Airworthiness Directives; Boeing Model 767 Airplanes, 61378-61381 [E8-24579]
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61378
Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Proposed Rules
TABLE 2—INSPECTIONS
Reference No.
Compliance time
(whichever occurs later)
Description
Threshold
28–41–01–720–001–A00 ..
Functionally Check Fuel
Conditioning Unit (FCU).
28–46–05–720–001–A00 ..
Functionally Check Auxiliary Fuel Conditioning
Unit (VFCU).
(2) After accomplishing the actions
specified in paragraphs (g)(1) of this AD, no
alternative inspections, or inspection
intervals, may be used unless the inspections
or intervals are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (h) of this AD.
FAA AD Differences
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Note 2: This AD differs from the MCAI
and/or service information as follows:
(1) The MCAI specifies a compliance date
of ‘‘Before December 31, 2008’’ for doing the
ALI revisions. We have already issued
regulations that require operators to revise
their maintenance/inspection programs to
address fuel tank safety issues. The
compliance date for these regulations is
December 16, 2008. To provide for
coordinated implementation of these
regulations and this AD, we are using this
same compliance date in this AD.
(2) The MCAI specifies a compliance time
of 180 days to revise the ALS of the ICA to
incorporate items 1, 2, and 3 of Section A2.4
of Appendix 2 of the MPG. This AD requires
a compliance time of 90 days to do this
revision. This difference has been
coordinated with ANAC.
(3) EMBRAER Legacy BJ—Maintenance
Planning Guide MPG–1483, Revision 5, dated
March 22, 2007, specifies compliance times
to do tasks 28–41–01–720–001–A00 and 28–
46–05–720–001–A00 for certain components
based on flight hours of the airplane. This AD
requires that the tasks be done at compliance
times based on flight hours of the
component.
Other FAA AD Provisions
(h) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
Send information to ATTN: 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. 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.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
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Grace period
Before the accumulation of
10,000 total flight hours
on the FCU.
Before the accumulation of
10,000 total flight hours
on the auxiliary FCU.
Within 90 days after December 16, 2008.
Within 90 days after December 16, 2008.
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
(i) Refer to Brazilian Airworthiness
Directive 2007–08–01, effective September
27, 2007; and Sections A2.5.2, Fuel System
Limitation Items, and A2.4, Critical Design
Configuration Control Limitation (CDCCL), of
Appendix 2 of the MPG; for related
information.
Issued in Renton, Washington, on
September 26, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–24583 Filed 10–15–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–28035; Directorate
Identifier 2006–NM–293–AD]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 767 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
AGENCY:
SUMMARY: We are revising an earlier
proposed airworthiness directive (AD)
for certain Boeing Model 767 airplanes.
The original NPRM would have
required sealing certain fasteners and
stiffeners in the fuel tank, and changing
certain wire bundle clamp
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Repeat inspection
interval
10,000 flight hours on the
FCU since the last functional check.
10,000 flight hours on the
auxiliary FCU since the
last functional check.
configurations on the fuel tank walls.
The original NPRM resulted from fuel
system reviews conducted by the
manufacturer. This action revises the
original NPRM by adding inspections,
for certain airplanes, of additional
fasteners in the fuel tanks and of the
method of attachment of the vortex
generators, and corrective action if
necessary. We are proposing this
supplemental NPRM to prevent possible
ignition sources in the auxiliary fuel
tank, main fuel tanks, and surge tanks
caused by a wiring short or lightning
strike, which could result in fuel tank
explosions and consequent loss of the
airplane.
We must receive comments on
this supplemental NPRM by November
10, 2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• 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.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this AD, contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
Washington 98124–2207.
DATES:
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
docket contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
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Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Proposed Rules
(telephone (800) 647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
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 send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2007–28035; Directorate Identifier
2006–NM–293–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
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Discussion
We issued a notice of proposed
rulemaking (NPRM) (the ‘‘original
NPRM’’) to amend 14 CFR part 39 to
include an airworthiness directive (AD)
that would apply to certain Boeing
Model 767 airplanes. That original
NPRM was published in the Federal
Register on April 30, 2007 (72 FR
21166). That original NPRM proposed to
require sealing certain fasteners and
stiffeners in the fuel tank, and changing
certain wire bundle clamp
configurations on the fuel tank walls.
