Airworthiness Directives; Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP Series Airplanes, 56098-56101 [E9-26123]
Download as PDF
<![CDATA[
56098
Federal Register / Vol. 74, No. 209 / Friday, October 30, 2009 / Rules and Regulations
participation in the Program and may
restrict further sales under the Program
until SBA determines that the Seller has
provided sufficient documentation.
§ 120.1721
SBA’s offset rights.
SBA shall have the right to offset any
amount owed by Lender to SBA,
including, without limitation, an offset
against CSA’s obligation to pay Lender
pursuant to any Section 504 First
Mortgage Loan Pool Guarantee
Agreement.
§ 120.1723
by Seller.
Pool Loan receivables received
Any Pool Loan Receivables received
by Seller in connection with obligations
under Seller’s Pool Loan must be
forwarded by Seller to CSA within two
business days of receipt of collected
funds.
§ 120.1724
expenses.
Servicing and liquidation
All ordinary and reasonable expenses
of servicing and liquidating Seller’s Pool
Loan shall be paid by, or be recoverable
from, Obligor, and all such ordinary and
reasonable expenses incurred by Seller
or SBA which are not recoverable from
Obligor shall be shared ratably by Seller,
SBA, and the Pool Originator pursuant
to the applicable percentages set forth in
the First Lien Position 504 Loan Pool
Guarantee Agreement.
§ 120.1725 No Program Preference by
Seller or Pool Originator.
The Seller and the Pool Originator
must not establish a Program Preference,
which is defined in 13 CFR 120.10.
srobinson on DSKHWCL6B1PROD with RULES
§ 120.1726 Pool Certificates a Seller
cannot purchase.
Neither a Seller, nor any of its
Program Associates or Affiliates, may
purchase a Pool Certificate that is
backed by a Loan Interest in a Pool Loan
that the Seller, or any of its Program
Associates or Affiliates, originated or
owned, and, in the event such purchase
occurs, SBA’s guarantee shall not be in
effect with respect to any such Pool
Certificate.
Dated: October 26, 2009.
Karen G. Mills,
Administrator.
[FR Doc. E9–26211 Filed 10–28–09; 11:15
am]
BILLING CODE 8025–01–P
VerDate Nov<24>2008
16:17 Oct 29, 2009
Jkt 220001
Federal Aviation Administration
14 CFR Part 39
SBA’s right to investigate.
SBA may undertake such
investigation as it deems necessary to
determine whether it is entitled to seek
recovery from the Seller and Seller
agrees to take whatever actions are
necessary to facilitate such
investigation.
§ 120.1722
DEPARTMENT OF TRANSPORTATION
[Docket No. FAA–2009–1000; Directorate
Identifier 2009–NM–164–AD; Amendment
39–16070; AD 2008–10–07 R1]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 747–100, 747–100B, 747–100B
SUD, 747–200B, 747–200C, 747–200F,
747–300, 747SR, and 747SP Series
Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
SUMMARY: The FAA is revising an
existing airworthiness directive (AD),
which applies to all Boeing Model 747–
100, 747–100B, 747–100B SUD, 747–
200B, 747–200C, 747–200F, 747–300,
747SR, and 747SP series airplanes. That
AD currently requires revising the FAAapproved maintenance program by
incorporating new airworthiness
limitations (AWLs) for fuel tank systems
to satisfy Special Federal Aviation
Regulation No. 88 requirements. That
AD also requires the initial inspection of
certain repetitive AWL inspections to
phase in those inspections, and repair if
necessary. This AD clarifies the
intended effect of the AD on spare and
on-airplane fuel tank system
components. This AD results from a
design review of the fuel tank systems.
We are issuing this AD to prevent the
potential for ignition sources inside fuel
tanks caused by latent failures,
alterations, repairs, or maintenance
actions, which, in combination with
flammable fuel vapors, could result in a
fuel tank explosion and consequent loss
of the airplane.
DATES: This AD is effective November
16, 2009.
On June 12, 2008 (73 FR 25977, May
8, 2008), the Director of the Federal
Register approved the incorporation by
reference of a certain publication listed
in the AD.
