Airworthiness Directives; Boeing Model 767 Airplanes, 38905-38910 [E9-18423]
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Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations
document is acceptable’’ for service bulletin
revisions. The FAA AD does not have a
similar provision. This revised AD changes
the Applicability section based on the
revised service bulletin.
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
removing AD 2007–03–17, Amendment
39–14928 (72 FR 5923, February 8,
2007) and adding the following new AD:
■
2007–03–17 R1 SOCATA: Amendment 39–
15983; Docket No. FAA–2006–26234;
Directorate Identifier 2006–CE–064–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective September 9, 2009.
Affected ADs
(b) This AD revises AD 2007–03–17,
Amendment 39–14928 (72 FR 5923, February
8, 2007).
Applicability
(c) This AD applies to TBM 700 airplanes,
serial numbers 1 through 345, certificated in
any category.
Subject
(d) Air Transport Association of America
(ATA) Code 53: Fuselage.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
This Airworthiness Directive (AD) was
prompted by reports of loose rivets on frames
C18 BIS and C19, which could result in a
reduced structural integrity of the tail area.
This MCAI requires you to inspect the rivets
on frames C18 BIS and C19, and, if necessary,
apply corrective actions. You may obtain
further information by examining the MCAI
in the AD docket.
Actions and Compliance
(f) Unless already done, within the next
100 hours time-in-service (TIS) after
September 9, 2009 (the effective date of this
AD) or within the next 12 months after
September 9, 2009 (the effective date of this
AD), whichever occurs later, and repetitively
thereafter at intervals not to exceed every 100
hours TIS, do a detailed inspection of the
area and apply corrective actions, as
necessary. Follow the accomplishment
instructions of either SOCATA TBM Aircraft
Mandatory Service Bulletin SB 70–129, dated
June 2005 or SOCATA TBM Aircraft
Mandatory Service Bulletin SB 70–129,
AMENDMENT 1, dated February 2009.
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FAA AD Differences
Note: This AD differs from the MCAI and/
or service information as follows: SOCATA
revised the service bulletin used in AD 2007–
03–17, Amendment 39–14928 (72 FR 5923,
February 8, 2007). The revised service
bulletin changes the applicability of the
airplanes from what was in the original
service bulletin. The MCAI has not been
revised and allows the use of ‘‘Any
subsequent approved revision of this
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16:20 Aug 04, 2009
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Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Office,
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: Albert Mercado, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4119; fax: (816) 329–
4090. 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
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
(44 U.S.C. 3501 et.seq.), 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 Direction Generale de
l’aviation Civile Airworthiness Directive No
F–2005–132, dated August 3, 2005; SOCATA
TBM Aircraft Mandatory Service Bulletin SB
70–129, dated June 2005; and SOCATA TBM
Aircraft Mandatory Service Bulletin SB 70–
129, AMENDMENT 1, dated February 2009
for related information.
Material Incorporated by Reference
(i) You must use SOCATA TBM Aircraft
Mandatory Service Bulletin SB 70–129, dated
June 2005, or SOCATA TBM Aircraft
Mandatory Service Bulletin SB 70–129,
AMENDMENT 1, dated February 2009, 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
SOCATA TBM Aircraft Mandatory Service
Bulletin SB 70–129, AMENDMENT 1, dated
February 2009, under 5 U.S.C. 552(a) and 1
CFR part 51.
(2) On March 15, 2007 (72 FR 5923,
February 8, 2007), the Director of the Federal
Register previously approved the
incorporation by reference of SOCATA TBM
Aircraft Mandatory Service Bulletin SB 70–
129, dated June 2005.
(3) For service information identified in
this AD, contact SOCATA, 65921 Tarbes
Cedex 9, France; Telephone: +33 (0) 5 62 41
73 00; Fax: +33 (0)5 62 41 73 05; Internet:
https://www.socata.com.
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38905
(4) You may review copies of the service
information incorporated by reference for
this AD at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas
City, Missouri 64106. For information on the
availability of this material at the Central
Region, call (816) 329–3768.
(5) You may also review copies of the
service information incorporated by reference
for this AD 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.
Issued in Kansas City, Missouri, on July 16,
2009.
Wes Ryan,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–17897 Filed 8–4–09; 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; Amendment
39–15989; AD 2009–16–06]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 767 Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: We are adopting a new
airworthiness directive (AD) for all
Boeing Model 767 airplanes. This AD
requires installing an automatic shutoff
system for the auxiliary fuel tank
override/jettison fuel pumps (also
referred to as center tank fuel pumps in
the airplane flight manual (AFM)),
revising the AFM to advise the
flightcrew of certain operating
restrictions for airplanes equipped with
an automatic auxiliary fuel tank pump
shutoff control, and, for certain
airplanes, installing a placard to alert
the flightcrew of certain fuel usage
restrictions. This AD provides optional
terminating actions for certain
requirements. This AD results from a
design review of the fuel tank systems.
We are issuing this AD to prevent an
overheat condition outside the center
tank fuel 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.
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Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations
DATES: This AD is effective September 9,
2009.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of September 9, 2009.
The Director of the Federal Register
approved the incorporation by reference
of certain other publications listed in
this AD as of September 4, 2001 (66 FR
39417, July 31, 2001).
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data
& Services Management, P.O. Box 3707,
MC 2H–65, Seattle, Washington 98124–
2207; telephone 206–544–5000,
extension 1; fax 206–766–5680; e-mail
me.boecom@boeing.com; Internet
https://www.myboeingfleet.com.