Actions Since Original NPRM Was
Issued
The NPRM referred to Boeing Alert
Service Bulletins 767–57A0102, dated
October 25, 2006, and 767–57A0100,
dated August 21, 2006, as the
appropriate sources of service
information for the proposed
requirements. Since we issued the
NPRM, Boeing revised the service
bulletins.
Service Bulletin 767–57A0102,
Revision 1, dated November 27, 2007,
provides the following changes:
• Corrects the specified location of
fasteners that must be sealed on the rear
spar in the auxiliary fuel tank;
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15:35 Oct 15, 2008
Jkt 214001
• Corrects the specified location of
fasteners that must be sealed at rib 28
on the front spar;
• Adds work packages, for airplanes
on which the original issue of the
service bulletin was accomplished, for
general visual inspections of the sealant
of the fasteners in the auxiliary fuel tank
center bay and the fasteners at rib 28 of
the left and right main fuel tanks, and
sealing any unsealed fasteners;
• Identifies additional access doors
necessary for access to the fuel tanks;
and
• Specifies permitted alternative fuel
tank sealants.
The new work packages are necessary
because the original issue of this service
bulletin specified incorrect locations for
certain fasteners on the rear spar of the
auxiliary fuel tank and the front spar of
the main wing. If the correct fasteners
are not sealed, there is a risk that arcing
from a short can enter the fuel tank and
become an ignition source. We have
revised paragraphs (c) and (g) of this
supplemental NPRM to refer to Revision
1 of the service bulletin.
Service Bulletin 767–57A0100,
Revision 1, dated June 19, 2008, adds
procedures for certain airplanes (Group
3 airplanes) for a general visual
inspection to determine the method of
attachment of the vortex generators. For
vortex generators attached with
adhesive alone, no more work is
necessary. For vortex generators
attached with fasteners, the service
bulletin provides procedures for sealing
the fasteners.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Support for the NPRM
Continental Airlines has no objection
to the NPRM. The Air Transport
Association (ATA) agrees with the
intent of the NPRM. American Airlines
understands and agrees with our efforts
to prevent the identified unsafe
condition.
Request for Warranty Coverage
Hawaiian Airlines questions why
Service Bulletin 767–57A0102 is not
covered under warranty. The
commenter states that the original
equipment manufacturer (OEM) should
cover the costs to do the required extra
protection for fuel ignition shorts. The
commenter added that 335 work hours
and about $2,000 for parts per airplane
is very costly for airline operators.
We have no involvement in warranty
agreements between the airlines and the
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61379
OEM. We have not changed the final
rule regarding this issue.
Request To Extend Compliance Time
The ATA and American Airlines
request that we extend the proposed
compliance time from 60 months to 72
months. The longer interval would
minimize fuel tank entry and
corresponds to the existing ‘‘4C’’
maintenance interval established by the
Boeing 767 Maintenance Review Board
(MRB), when significant maintenance
(such as maintenance requiring fuel
tank entry) is scheduled. The ATA
states that the use of that interval would
avoid the need to accomplish the
proposed actions in portions of airline
inventories during unique, unscheduled
visits. American Airlines states that its
cost to comply with the AD would be
7 percent higher with the proposed 60month compliance time (versus a 72month compliance time).
While we agree that reducing fuel
tank entries minimizes both the
potential for damage and the disruption
to operators’ maintenance schedules, we
find that extending the compliance time
is not appropriate. In developing the
compliance time for this AD action, we
considered not only the safety
implications of the identified unsafe
condition, but the average utilization
rate of the affected fleet, the practical
aspects of accomplishing the AD on the
fleet during regular maintenance
periods, the availability of required
parts, and the time necessary for the
rulemaking process. The proposed
compliance time was determined to be
appropriate. However, paragraph (h) of
this supplemental NPRM would provide
operators the opportunity to request
adjustments to the compliance time and
submit data to substantiate that such an
adjustment would provide an acceptable
level of safety. We have not changed
this supplemental NPRM regarding this
issue.
Clarification of Inspection Type
In this supplemental NPRM, the
‘‘general visual inspection’’ specified in
Revision 1 of the referenced service
information is referred to as a ‘‘detailed
inspection.’’ We have included the
definition for a detailed inspection in a
note in the supplemental NPRM.
FAA’s Determination and Proposed
Requirements of the Supplemental
NPRM
We are proposing this supplemental
NPRM because we evaluated all
pertinent information and determined
that an unsafe condition exists and is
likely to exist or develop on other
products of the same type design.