We must receive any comments on
this AD by December 14, 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,
PO 00000
Frm 00012
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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, 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 street address for
the Docket 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:
Douglas Bryant, Aerospace Engineer,
Propulsion Branch, ANM–140S, Seattle
Aircraft Certification Office, FAA, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 917–6505;
fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Discussion
On April 28, 2008, we issued AD
2008–10–07, amendment 39–15513 (73
FR 25977, May 8, 2008). That AD
applies to all Boeing Model 747–100,
747–100B, 747–100B SUD, 747–200B,
747–200C, 747–200F, 747–300, 747SR,
and 747SP series airplanes. That AD
requires revising the FAA-approved
maintenance program by incorporating
new airworthiness limitations (AWLs)
for fuel tank systems to satisfy Special
Federal Aviation Regulation No. 88
requirements. That AD also requires the
initial inspection of certain repetitive
AWL inspections to phase in those
inspections, and repair if necessary.
That AD resulted from a design review
of the fuel tank systems. The actions
specified in that AD are intended to
prevent the potential for ignition
sources inside fuel tanks caused by
latent failures, alterations, repairs, or
maintenance actions, which, in
combination with flammable fuel
vapors, could result in a fuel tank
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explosion and consequent loss of the
airplane.
Critical design configuration control
limitations (CDCCLs) are limitation
requirements to preserve a critical
ignition source prevention feature of the
fuel tank system design that is necessary
to prevent the occurrence of an unsafe
condition. The purpose of a CDCCL is
to provide instruction to retain the
critical ignition source prevention
feature during configuration change that
may be caused by alterations, repairs, or
maintenance actions. A CDCCL is not a
periodic inspection.
Actions Since AD Was Issued
Since we issued that AD, we have
determined that it is necessary to clarify
the AD’s intended effect on spare and
on-airplane fuel tank system
components, regarding the use of
maintenance manuals and instructions
for continued airworthiness.
Section 91.403(c) of the Federal
Aviation Regulations (14 CFR 91.403(c)
specifies the following:
No person may operate an aircraft for
which a manufacturer’s maintenance manual
or instructions for continued airworthiness
has been issued that contains an
airworthiness limitation section unless the
mandatory * * * procedures * * * have
been complied with.
Some operators have questioned
whether existing components affected
by the new CDCCLs must be reworked.
We did not intend for the AD to
retroactively require rework of
components that had been maintained
using acceptable methods before the
effective date of the AD. Owners and
operators of the affected airplanes
therefore are not required to rework
affected components identified as
airworthy or installed on the affected
airplanes before the required revisions
of the FAA-approved maintenance
program. But once the CDCCLs are
incorporated into the FAA-approved
maintenance program, future
maintenance actions on components
must be done in accordance with those
CDCCLs.
FAA’s Determination and Requirements
of This AD
The unsafe condition described
previously is likely to exist or develop
on other airplanes of the same type
design. For this reason, we are issuing
this AD to revise AD 2008–10–07. This
new AD retains the requirements of the
existing AD, and adds a new note to
clarify the intended effect of the AD on
spare and on-airplane fuel tank system
components.
Explanation of Additional Change to
AD
AD 2008–10–07 allowed the use of
alternative inspections, inspection
intervals, and CDCCLs if they are part of
a later revision of the Boeing 747–100/
200/300/SP Airworthiness Limitations
(AWLs) and Certification Maintenance
Requirements (CMRs), D6–13747–CMR,
Revision March 2008. AD 2008–10–07
also allowed use of later revisions of
Boeing 747–100/200/300/SP
Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), D6–13747–CMR, Revision
March 2008. Those provisions have
been removed from this AD. Allowing
the use of ‘‘a later revision’’ of a specific
service document violates Office of the
Federal Register policies for approving
materials that are incorporated by
reference. Affected operators, however,
may request approval to use an
alternative inspection, inspection
interval, or CDCCL that is part of a later
revision of the referenced service
document as an alternative method of
compliance, under the provisions of
paragraph (k) of this AD.
Costs of Compliance
This revision imposes no additional
economic burden. The current costs for
this AD are repeated for the
convenience of affected operators, as
follows:
There are about 308 airplanes of the
affected design in the worldwide fleet.