Register on September 11, 2007 (72 FR
51725). That NPRM proposed to require
installing an automatic shutoff system
for the auxiliary fuel tank override/
jettison pumps (referred to as center
tank fuel pumps in the airplane flight
manual (AFM)), revising the AFM to
advise the flightcrew of certain
operating restrictions for airplanes
equipped with an automatic auxiliary
fuel tank pump shutoff control, revising
the Airworthiness Limitations Section
(AWL) of certain maintenance
documents to include new inspections
of the automatic shutoff system for the
auxiliary fuel tank override/jettison
pumps, and, for certain airplanes,
installing a placard to alert the
flightcrew of certain fuel usage
restrictions.
Examining the AD Docket
Actions Since NPRM was Issued
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 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:
Douglas Bryant, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6505; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
To avoid including redundant
requirements in this AD, we have
removed the proposed requirement to
revise the AWL section of certain
maintenance documents to include new
inspections of the automatic shutoff
system for the auxiliary fuel tank
override/jettison pumps. This AWL
revision is already required by AD
2008–11–01, amendment 39–15523 (73
FR 29414, May 21, 2008), for certain
Boeing Model 767–200, –300, –300F,
and –400ER series airplanes, with an
original standard airworthiness
certificate or original export certificate
issued before April 22, 2006. Airplanes
with a certificate issued on or after April
22, 2006, must already be compliant
with the AWL revision because those
limitations were applicable as part of
the airworthiness certification of those
airplanes. We have removed the AWL
revision requirement from this AD
(which was in paragraph (i) of the
NPRM) and re-identified subsequent
paragraphs.
We have combined the AFM text
proposed in paragraphs (h)(1) and (h)(2)
of the NPRM into one paragraph,
paragraph (h), in this AD. Doing this
moved the proposed revisions for the
Normal Procedures section of the AFM
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 all
Boeing Model 767 airplanes. That
NPRM was published in the Federal
and placed them with the other
proposed revisions for the Certificate
Limitation section of the AFM. We
determined that the Certification
Limitation section is the more
appropriate section in the AFM for all
of the revisions because the revisions
are intended to be airplane limitations.
In the De-fueling and Fuel Transfer
section of the AFM text, we revised the
text to address all fuel pumps instead of
only the center tank fuel pumps. The
same concern (potential ignition source)
for dry running during de-fueling exists
for the main tank pumps. The limitation
revisions required in this AD are similar
to the limitations that have been placed
on other Boeing airplane models in
similar AD actions.
We have also revised the text in
paragraph (m) of this AD (the
Alternative Methods of Compliance
(AMOC) paragraph) to include more
contact information and further
clarification on the AMOC process.
Boeing issued Revision 2, dated
February 12, 2009, to Service Bulletin
767–28A0083. We have revised
paragraph (f) of this AD to reference
Revision 2 of the service bulletin and
have revised paragraph (g) of this AD to
provide credit for Boeing Service
Bulletin 767–28A0083, Revision 1,
dated April 26, 2007. Revision 2 of this
service bulletin corrects the wiring
configuration group for some airplanes,
and adds and corrects some figures and
references.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received from
the six commenters.
Request to Clarify Service Bulletin
TDG Aerospace (TDG) states that after
reviewing the requirements in Section
25.981 of the Federal Aviation
Regulations (14 CFR 25.981), it
questions whether the service bulletins
(listed in the following table) referenced
in the NPRM are FAA approved.
TABLE—SERVICE BULLETINS REFERENCED IN THE NPRM
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Boeing Alert Service Bulletin—
Revision—
Dated—
767–28A0083
767–28A0083
767–28A0084
767–28A0084
1 ...............................................................................
Original ....................................................................
1 ...............................................................................
Original ....................................................................
April 26, 2007.
May 3, 2006.
April 26, 2007.
May 3, 2006.
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.......................................................................................
.......................................................................................
.......................................................................................
.......................................................................................
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We have determined that the service
information referenced in this AD meets
applicable requirements and is FAAapproved. No change to this AD is
necessary in this regard.
Request To Exclude Airplanes With
Deactivated Center Fuel Tanks
All Nippon Airways (ANA) and ABX
Air request that we exclude airplanes
with deactivated center fuel tanks from
the requirements of the NPRM. ANA
suggests that we revise the applicability
of the NPRM to exclude airplanes with
deactivated center fuel tanks. ANA
states that the center wing tank pumps
of airplanes with deactivated center fuel
tanks do not have power provided to the
pumps and, therefore, do not pose a risk
of ignition. ABX Air suggests that we
add a paragraph stating that no action is
required for airplanes with center fuel
tanks deactivated in accordance with
Boeing Alert Service Bulletin 767–
28A0050, dated December 18, 1997; or
Boeing Service Bulletin 767–28A0050,
Revision 1, dated December 22, 1999.
ABX Air also states that if pumps
cannot operate, the identified unsafe
condition is eliminated. ABX Air also
states that paragraph (j) of the NPRM
proposes to require placards and that
requiring placards that refer to AD
2001–15–08, amendment 39–12342 (66
FR 39417, July 31, 2001) is
inappropriate for airplanes with
deactivated fuel tanks.
We partially agree. We agree that
deactivated center tank pumps do not
pose an ignition risk because there is no
power provided to these pumps. But to
ensure that power cannot be applied to
the pumps, we must specifically require
the method of deactivation. Boeing Alert
Service Bulletin 767–28A0050, dated
December 18, 1997; or Boeing Service
Bulletin 767–28A0050, Revision 1,
dated December 22, 1999; provide
adequate procedures for deactivating the
center fuel tanks. Deactivation of center
tanks in accordance with these service
bulletins is approved as an optional
terminating action for the requirements
of paragraphs (f), (h), and (i) of this AD,
as indicated in new paragraph (j) of this
AD. For airplanes with tanks
deactivated in a different manner,
operators must request approval of an
AMOC, as specified in paragraph (m) of
this AD, and provide data to
substantiate that the deactivation
methods will ensure the safety of the
airplane. We have also added new
paragraph (k) to this AD to address
airplanes on which the center fuel tanks
are reactivated.