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Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Proposed Rules
Certain changes described above expand
the scope of the original NPRM. As a
result, we have determined that it is
necessary to reopen the comment period
to provide additional opportunity for
the public to comment on this
supplemental NPRM.
Costs of Compliance
There are about 925 airplanes of the
affected design in the worldwide fleet.
The following table provides the
estimated costs for U.S. operators to
comply with this proposed AD. There
are no U.S.-registered airplanes in
Group 3 of Service Bulletin 767–
57A0102. The average labor rate is $80
per work hour.
ESTIMATED COSTS
Service Bulletin
767–57A0100 ............................................
1
2
3
1
2
3
767–57A0102 ............................................
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.
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Regulatory Findings
We 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 this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979), and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
VerDate Aug<31>2005
15:35 Oct 15, 2008
Work
hours
Group
Jkt 214001
6
114
1
246
874
24
Cost per
airplane
Parts
minimal ........................................
minimal ........................................
none .............................................
1,632 ............................................
1,304 ............................................
338 ...............................................
Number
of U.S.registered
airplanes
$480
9,120
80
21,312
71,224
2,258
341
21
17
341
21
0
Fleet cost
$163,680
191,520
1,360
7,267,392
1,495,704
0
under the criteria of the Regulatory
Flexibility Act.
You can find our regulatory
evaluation and the estimated costs of
compliance in the AD Docket.
main fuel tanks, and surge tanks caused by
a wiring short or lightning strike, which
could result in fuel tank explosions and
consequent loss of the airplane.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
(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.
The Proposed Amendment
Fastener Sealant Application
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
(f) For airplanes identified in Boeing Alert
Service Bulletin 767–57A0100, Revision 1,
dated June 19, 2008: Within 60 months after
the effective date of this AD, do the actions
in paragraphs (f)(1) and (f)(2) of this AD. Do
the actions in accordance with the
Accomplishment Instructions of the service
bulletin, as applicable.
(1) For Groups 1 and 2 airplanes: Seal the
ends of the fasteners on the brackets that
hold the vortex generators, and seal the ends
of the fasteners on certain stiffeners on the
rear spar, as applicable.
(2) For Group 3 airplanes: Do a detailed
inspection to determine the method of
attachment of the vortex generators, and,
before further flight, do all applicable
specified corrective actions.
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:
Boeing: Docket No. FAA–2007–28035;
Directorate Identifier 2006–NM–293–AD.
Comments Due Date
(a) We must receive comments by
November 10, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model 767–200,
¥300, ¥300F, and ¥400ER series airplanes;
certificated in any category; as identified in
Boeing Alert Service Bulletin 767–57A0100,
Revision 1, dated June 19, 2008; and Boeing
Service Bulletin 767–57A0102, Revision 1,
dated November 27, 2007.
Unsafe Condition
(d) This AD results from fuel system
reviews conducted by the manufacturer. We
are issuing this AD to prevent possible
ignition sources in the auxiliary fuel tank,
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Compliance
Wire Bundle Sleeve and Clamp Installation
and Fastener Sealant Application
(g) For airplanes identified in Boeing
Service Bulletin 767–57A0102, Revision 1,
dated November 27, 2007: Within 60 months
after the effective date of this AD, do the
actions specified in paragraphs (g)(1), (g)(2),
and (g)(3) of this AD, as applicable. Do the
actions in accordance with the
Accomplishment Instructions of the service
bulletin.
(1) Change the wire bundle clamp
configurations at specified locations on the
fuel tank walls.
(2) Seal the fasteners and certain stiffeners
at specified locations on the fuel tank.
(3) Do a detailed inspection of the sealant
of the fasteners in the auxiliary tank center
bay and rib 28 of the left and right main fuel
tanks. Seal any unsealed fasteners before
further flight.
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Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Proposed Rules
Note 1: For the purposes of this AD, a
detailed inspection is: ‘‘An intensive
examination of a specific item, installation,
or assembly to detect damage, failure, or
irregularity. Available lighting is normally
supplemented with a direct source of good
lighting at an intensity deemed appropriate.
Inspection aids such as mirror, magnifying
lenses, etc., may be necessary. Surface
cleaning and elaborate procedures may be
required.’’