The following table provides the
estimated costs, at an average labor rate
of $80 per work hour, for U.S. operators
to comply with this AD.
ESTIMATED COSTS
Action
Work hours
Maintenance program revision ..............................................
Inspections ............................................................................
FAA’s Justification and Determination
of the Effective Date
This revision merely clarifies the
intended effect on spare and on-airplane
fuel tank system components, and
makes no substantive change to the
AD’s requirements. For this reason, it is
found that notice and opportunity for
prior public comment for this action are
unnecessary, and good cause exists for
making this amendment effective in less
than 30 days.
srobinson on DSKHWCL6B1PROD with RULES
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not provide you with notice and
an opportunity to provide your
comments before it becomes effective.
However, we invite you to send any
written data, views, or arguments about
VerDate Nov<24>2008
16:17 Oct 29, 2009
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Parts
8
8
None ............
None ............
this AD. Send your comments to an
address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2009–1000; Directorate Identifier 2009–
NM–164–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this AD. We will consider all
comments received by the closing date
and may amend this 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 AD.
PO 00000
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Cost per
airplane
Sfmt 4700
$640
640
Number of
U.S.-registered
airplanes
Fleet cost
93
93
$59,520
59,520
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
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Federal Register / Vol. 74, No. 209 / Friday, October 30, 2009 / Rules and Regulations
that is likely to exist or develop on
products identified in this rulemaking
action.
2008–10–07 R1 Boeing: Amendment 39–
16070. Docket No. FAA–2009–1000;
Directorate Identifier 2009–NM–164–AD.
Regulatory Findings
We have determined that 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 the regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
See the ADDRESSES section for a location
to examine the regulatory evaluation.
Effective Date
(a) This airworthiness directive (AD) is
effective November 16, 2009.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Unsafe Condition
(d) This AD results from a design review
of the fuel tank systems. We are issuing this
AD to prevent the potential for ignition
sources inside fuel tanks caused by latent
failures, alterations, repairs, or maintenance
actions, which, in combination with
flammable fuel vapors, could result in a fuel
tank explosion and consequent loss of the
airplane.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends part 39 of the Federal
Aviation Regulations (14 CFR part 39) as
follows:
■
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing amendment 39–15513 (73 FR
25977, May 8, 2008) and adding the
following new AD:
■
2008. (For the purposes of Revision March
2008 of Document D6–13747–CMR, the
Model 747SR series airplane is basically a
Model 747–100 series airplane with certain
modifications to improve fatigue life.)
Maintenance Program Revision
Affected ADs
(b) This AD revises AD 2008–10–07.
Applicability
(c) This AD applies to all Boeing Model
747–100, 747–100B, 747–100B SUD, 747–
200B, 747–200C, 747–200F, 747–300, 747SR,
and 747SP series airplanes, certificated in
any category.
Note 1: This AD requires revisions to
certain operator maintenance documents to
include new inspections. Compliance with
these inspections is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired in
the areas addressed by these inspections, the
operator may not be able to accomplish the
inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c),
the operator must request approval for an
alternative method of compliance (AMOC)
according to paragraph (k) of this AD. The
request should include a description of
changes to the required inspections that will
ensure the continued operational safety of
the airplane.
(g) Before December 16, 2008, revise the
FAA-approved maintenance program to
incorporate the information in Section D,
‘‘AIRWORTHINESS LIMITATIONS—
SYSTEMS,’’ AWLs No. 28–AWL–01 through
No. 28–AWL–19 inclusive, of Revision
March 2008 of Document D6–13747–CMR;
except that the initial inspections required by
paragraph (h) of this AD must be done at the
applicable compliance time specified in that
paragraph. As an optional action, AWLs No.
28–AWL–20 through No. 28–AWL–23
inclusive, as identified in Section D of
Revision March 2008 of Document D6–
13747–CMR, also may be incorporated into
the FAA-approved maintenance program.
Initial Inspections and Repair if Necessary
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.
(h) Do the inspections specified in Table 1
of this AD at the compliance time specified
in Table 1 of this AD, and repair any
discrepancy, in accordance with Section D of
Revision March 2008 of Document D6–
13747–CMR. The repair must be done before
further flight. Accomplishing the inspections
identified in Table 1 of this AD as part of an
FAA-approved maintenance program before
the applicable compliance time specified in
Table 1 of this AD constitutes compliance
with the requirements of this paragraph.