In regard to the commenter’s
statement that requiring placards is
inappropriate for airplanes with
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deactivated fuel tanks, we agree that the
fuel management placard specified in
paragraph (i) of this AD is not necessary
for airplanes with deactivated center
fuel tanks. We have included this
information in paragraphs (j) and (k) of
this AD accordingly.
Request To Allow Operating
Limitations as Terminating Action
UPS requests that we revise the
NPRM to allow compliance with certain
operating limitations specified in AD
2001–15–08 (shutting off the pumps
below certain fuel weight limits) and
AFM limitations specified in the NPRM
as terminating action for paragraphs (f)
and (i) of the NPRM (automatic shutoff
system installation and fuel pump
operation limitations). According to
UPS:
The benefit of having the automatic shutoff
system is achieved only if the flight crew
fails to follow procedure. In this instance, the
issue becomes a flight crew training issue
which needs to be addressed in a different
and more appropriate medium.
UPS also states that because AD
2001–15–08 limits operation of the
center fuel tank to more than 1,000
pounds of fuel at all times, the fuel
pump is submerged and there is no
potential for an ignition source.
UPS asserts that, when the pumps
remain submerged with 1,000 pounds of
fuel, there is no opportunity for ignition
sources to develop from the pump, and
those conditions effectively provide a
level of safety higher than that provided
by installing the pump automatic
shutoff as proposed in the NPRM.
We disagree. AD 2001–15–08
requires, among other things, revising
the AFM to include procedures that will
ensure that the center tank fuel pumps
are always operated with useable fuel
levels (1,000 pounds or more). However,
that AD addressed a specific problem
with the center tank fuel pumps that
could lead to an ignition source in the
fuel tank. Shutting off pumps with 1,000
pounds of fuel remaining is regarded
only as interim action for that specific
unsafe condition, until the pump power
control system changes are
incorporated. Even in the absence of
specific fuel pump ignition source
issues, the fuel pump indication
features and crew procedures in the
original design are now considered to
need corrective action to eliminate the
reliance on flight crew procedures to
prevent extended dry pump operation.
We are aware of numerous accounts of
pilots failing to turn pumps off at the
current requirement of 1,000 pounds.
We have, therefore, determined that
installing the automatic shutoff system
provides a higher level of safety because
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38907
it prevents extended dry running of the
fuel pumps. We have not changed this
AD regarding this issue.
Request To Clarify Airplanes Affected
by Certain Requirements
Boeing requests that we revise certain
paragraphs of the NPRM to identify
affected airplanes. According to Boeing,
Model 767 airplanes beginning with line
number 941 (VR088) have the center
tank fuel pump automatic shutoff
system installed in production and
should be excluded from the retrofit
requirements.
We agree, for the reason provided by
Boeing. We have revised paragraphs (f)
and (h) of this AD to clarify the
airplanes affected by the requirements
of those paragraphs.
Request To Include Means of
Compliance for Universal Fault
Interrupter (UFI)
TDG states that it is currently
certifying its UFI for use on Model 767
airplanes. TDG claims that the UFI,
already implemented on other Boeing
airplanes, will provide (1) a center tank
override pump automatic shutoff, (2)
uncommanded run protection (from
control relay failed in the ‘‘ON’’
position), and (3) electrical fault
protection (line-to-ground, line-to-line,
open phases, etc.). TDG, therefore,
requests that we include the UFI as a
means of compliance, if the
supplemental type certificate (STC) for
the Model 767 UFI is approved before
the final rule is issued.
We disagree with the commenter’s
request. At this time, the TDG 767 STC
has not yet been approved, so we cannot
identify it as a method of compliance for
this AD. However, we recognize that a
similar TDG STC has been approved for
Boeing Model 757 airplanes and that it
was identified as a method of
compliance for a similar AD related to
that model. Once the 767 STC is issued,
TDG may apply for approval of an
AMOC for the design, as provided by
paragraph (m) of this AD.
Request To Match AFM and NPRM
Language
Japan Airlines (JAL) advises of a
discrepancy between the wording in the
corresponding portions of Boeing’s
current AFM and the original NPRM.
Paragraph (h)(2) of the NPRM states that
center tank fuel ‘‘pumps’’ must not be
on, but the latest revision to the AFM
states that center tank fuel ‘‘pump
switches’’ must not be on.
We agree. The current AFM
(correctly) contains the word
‘‘switches.’’ As the commenter points
out, the wording should be consistent in
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both the AFM and this document. We
have revised paragraph (h) of this AD
accordingly.
Request To Revise Description of
Affected Pumps
Boeing requests that we revise the
Summary and Relevant Service
Information sections of the NPRM.
Specifically, reference to the ‘‘auxiliary
fuel tank boost pump’’ should be
changed to the ‘‘override/jettison fuel
pump’’ as the appropriate fuel pump in
the auxiliary tank. Boeing adds that
references to fuel ‘‘boost pumps’’ are
typically associated with fuel pumps
located in the main tanks, so referring
to auxiliary fuel pumps as ‘‘boost
pumps’’ could be confusing.
We agree that the wording identified
by the commenter could be confusing.
We have revised the Summary section
and other relevant sections in this AD
as requested. The Relevant Service
Information section, however, is not
repeated in this final rule. We have also
revised references to auxiliary tank
pumps to ‘‘center tank fuel pumps’’
throughout the rest of this AD for clarity
and consistency with the AFM text.