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, ATTN: Judy
Coyle, Aerospace Engineer, ANM–140S, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 917–6497; fax
(425) 917–6590; 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 October
6, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–24579 Filed 10–15–08; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2008–0693; FRL–8729–4]
Approval and Promulgation of
Implementation Plans: 1-Hour Ozone
Extreme Area Plan for San Joaquin
Valley, CA
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
ebenthall on PROD1PC60 with PROPOSALS
AGENCY:
SUMMARY: EPA is proposing to approve
state implementation plan revisions
submitted by the State of California to
meet the Clean Air Act (CAA)
requirements applicable to the San
Joaquin Valley (SJV), California 1-hour
ozone nonattainment area. These
requirements applied to the SJV
following its reclassification from severe
to extreme for the 1-hour ozone national
ambient air quality standard on April
16, 2004. Although EPA subsequently
revoked the 1-hour ozone standard
effective June 15, 2005, the requirement
to submit a plan for that standard
VerDate Aug<31>2005
15:35 Oct 15, 2008
Jkt 214001
remains in effect for the SJV. EPA is
proposing to approve the SIP revisions
for the SJV as meeting applicable CAA
requirements except for the provision
addressing the reasonably available
control technology requirements that
the State has withdrawn.
DATES: Comments may be submitted
until November 17, 2008.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2008–0693, by one of the
following methods:
1. Agency Web site: https://
www.regulations.gov. EPA prefers
receiving comments through this
electronic public docket and comment
system. Follow the on-line instructions
to submit comments.
2. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
3. E-mail: wicher.frances@epa.gov
4. Mail or deliver: Marty Robin, Office
of Air Planning (AIR–2), U.S.
Environmental Protection Agency,
Region 9, 75 Hawthorne Street, San
Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through the
agency Web site, eRulemaking portal, or
e-mail. The agency Web site and
eRulemaking portal are anonymous
access systems, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send e-mail
directly to EPA, your e-mail address
will be automatically captured and
included as part of the public comment.
If EPA cannot read your comment due
to technical difficulties and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region 9, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
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61381
FOR FURTHER INFORMATION CONTACT:
Frances Wicher, U.S. EPA Region 9,
415–972–3957, wicher.frances@epa.gov
or https://www.epa.gov/region09/air/
actions.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ mean U.S. EPA.
Table of Contents
I. Background
A. What is the history of 1-hour ozone air
quality planning in the SJV?
B. What are the elements in the new plan?
C. What Clean Air Act requirements apply
to this extreme area 1-hour ozone plan?
II. Review of the 2004 SIP, the SJV Portion
of the Final 2003 State Strategy and the
2008 SIP Clarification
A. Did the SJVAPCD and ARB meet the
CAA procedural requirements?
B. Do the baseline and projected emissions
inventories meet CAA requirements?
C. Is the air quality modeling consistent
with the CAA and EPA’s modeling
guidelines?
D. Do the control measures meet CAA
requirements?
E. Does the plan show the CAA-required
rate of progress?
F. Does the plan provide for attainment by
the CAA-required deadline?
G. Do the contingency measures meet CAA
requirements?
H. Are the motor vehicle emissions budgets
approvable?
III. Summary of Proposed Actions
IV. Statutory and Executive Order Reviews
I. Background
A. What is the history of 1-hour ozone
air quality planning in the SJV?
The San Joaquin Valley 1-hour ozone
nonattainment area (SJV) includes the
following counties in California’s
central valley: San Joaquin, part of Kern,
Fresno, Kings, Madera, Merced,
Stanislaus and Tulare. 40 CFR 81.305.
Upon enactment of the 1990 Clean Air
Act Amendments, the SJV was classified
by operation of law as a serious
nonattainment area with an attainment
date of no later than November 15, 1999.
56 FR 56694 (November 6, 1991). On
November 15, 1994, the California Air
Resources Board (ARB) submitted ‘‘The
1994 California State Implementation
Plan for Ozone’’ (1994 SIP), a
comprehensive ozone plan for the State
of California that included a local
nonattainment plan developed for the
SJV by the San Joaquin Valley Air
Pollution Control District (SJVAPCD or
the District). On January 8, 1997, EPA
approved the 1994 SIP. 62 FR 1150.