Note 2: 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.’’
Restatement of AD 2008–10–07 With
Changes to Compliance Method: Service
Information Reference
(f) The term ‘‘Revision March 2008 of
Document D6–13747–CMR,’’ as used in this
AD, means Boeing 747–100/200/300/SP
Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), D6–13747–CMR, Revision March
Note 3: For the purposes of this AD, a
special detailed inspection is: ‘‘An intensive
examination of a specific item, installation,
or assembly to detect damage, failure, or
irregularity. The examination is likely to
make extensive use of specialized inspection
techniques and/or equipment. Intricate
cleaning and substantial access or
disassembly procedure may be required.’’
TABLE 1—INITIAL INSPECTIONS
AWL No.
Compliance time
(whichever occurs later)
Description
srobinson on DSKHWCL6B1PROD with RULES
Threshold
28–AWL–01 .......
VerDate Nov<24>2008
A detailed inspection of external wires
over the center fuel tank for damaged
clamps, wire chafing, and wire bundles in contact with the surface of the
center fuel tank.
16:17 Oct 29, 2009
Jkt 220001
PO 00000
Frm 00014
Grace period
Within 144 months since the date of
issuance of the original standard airworthiness certificate or the date of
issuance of the original export certificate of airworthiness.
Within 72 months after June 12, 2008
(the effective date of AD 2008–10–
07).
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56101
TABLE 1—INITIAL INSPECTIONS—Continued
AWL No.
Compliance time
(whichever occurs later)
Description
Threshold
28–AWL–03 .......
28–AWL–13 .......
A special detailed inspection of the
lightning shield to ground termination
on the out-of-tank fuel quantity indicating system to verify functional integrity.
A special detailed inspection of the fault
current bond of the fueling shutoff
valve actuator of the center wing tank
to verify electrical bond.
No Alternative Inspections, Inspection
Intervals, or Critical Design Configuration
Control Limitations (CDCCLs)
(i) After accomplishing the actions
specified in paragraphs (g) and (h) of this AD,
no alternative inspections, inspection
intervals, or CDCCLs may be used unless the
inspections, intervals, or CDCCLs are
approved as an AMOC in accordance with
the procedures specified in paragraph (k) of
this AD.
Credit for Actions Done According to
Previous Revisions of the Service
Information
(j) Actions done before the June 12, 2008,
in accordance with Boeing 747–100/200/300/
SP Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), D6–13747–CMR, Revision March
2006; Revision May 2006; Revision December
2006; Revision January 2007; Revision
September 2007; or Revision January 2008;
are acceptable for compliance with the
corresponding requirements of paragraphs (g)
and (h) of this AD.
New Information
Explanation of CDCCL Requirements
srobinson on DSKHWCL6B1PROD with RULES
Note 4: Notwithstanding any other
maintenance or operational requirements,
components that have been identified as
airworthy or installed on the affected
airplanes before the revision of the FAAapproved maintenance program, as required
by paragraph (g) of this AD, do not need to
be reworked in accordance with the CDCCLs.
However, once the FAA-approved
maintenance program has been revised,
future maintenance actions on these
components must be done, in accordance
with the CDCCLs.
Alternative Methods of Compliance
(AMOCs)
(k)(1) The Manager, Seattle Aircraft
Certification Office (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, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
917–6505; fax (425) 917–6590. Or, e-mail
VerDate Nov<24>2008
16:17 Oct 29, 2009
Jkt 220001
Grace period
Within 144 months since the date of
issuance of the original standard airworthiness certificate or the date of
issuance of the original export certificate of airworthiness.
Within 144 months since the date of
issuance of the original standard airworthiness certificate or the date of
issuance of the original export certificate of airworthiness.
information to 9-ANM-Seattle-ACO-AMOCRequests-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.
Within 24 months after June 12, 2008.
Within 60 months after June 12, 2008.
Issued in Renton, Washington, on October
22, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–26123 Filed 10–29–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Material Incorporated by Reference
14 CFR Part 39
(l) You must use Boeing 747–100/200/300/
SP Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), D6–13747–CMR, Revision March
2008, to do the actions required by this AD,
unless the AD specifies otherwise.