Conclusion
Request to Correct Paragraph Reference
Costs of Compliance
JAL points out that Note 2 of the
NPRM refers to paragraph (g) of the AD,
but should refer to paragraph (h). We
agree and have revised Note 1 in this
AD (which was Note 2 in the NPRM)
accordingly.
We estimate that this AD affects 414
airplanes of U.S. registry. The following
table provides the estimated costs for
U.S. operators to comply with this AD.
The fleet cost could be as high as
$4,655,016.
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.
ESTIMATED COSTS
Affected airplane
groups
Affected airplanes
Average hourly
labor rate
Work hours
Cost of parts
Cost per airplane
767-200, 767-300, 767-300F .................
1–39
40–79
80–81
29
25
3
$80
80
80
$ 8,924
8,495
420
$ 11,244
10,495
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.
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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:
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(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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
■
PART 39—AIRWORTHINESS
DIRECTIVES
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2009–16–06 Boeing: Amendment 39–15989.
Docket No. FAA–2007–29173;
Directorate Identifier 2006–NM–283–AD.
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(a) This airworthiness directive (AD) is
effective September 9, 2009.
Affected ADs
(b) None.
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 center tank fuel pump explosionresistance 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.
Installation
1. The authority citation for part 39
continues to read as follows:
■
§ 39.13
Effective Date
(f) For Model 767 airplanes with line
numbers 1 through 940 inclusive: Within 36
months after the effective date of this AD,
install an automatic shutoff system for the
center tank fuel pump, in accordance with
Boeing Service Bulletin 767–28A0083,
Revision 2, dated February 12, 2009 (for
Model 767–200, –300, and –300F airplanes);
or Boeing Service Bulletin 767–28A0084,
Revision 1, dated April 26, 2007 (for Model
767–400ER airplanes); as applicable.
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Installation According to Previous Issue of
Service Bulletin
(g) Installing an automatic shutoff system
is also acceptable for compliance with the
38909
requirements of paragraph (f) of this AD if
done before the effective date of this AD in
accordance with service information
identified in Table 1 of this AD.
TABLE 1—PREVIOUS ISSUES OF SERVICE BULLETINS
Revision level
Alert Service Bulletin 767–28A0083 ....................................................
Alert Service Bulletin 767–28A0084 ....................................................
Service Bulletin 767–28A0083 ............................................................
srobinson on DSKHWCL6B1PROD with RULES
Boeing service information
Original ....................................................................
Original ....................................................................
1 ...............................................................................
Revision of Airplane Flight Manual (AFM)
(h) For Model 767 airplanes with line
numbers 1 through 940 inclusive:
Concurrently with accomplishing the actions
required by paragraph (f) of this AD, revise
Section 1, Certificate Limitations, of the
Boeing 767 AFM to include the following:
‘‘CENTER TANK FUEL PUMPS
Center tank fuel pump switches 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 fuel pump low
PRESS lights must be monitored and the
respective 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.
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.’’
This may be done by inserting a copy of
this AD into the AFM.
Note 1: When statements identical to those
in paragraph (h) 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.
Placard Installation
(i) For Model 767–200, –300, or –300F
airplanes that meet the conditions of
paragraphs (i)(1) and (i)(2) of this AD: Within
30 days after the effective date of this AD,
install a placard in the flight deck adjacent
VerDate Nov<24>2008
16:20 Aug 04, 2009
Jkt 217001
to each pilot’s primary flight display, to alert
the flightcrew 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 (m) 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 2: 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.
Optional Terminating Action for Paragraphs
(f), (h), and (i) of this AD: Deactivation of
Center Fuel Tanks
(j) Deactivation of the center fuel tanks, in
accordance with Boeing Alert Service
Bulletin 767–28A0050, dated December 18,
1997; or Boeing Service Bulletin 767–
28A0050, Revision 1, dated December 22,
1999; terminates the requirements of
paragraphs (f), (h), and (i) of this AD, except
as provided by paragraph (k) of this AD.
Reactivation of Center Fuel Tanks
(k) For any airplane on which the center
fuel tank is reactivated, the center fuel tank
must be reactivated in accordance with a
method approved by the Manager, Seattle
Aircraft Certification Office (ACO), FAA. For
any airplane on which the center fuel tank
is reactivated, the requirements of paragraphs
(f), (h), and (i) of this AD must be done before
further flight following the reactivation, or
within 36 months after the effective date of
this AD, whichever occurs later. For a
reactivation method to be approved, the
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
Date
May 3, 2006.
May 3, 2006.
April 26, 2007.
reactivation method must meet the
certification basis of the airplane, and the
approval must specifically reference this AD.
Terminating Action for AD 2001–15–08
(l) For airplanes that have automatic
shutoff systems installed: Accomplishing
paragraphs (f) and (i) of this AD terminates
the requirements of paragraphs (b) and (c) of
AD 2001–15–08.
Alternative Methods of Compliance
(AMOCs)
(m)(1) The Manager, Seattle ACO, 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:
Douglas Bryant, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA, Seattle
ACO, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
917–6505; fax (425) 917–6590. Or, e-mail
information to 9–ANM–Seattle-ACO–AMOC–
Requests@faa.gov.
(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 principal maintenance inspector
(PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal
inspector, your local Flight Standards District
Office. The AMOC approval letter must
specifically reference this AD.
Material Incorporated by Reference
(n) You must use Boeing Service Bulletin
767–28A0083, Revision 2, dated February 12,
2009; or Boeing Service Bulletin 767–
28A0084, Revision 1, dated April 26, 2007;
as applicable; to do the actions required by
this AD, unless the AD specifies otherwise.