On November 8, 2001, EPA found that
the SJV had failed to attain the 1-hour
ozone standard by the serious area
deadline of November 15, 1999 and
reclassified the area by operation of law
to severe. 66 FR 56476. In the final
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]]>Agencies
[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Proposed Rules]
[Pages 61378-61381]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24579]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-28035; Directorate Identifier 2006-NM-293-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain Boeing Model 767 airplanes. The original NPRM would
have required sealing certain fasteners and stiffeners in the fuel
tank, and changing certain wire bundle clamp configurations on the fuel
tank walls. The original NPRM resulted from fuel system reviews
conducted by the manufacturer. This action revises the original NPRM by
adding inspections, for certain airplanes, of additional fasteners in
the fuel tanks and of the method of attachment of the vortex
generators, and corrective action if necessary. We are proposing this
supplemental NPRM to prevent possible ignition sources in the auxiliary
fuel tank, main fuel tanks, and surge tanks caused by a wiring short or
lightning strike, which could result in fuel tank explosions and
consequent loss of the airplane.
DATES: We must receive comments on this supplemental NPRM by November
10, 2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
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.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
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 docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office
[[Page 61379]]
(telephone (800) 647-5527) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.
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 send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
28035; Directorate Identifier 2006-NM-293-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to https://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We issued a notice of proposed rulemaking (NPRM) (the ``original
NPRM'') to amend 14 CFR part 39 to include an airworthiness directive
(AD) that would apply to certain Boeing Model 767 airplanes. That
original NPRM was published in the Federal Register on April 30, 2007
(72 FR 21166). That original NPRM proposed to require sealing certain
fasteners and stiffeners in the fuel tank, and changing certain wire
bundle clamp configurations on the fuel tank walls.
Actions Since Original NPRM Was Issued
The NPRM referred to Boeing Alert Service Bulletins 767-57A0102,
dated October 25, 2006, and 767-57A0100, dated August 21, 2006, as the
appropriate sources of service information for the proposed
requirements. Since we issued the NPRM, Boeing revised the service
bulletins.
Service Bulletin 767-57A0102, Revision 1, dated November 27, 2007,
provides the following changes:
Corrects the specified location of fasteners that must be
sealed on the rear spar in the auxiliary fuel tank;
Corrects the specified location of fasteners that must be
sealed at rib 28 on the front spar;
Adds work packages, for airplanes on which the original
issue of the service bulletin was accomplished, for general visual
inspections of the sealant of the fasteners in the auxiliary fuel tank
center bay and the fasteners at rib 28 of the left and right main fuel
tanks, and sealing any unsealed fasteners;
Identifies additional access doors necessary for access to
the fuel tanks; and
Specifies permitted alternative fuel tank sealants.
The new work packages are necessary because the original issue of
this service bulletin specified incorrect locations for certain
fasteners on the rear spar of the auxiliary fuel tank and the front
spar of the main wing. If the correct fasteners are not sealed, there
is a risk that arcing from a short can enter the fuel tank and become
an ignition source. We have revised paragraphs (c) and (g) of this
supplemental NPRM to refer to Revision 1 of the service bulletin.
Service Bulletin 767-57A0100, Revision 1, dated June 19, 2008, adds
procedures for certain airplanes (Group 3 airplanes) for a general
visual inspection to determine the method of attachment of the vortex
generators. For vortex generators attached with adhesive alone, no more
work is necessary. For vortex generators attached with fasteners, the
service bulletin provides procedures for sealing the fasteners.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Support for the NPRM
Continental Airlines has no objection to the NPRM. The Air
Transport Association (ATA) agrees with the intent of the NPRM.
American Airlines understands and agrees with our efforts to prevent
the identified unsafe condition.
Request for Warranty Coverage
Hawaiian Airlines questions why Service Bulletin 767-57A0102 is not
covered under warranty. The commenter states that the original
equipment manufacturer (OEM) should cover the costs to do the required
extra protection for fuel ignition shorts. The commenter added that 335
work hours and about $2,000 for parts per airplane is very costly for
airline operators.
We have no involvement in warranty agreements between the airlines
and the OEM. We have not changed the final rule regarding this issue.
Request To Extend Compliance Time
The ATA and American Airlines request that we extend the proposed
compliance time from 60 months to 72 months. The longer interval would
minimize fuel tank entry and corresponds to the existing ``4C''
maintenance interval established by the Boeing 767 Maintenance Review
Board (MRB), when significant maintenance (such as maintenance
requiring fuel tank entry) is scheduled. The ATA states that the use of
that interval would avoid the need to accomplish the proposed actions
in portions of airline inventories during unique, unscheduled visits.
American Airlines states that its cost to comply with the AD would be 7
percent higher with the proposed 60-month compliance time (versus a 72-
month compliance time).
