 747-400 
Maintenance Planning Data (MPD) Document, D621U400-9, Section 9, 
Revision 24, dated June 2006, into the FAA-approved maintenance 
program.

No Alternative Critical Design Configuration Control Limitations 
(CDCCLs)

    (h) After accomplishing the applicable action specified in 
paragraph (g) of this AD, no alternative CDCCLs may be used unless 
the CDCCLs are approved as an AMOC in accordance with the procedures 
specified in paragraph (k) of this AD.

[[Page 52914]]

Terminating Action for Maintenance Program Revision

    (i) For Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-
200C, 747-200F, 747-300, 747SR, and 747SP series airplanes: 
Incorporating AWL No. 28-AWL-20 into the FAA-approved maintenance 
program in accordance with paragraph (g) of AD 2008-10-07, amendment 
39-15513, terminates the action required by paragraph (g)(1) of this 
AD.
    (j) For Model 747-400, 747-400D, and 747-400F series airplanes: 
Incorporating AWL No. 28-AWL-25 into the FAA-approved maintenance 
program in accordance with paragraph (g)(3) of AD 2008-10-06, 
amendment 39-15512, terminates the action required by paragraph 
(g)(2) of this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle ACO, FAA, ATTN: Sulmo Mariano, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6501; fax (425) 917-6590; 
has the authority to approve AMOCs for this AD, if requested using 
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.

Material Incorporated by Reference

    (l) You must use the service information contained in Table 1 of 
this AD to do the actions required by this AD, unless the AD 
specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 
98124-2207.
    (3) You may review copies of the service information that is 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or 
go to: https://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

                                   Table 1--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
          Service information                         Revision                               Date
----------------------------------------------------------------------------------------------------------------
Boeing Alert Service Bulletin 747-      Original...........................  September 27, 2007.
 28A2291.
Boeing 747-100/200/300/SP               January 2007.......................  January 2007.
 Airworthiness Limitations (AWLs) and
 Certification Maintenance
 Requirements (CMRs), D6-13747-CMR.
Boeing 747-400 Maintenance Planning     24.................................  June 2006.
 Data (MPD) Document, D621U400-9,
 Section 9.
----------------------------------------------------------------------------------------------------------------


    Issued in Renton, Washington, on August 25, 2008.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-20364 Filed 9-11-08; 8:45 am]
BILLING CODE 4910-13-P
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