If you accomplish the optional terminating
action specified by this AD, you must use
Boeing Alert Service Bulletin 767–28A0050,
dated December 18, 1997; or Boeing Service
Bulletin 767–28A0050, Revision 1, dated
December 22, 1999; to perform those actions,
unless the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
Boeing Service Bulletin 767–28A0083,
Revision 2, dated February 12, 2009; and
Boeing Service Bulletin 767–28A0084,
Revision 1, dated April 26, 2007; under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) The Director of the Federal Register
previously approved the incorporation by
reference of Boeing Alert Service Bulletin
767–28A0050, dated December 18, 1997; and
Boeing Service Bulletin 767–28A050,
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05AUR1
38910
Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations
Revision 1, dated December 22, 1999; on
September 4, 2001 (66 FR 39417, July 31,
2001).
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, Washington 98124–2207; telephone
206–544–5000, extension 1; fax 206–766–
5680; e-mail me.boecom@boeing.com;
Internet https://www.myboeingfleet.com.
(4) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221 or 425–227–1152.
(5) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on July 24,
2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–18423 Filed 8–4–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0691; Directorate
Identifier 2009–NM–061–AD; Amendment
39–15988; AD 2009–16–05]
RIN 2120–AA64
Airworthiness Directives; Fokker
Model F.27 Mark 050 Airplanes
srobinson on DSKHWCL6B1PROD with RULES
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
SUMMARY: 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
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
During the walk around check on a Fokker
50 (F27 Mark 050) aeroplane, extensive
damage was found on the left hand (LH)
inner flap and nacelle. The damage had been
caused by a broken fork of the inner flap
outboard drive shaft. This resulted in
asymmetric flap extension and interference
VerDate Nov<24>2008
16:20 Aug 04, 2009
Jkt 217001
between the flap and the nacelle. A
metallurgical investigation showed that the
fork end failed in a fatigue mode. Most
probably the failure was caused by the
‘‘cyclic load’’ as a result of regularly reaching
the mechanical end stop position.
*
*
*
*
*
This condition, if not corrected, could lead
to further cases of asymmetric flap extension,
possibly resulting in loss of control of the
aeroplane.
*
*
*
*
*
This AD requires actions that are
intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective
August 20, 2009.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of August 20, 2009.
We must receive comments on this
AD by September 4, 2009.
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
W12–40, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Operations office (telephone
(800) 647–5527) is in the ADDRESSES
section. Comments will be available in
the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton,
Washington 98057–3356; telephone
(425) 227–1137; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
Community, has issued EASA
Airworthiness Directive 2009–0047,
dated March 2, 2009 (referred to after
this as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products.
The MCAI states:
During the walk around check on a Fokker
50 (F27 Mark 050) aeroplane, extensive
damage was found on the left hand (LH)
inner flap and nacelle. The damage had been
caused by a broken fork of the inner flap
outboard drive shaft. This resulted in
asymmetric flap extension and interference
between the flap and the nacelle. A
metallurgical investigation showed that the
fork end failed in a fatigue mode. Most
probably the failure was caused by the
‘‘cyclic load’’ as a result of regularly reaching
the mechanical end stop position.
A review of the Aircraft Maintenance
Manual (AMM) ‘end stop clearances check’
for aeroplane in post-SBF50–27–030
configuration, revealed that this inspection
procedure, to determine and correct the
clearance between the end stop and the flap
drive nut, may need some improvement,
which is now being considered. Further
investigation showed that this type of failure
has occurred previously on other Fokker 50
aeroplanes, but only those modified in
accordance with SBF50–27–030. A review of
the experience with pre-mod SBF50–27–030
aeroplane indicated that no failures have
been reported.
This condition, if not corrected, could lead
to further cases of asymmetric flap extension,
possibly resulting in loss of control of the
aeroplane.
For the reasons described above, this EASA
AD requires a one-time inspection of the
clearance between the flap mechanical drive
nut and the up and down stop and a nondestructive inspection of certain components,
if abutments marks are present or when the
up and/or down stop touches the drive nut
after a full up or down selection in the
hydraulic mode.
Based on the above described failure
scenario, the differences in the design
properties and the positive experience,
aeroplanes in pre-SBF50–27–030
configuration are not affected by this AD.
Corrective actions include readjusting
the up-stop position if clearance
between the flap mechanical drive nut
and the up-and-down-stop is incorrect,
and if any cracks are found during the
non-destructive inspection, replacing
the part with a serviceable part. You
may obtain further information by
examining the MCAI in the AD docket.
Relevant Service Information
Fokker has issued Service Bulletin
SBF50–27–043, dated November 17,
2008. The actions described in this
service information are intended to
correct the unsafe condition identified
in the MCAI.
E:\FR\FM\05AUR1.SGM
05AUR1
]]>Agencies
[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Rules and Regulations]
[Pages 38905-38910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18423]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-29173; Directorate Identifier 2006-NM-283-AD;
Amendment 39-15989; AD 2009-16-06]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for all
Boeing Model 767 airplanes. This AD requires installing an automatic
shutoff system for the auxiliary fuel tank override/jettison fuel pumps
(also referred to as center tank fuel pumps in the airplane flight
manual (AFM)), revising the AFM to advise the flightcrew of certain
operating restrictions for airplanes equipped with an automatic
auxiliary fuel tank pump shutoff control, and, for certain airplanes,
installing a placard to alert the flightcrew of certain fuel usage
restrictions. This AD provides optional terminating actions for certain
requirements. This AD results from a design review of the fuel tank
systems. We are issuing this AD to prevent an overheat condition
outside the center tank fuel 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.