While we agree that reducing fuel tank entries minimizes both the
potential for damage and the disruption to operators' maintenance
schedules, we find that extending the compliance time is not
appropriate. In developing the compliance time for this AD action, we
considered not only the safety implications of the identified unsafe
condition, but the average utilization rate of the affected fleet, the
practical aspects of accomplishing the AD on the fleet during regular
maintenance periods, the availability of required parts, and the time
necessary for the rulemaking process. The proposed compliance time was
determined to be appropriate. However, paragraph (h) of this
supplemental NPRM would provide operators the opportunity to request
adjustments to the compliance time and submit data to substantiate that
such an adjustment would provide an acceptable level of safety. We have
not changed this supplemental NPRM regarding this issue.
Clarification of Inspection Type
In this supplemental NPRM, the ``general visual inspection''
specified in Revision 1 of the referenced service information is
referred to as a ``detailed inspection.'' We have included the
definition for a detailed inspection in a note in the supplemental
NPRM.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
We are proposing this supplemental NPRM because we evaluated all
pertinent information and determined that an unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
[[Page 61380]]
Certain changes described above expand the scope of the original NPRM.
As a result, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for the public to
comment on this supplemental NPRM.
Costs of Compliance
There are about 925 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD. There are no U.S.-
registered airplanes in Group 3 of Service Bulletin 767-57A0102. The
average labor rate is $80 per work hour.
Estimated Costs
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Number of
Work Cost per U.S.-
Service Bulletin Group hours Parts airplane registered Fleet cost
airplanes
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767-57A0100.................... 1 6 minimal........... $480 341 $163,680
2 114 minimal........... 9,120 21 191,520
3 1 none.............. 80 17 1,360
767-57A0102.................... 1 246 1,632............. 21,312 341 7,267,392
2 874 1,304............. 71,224 21 1,495,704
3 24 338............... 2,258 0 0
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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 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 this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866,
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979), and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
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.
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 FAA amends Sec. 39.13 by adding the following new AD:
Boeing: Docket No. FAA-2007-28035; Directorate Identifier 2006-NM-
293-AD.
Comments Due Date
(a) We must receive comments by November 10, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model 767-200, -300, -300F, and -400ER
series airplanes; certificated in any category; as identified in
Boeing Alert Service Bulletin 767-57A0100, Revision 1, dated June
19, 2008; and Boeing Service Bulletin 767-57A0102, Revision 1, dated
November 27, 2007.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent possible ignition
sources in the auxiliary fuel tank, main fuel tanks, and surge tanks
caused by a wiring short or lightning strike, which could result in
fuel tank explosions and consequent loss of the airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Fastener Sealant Application
(f) For airplanes identified in Boeing Alert Service Bulletin
767-57A0100, Revision 1, dated June 19, 2008: Within 60 months after
the effective date of this AD, do the actions in paragraphs (f)(1)
and (f)(2) of this AD. Do the actions in accordance with the
Accomplishment Instructions of the service bulletin, as applicable.
(1) For Groups 1 and 2 airplanes: Seal the ends of the fasteners
on the brackets that hold the vortex generators, and seal the ends
of the fasteners on certain stiffeners on the rear spar, as
applicable.
(2) For Group 3 airplanes: Do a detailed inspection to determine
the method of attachment of the vortex generators, and, before
further flight, do all applicable specified corrective actions.
Wire Bundle Sleeve and Clamp Installation and Fastener Sealant
Application
(g) For airplanes identified in Boeing Service Bulletin 767-
57A0102, Revision 1, dated November 27, 2007: Within 60 months after
the effective date of this AD, do the actions specified in
paragraphs (g)(1), (g)(2), and (g)(3) of this AD, as applicable. Do
the actions in accordance with the Accomplishment Instructions of
the service bulletin.
(1) Change the wire bundle clamp configurations at specified
locations on the fuel tank walls.
(2) Seal the fasteners and certain stiffeners at specified
locations on the fuel tank.
(3) Do a detailed inspection of the sealant of the fasteners in
the auxiliary tank center bay and rib 28 of the left and right main
fuel tanks. Seal any unsealed fasteners before further flight.
[[Page 61381]]
Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, ATTN: Judy Coyle, Aerospace Engineer, ANM-140S, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-
6497; fax (425) 917-6590; 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 October 6, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-24579 Filed 10-15-08; 8:45 am]
BILLING CODE 4910-13-P