[[Page 38906]]
DATES: This AD is effective September 9, 2009.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of September 9,
2009.
The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of
September 4, 2001 (66 FR 39417, July 31, 2001).
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; e-mail me.boecom@boeing.com;
Internet https://www.myboeingfleet.com.
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 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: Douglas Bryant, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6505; 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
all Boeing Model 767 airplanes. That NPRM was published in the Federal
Register on September 11, 2007 (72 FR 51725). That NPRM proposed to
require installing an automatic shutoff system for the auxiliary fuel
tank override/jettison pumps (referred to as center tank fuel pumps in
the airplane flight manual (AFM)), revising the AFM to advise the
flightcrew of certain operating restrictions for airplanes equipped
with an automatic auxiliary fuel tank pump shutoff control, revising
the Airworthiness Limitations Section (AWL) of certain maintenance
documents to include new inspections of the automatic shutoff system
for the auxiliary fuel tank override/jettison pumps, and, for certain
airplanes, installing a placard to alert the flightcrew of certain fuel
usage restrictions.
Actions Since NPRM was Issued
To avoid including redundant requirements in this AD, we have
removed the proposed requirement to revise the AWL section of certain
maintenance documents to include new inspections of the automatic
shutoff system for the auxiliary fuel tank override/jettison pumps.
This AWL revision is already required by AD 2008-11-01, amendment 39-
15523 (73 FR 29414, May 21, 2008), for certain Boeing Model 767-200, -
300, -300F, and -400ER series airplanes, with an original standard
airworthiness certificate or original export certificate issued before
April 22, 2006. Airplanes with a certificate issued on or after April
22, 2006, must already be compliant with the AWL revision because those
limitations were applicable as part of the airworthiness certification
of those airplanes. We have removed the AWL revision requirement from
this AD (which was in paragraph (i) of the NPRM) and re-identified
subsequent paragraphs.
We have combined the AFM text proposed in paragraphs (h)(1) and
(h)(2) of the NPRM into one paragraph, paragraph (h), in this AD. Doing
this moved the proposed revisions for the Normal Procedures section of
the AFM and placed them with the other proposed revisions for the
Certificate Limitation section of the AFM. We determined that the
Certification Limitation section is the more appropriate section in the
AFM for all of the revisions because the revisions are intended to be
airplane limitations. In the De-fueling and Fuel Transfer section of
the AFM text, we revised the text to address all fuel pumps instead of
only the center tank fuel pumps. The same concern (potential ignition
source) for dry running during de-fueling exists for the main tank
pumps. The limitation revisions required in this AD are similar to the
limitations that have been placed on other Boeing airplane models in
similar AD actions.
We have also revised the text in paragraph (m) of this AD (the
Alternative Methods of Compliance (AMOC) paragraph) to include more
contact information and further clarification on the AMOC process.
Boeing issued Revision 2, dated February 12, 2009, to Service
Bulletin 767-28A0083. We have revised paragraph (f) of this AD to
reference Revision 2 of the service bulletin and have revised paragraph
(g) of this AD to provide credit for Boeing Service Bulletin 767-
28A0083, Revision 1, dated April 26, 2007. Revision 2 of this service
bulletin corrects the wiring configuration group for some airplanes,
and adds and corrects some figures and references.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the six commenters.
Request to Clarify Service Bulletin
TDG Aerospace (TDG) states that after reviewing the requirements in
Section 25.981 of the Federal Aviation Regulations (14 CFR 25.981), it
questions whether the service bulletins (listed in the following table)
referenced in the NPRM are FAA approved.
Table--Service Bulletins Referenced in the NPRM
------------------------------------------------------------------------
Boeing Alert Service
Bulletin-- Revision-- Dated--
------------------------------------------------------------------------
767-28A0083................. 1.............. April 26, 2007.
767-28A0083................. Original....... May 3, 2006.
767-28A0084................. 1.............. April 26, 2007.
767-28A0084................. Original....... May 3, 2006.
------------------------------------------------------------------------
[[Page 38907]]
We have determined that the service information referenced in this
AD meets applicable requirements and is FAA-approved. No change to this
AD is necessary in this regard.
Request To Exclude Airplanes With Deactivated Center Fuel Tanks
All Nippon Airways (ANA) and ABX Air request that we exclude
airplanes with deactivated center fuel tanks from the requirements of
the NPRM. ANA suggests that we revise the applicability of the NPRM to
exclude airplanes with deactivated center fuel tanks. ANA states that
the center wing tank pumps of airplanes with deactivated center fuel
tanks do not have power provided to the pumps and, therefore, do not
pose a risk of ignition. ABX Air suggests that we add a paragraph
stating that no action is required for airplanes with center fuel tanks
deactivated in accordance with Boeing Alert Service Bulletin 767-
28A0050, dated December 18, 1997; or Boeing Service Bulletin 767-
28A0050, Revision 1, dated December 22, 1999. ABX Air also states that
if pumps cannot operate, the identified unsafe condition is eliminated.
ABX Air also states that paragraph (j) of the NPRM proposes to require
placards and that requiring placards that refer to AD 2001-15-08,
amendment 39-12342 (66 FR 39417, July 31, 2001) is inappropriate for
airplanes with deactivated fuel tanks.
We partially agree. We agree that deactivated center tank pumps do
not pose an ignition risk because there is no power provided to these
pumps. But to ensure that power cannot be applied to the pumps, we must
specifically require the method of deactivation. Boeing Alert Service
Bulletin 767-28A0050, dated December 18, 1997; or Boeing Service
Bulletin 767-28A0050, Revision 1, dated December 22, 1999; provide
adequate procedures for deactivating the center fuel tanks.
Deactivation of center tanks in accordance with these service bulletins
is approved as an optional terminating action for the requirements of
paragraphs (f), (h), and (i) of this AD, as indicated in new paragraph
(j) of this AD. For airplanes with tanks deactivated in a different
manner, operators must request approval of an AMOC, as specified in
paragraph (m) of this AD, and provide data to substantiate that the
deactivation methods will ensure the safety of the airplane. We have
also added new paragraph (k) to this AD to address airplanes on which
the center fuel tanks are reactivated.
In regard to the commenter's statement that requiring placards is
inappropriate for airplanes with deactivated fuel tanks, we agree that
the fuel management placard specified in paragraph (i) of this AD is
not necessary for airplanes with deactivated center fuel tanks. We have
included this information in paragraphs (j) and (k) of this AD
accordingly.
Request To Allow Operating Limitations as Terminating Action
UPS requests that we revise the NPRM to allow compliance with
certain operating limitations specified in AD 2001-15-08 (shutting off
the pumps below certain fuel weight limits) and AFM limitations
specified in the NPRM as terminating action for paragraphs (f) and (i)
of the NPRM (automatic shutoff system installation and fuel pump
operation limitations). According to UPS:
The benefit of having the automatic shutoff system is achieved
only if the flight crew fails to follow procedure. In this instance,
the issue becomes a flight crew training issue which needs to be
addressed in a different and more appropriate medium.
UPS also states that because AD 2001-15-08 limits operation of the
center fuel tank to more than 1,000 pounds of fuel at all times, the
fuel pump is submerged and there is no potential for an ignition
source.
UPS asserts that, when the pumps remain submerged with 1,000 pounds
of fuel, there is no opportunity for ignition sources to develop from
the pump, and those conditions effectively provide a level of safety
higher than that provided by installing the pump automatic shutoff as
proposed in the NPRM.
We disagree. AD 2001-15-08 requires, among other things, revising
the AFM to include procedures that will ensure that the center tank
fuel pumps are always operated with useable fuel levels (1,000 pounds
or more). However, that AD addressed a specific problem with the center
tank fuel pumps that could lead to an ignition source in the fuel tank.
Shutting off pumps with 1,000 pounds of fuel remaining is regarded only
as interim action for that specific unsafe condition, until the pump
power control system changes are incorporated. Even in the absence of
specific fuel pump ignition source issues, the fuel pump indication
features and crew procedures in the original design are now considered
to need corrective action to eliminate the reliance on flight crew
procedures to prevent extended dry pump operation. We are aware of
numerous accounts of pilots failing to turn pumps off at the current
requirement of 1,000 pounds. We have, therefore, determined that
installing the automatic shutoff system provides a higher level of
safety because it prevents extended dry running of the fuel pumps. We
have not changed this AD regarding this issue.
Request To Clarify Airplanes Affected by Certain Requirements
Boeing requests that we revise certain paragraphs of the NPRM to
identify affected airplanes. According to Boeing, Model 767 airplanes
beginning with line number 941 (VR088) have the center tank fuel pump
automatic shutoff system installed in production and should be excluded
from the retrofit requirements.
We agree, for the reason provided by Boeing. We have revised
paragraphs (f) and (h) of this AD to clarify the airplanes affected by
the requirements of those paragraphs.
Request To Include Means of Compliance for Universal Fault Interrupter
(UFI)
TDG states that it is currently certifying its UFI for use on Model
767 airplanes. TDG claims that the UFI, already implemented on other
Boeing airplanes, will provide (1) a center tank override pump
automatic shutoff, (2) uncommanded run protection (from control relay
failed in the ``ON'' position), and (3) electrical fault protection
(line-to-ground, line-to-line, open phases, etc.). TDG, therefore,
requests that we include the UFI as a means of compliance, if the
supplemental type certificate (STC) for the Model 767 UFI is approved
before the final rule is issued.
We disagree with the commenter's request. At this time, the TDG 767
STC has not yet been approved, so we cannot identify it as a method of
compliance for this AD. However, we recognize that a similar TDG STC
has been approved for Boeing Model 757 airplanes and that it was
identified as a method of compliance for a similar AD related to that
model. Once the 767 STC is issued, TDG may apply for approval of an
AMOC for the design, as provided by paragraph (m) of this AD.
Request To Match AFM and NPRM Language
Japan Airlines (JAL) advises of a discrepancy between the wording
in the corresponding portions of Boeing's current AFM and the original
NPRM. Paragraph (h)(2) of the NPRM states that center tank fuel
``pumps'' must not be on, but the latest revision to the AFM states
that center tank fuel ``pump switches'' must not be on.
We agree. The current AFM (correctly) contains the word
``switches.'' As the commenter points out, the wording should be
consistent in
[[Page 38908]]
both the AFM and this document. We have revised paragraph (h) of this
AD accordingly.
Request To Revise Description of Affected Pumps
Boeing requests that we revise the Summary and Relevant Service
Information sections of the NPRM. Specifically, reference to the
``auxiliary fuel tank boost pump'' should be changed to the ``override/
jettison fuel pump'' as the appropriate fuel pump in the auxiliary
tank. Boeing adds that references to fuel ``boost pumps'' are typically
associated with fuel pumps located in the main tanks, so referring to
auxiliary fuel pumps as ``boost pumps'' could be confusing.
We agree that the wording identified by the commenter could be
confusing. We have revised the Summary section and other relevant
sections in this AD as requested. The Relevant Service Information
section, however, is not repeated in this final rule. We have also
revised references to auxiliary tank pumps to ``center tank fuel
pumps'' throughout the rest of this AD for clarity and consistency with
the AFM text.
Request to Correct Paragraph Reference
JAL points out that Note 2 of the NPRM refers to paragraph (g) of
the AD, but should refer to paragraph (h). We agree and have revised
Note 1 in this AD (which was Note 2 in the NPRM) accordingly.
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 414 airplanes of U.S. registry.
The following table provides the estimated costs for U.S. operators to
comply with this AD. The fleet cost could be as high as $4,655,016.
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Affected airplane Average hourly
Affected airplanes groups Work hours labor rate Cost of parts Cost per airplane
--------------------------------------------------------------------------------------------------------------------------------------------------------
767[dash]200, 767[dash]300, 767[dash]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
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:
2009-16-06 Boeing: Amendment 39-15989. Docket No. FAA-2007-29173;
Directorate Identifier 2006-NM-283-AD.
Effective Date
(a) This airworthiness directive (AD) is effective September 9,
2009.
Affected ADs
(b) None.
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 center tank fuel 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.
Installation
(f) For Model 767 airplanes with line numbers 1 through 940
inclusive: Within 36 months after the effective date of this AD,
install an automatic shutoff system for the center tank fuel pump,
in accordance with Boeing Service Bulletin 767-28A0083, Revision 2,
dated February 12, 2009 (for Model 767-200, -300, and -300F
airplanes); or Boeing Service Bulletin 767-28A0084, Revision 1,
dated April 26, 2007 (for Model 767-400ER airplanes); as applicable.
[[Page 38909]]
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 service
information identified in Table 1 of this AD.
Table 1--Previous Issues of Service Bulletins
------------------------------------------------------------------------
Boeing service information Revision level Date
------------------------------------------------------------------------
Alert Service Bulletin 767- Original....... May 3, 2006.
28A0083.
Alert Service Bulletin 767- Original....... May 3, 2006.
28A0084.
Service Bulletin 767-28A0083 1.............. April 26, 2007.
------------------------------------------------------------------------
Revision of Airplane Flight Manual (AFM)
(h) For Model 767 airplanes with line numbers 1 through 940
inclusive: Concurrently with accomplishing the actions required by
paragraph (f) of this AD, revise Section 1, Certificate Limitations,
of the Boeing 767 AFM to include the following:
``CENTER TANK FUEL PUMPS
Center tank fuel pump switches 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 fuel pump low PRESS lights must be monitored and the respective
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.
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.''
This may be done by inserting a copy of this AD into the AFM.
Note 1: When statements identical to those in paragraph (h) 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.
Placard Installation
(i) For Model 767-200, -300, or -300F airplanes that meet the
conditions of paragraphs (i)(1) and (i)(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 flightcrew 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 (m) 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 2: 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.
Optional Terminating Action for Paragraphs (f), (h), and (i) of this
AD: Deactivation of Center Fuel Tanks
(j) Deactivation of the center fuel tanks, in accordance with
Boeing Alert Service Bulletin 767-28A0050, dated December 18, 1997;
or Boeing Service Bulletin 767-28A0050, Revision 1, dated December
22, 1999; terminates the requirements of paragraphs (f), (h), and
(i) of this AD, except as provided by paragraph (k) of this AD.
Reactivation of Center Fuel Tanks
(k) For any airplane on which the center fuel tank is
reactivated, the center fuel tank must be reactivated in accordance
with a method approved by the Manager, Seattle Aircraft
Certification Office (ACO), FAA. For any airplane on which the
center fuel tank is reactivated, the requirements of paragraphs (f),
(h), and (i) of this AD must be done before further flight following
the reactivation, or within 36 months after the effective date of
this AD, whichever occurs later. For a reactivation method to be
approved, the reactivation method must meet the certification basis
of the airplane, and the approval must specifically reference this
AD.
Terminating Action for AD 2001-15-08
(l) For airplanes that have automatic shutoff systems installed:
Accomplishing paragraphs (f) and (i) of this AD terminates the
requirements of paragraphs (b) and (c) of AD 2001-15-08.
Alternative Methods of Compliance (AMOCs)
(m)(1) The Manager, Seattle ACO, 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: Douglas Bryant, Aerospace
Engineer, Propulsion Branch, ANM-140S, FAA, Seattle ACO, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-
6505; fax (425) 917-6590. Or, e-mail information to 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(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 principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
Material Incorporated by Reference
(n) You must use Boeing Service Bulletin 767-28A0083, Revision
2, dated February 12, 2009; or Boeing Service Bulletin 767-28A0084,
Revision 1, dated April 26, 2007; as applicable; to do the actions
required by this AD, unless the AD specifies otherwise. If you
accomplish the optional terminating action specified by this AD, you
must use Boeing Alert Service Bulletin 767-28A0050, dated December
18, 1997; or Boeing Service Bulletin 767-28A0050, Revision 1, dated
December 22, 1999; to perform those actions, unless the AD specifies
otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of Boeing Service Bulletin 767-28A0083,
Revision 2, dated February 12, 2009; and Boeing Service Bulletin
767-28A0084, Revision 1, dated April 26, 2007; under 5 U.S.C. 552(a)
and 1 CFR part 51.
(2) The Director of the Federal Register previously approved the
incorporation by reference of Boeing Alert Service Bulletin 767-
28A0050, dated December 18, 1997; and Boeing Service Bulletin 767-
28A050,
[[Page 38910]]
Revision 1, dated December 22, 1999; on September 4, 2001 (66 FR
39417, July 31, 2001).
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax 206-766-5680; e-mail
me.boecom@boeing.com; Internet https://www.myboeingfleet.com.
(4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221 or 425-227-1152.
(5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on July 24, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-18423 Filed 8-4-09; 8:45 am]
BILLING CODE 4910-13-P