(1) The Director of the Federal Register
previously approved the incorporation by
reference of Boeing 747–100/200/300/SP
Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), D6–13747–CMR, Revision March
2008, on June 12, 2008 (73 FR 25977, May
8, 2008).
(2) 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.
(3) 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.
(4) 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.
[Docket No. FAA–2009–1001; Directorate
Identifier 2009–NM–166–AD; Amendment
39–16071; AD 2008–04–18 R1]
PO 00000
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RIN 2120–AA64
Airworthiness Directives; EMBRAER
Model EMB–120, –120ER, –120FC,
–120QC, and –120RT Airplanes
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 that would revise
an existing AD. 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:
It has been found that former revisions of
the Maintenance Review Board Report
(MRBR) of the EMB–120( ) aircraft do not
fully comply with some Critical Design
Configuration Control Limitations (CDCCL)
and Fuel System Limitations (FSL). These
limitations are necessary to preclude ignition
sources in the fuel system, as required by
RBHA–E88/SFAR–88 (Special Federal
Aviation Regulation No. 88).
*
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*
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*
]]>Agencies
[Federal Register Volume 74, Number 209 (Friday, October 30, 2009)]
[Rules and Regulations]
[Pages 56098-56101]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26123]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-1000; Directorate Identifier 2009-NM-164-AD;
Amendment 39-16070; AD 2008-10-07 R1]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 747-100, 747-100B, 747-
100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is revising an existing airworthiness directive (AD),
which applies to all Boeing Model 747-100, 747-100B, 747-100B SUD, 747-
200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP series airplanes.
That AD currently requires revising the FAA-approved maintenance
program by incorporating new airworthiness limitations (AWLs) for fuel
tank systems to satisfy Special Federal Aviation Regulation No. 88
requirements. That AD also requires the initial inspection of certain
repetitive AWL inspections to phase in those inspections, and repair if
necessary. This AD clarifies the intended effect of the AD on spare and
on-airplane fuel tank system components. This AD results from a design
review of the fuel tank systems. We are issuing this AD to prevent the
potential for ignition sources inside fuel tanks caused by latent
failures, alterations, repairs, or maintenance actions, which, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.
DATES: This AD is effective November 16, 2009.
On June 12, 2008 (73 FR 25977, May 8, 2008), the Director of the
Federal Register approved the incorporation by reference of a certain
publication listed in the AD.
We must receive any comments on this AD by December 14, 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 W12-140, 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, 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 street address for
the Docket 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: Douglas Bryant, Aerospace Engineer,
Propulsion Branch, ANM-140S, Seattle Aircraft Certification Office,
FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6505; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
On April 28, 2008, we issued AD 2008-10-07, amendment 39-15513 (73
FR 25977, May 8, 2008). That AD applies to all Boeing Model 747-100,
747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR,
and 747SP series airplanes. That AD requires revising the FAA-approved
maintenance program by incorporating new airworthiness limitations
(AWLs) for fuel tank systems to satisfy Special Federal Aviation
Regulation No. 88 requirements. That AD also requires the initial
inspection of certain repetitive AWL inspections to phase in those
inspections, and repair if necessary. That AD resulted from a design
review of the fuel tank systems. The actions specified in that AD are
intended to prevent the potential for ignition sources inside fuel
tanks caused by latent failures, alterations, repairs, or maintenance
actions, which, in combination with flammable fuel vapors, could result
in a fuel tank
[[Page 56099]]
explosion and consequent loss of the airplane.
Critical design configuration control limitations (CDCCLs) are
limitation requirements to preserve a critical ignition source
prevention feature of the fuel tank system design that is necessary to
prevent the occurrence of an unsafe condition. The purpose of a CDCCL
is to provide instruction to retain the critical ignition source
prevention feature during configuration change that may be caused by
alterations, repairs, or maintenance actions. A CDCCL is not a periodic
inspection.
Actions Since AD Was Issued
Since we issued that AD, we have determined that it is necessary to
clarify the AD's intended effect on spare and on-airplane fuel tank
system components, regarding the use of maintenance manuals and
instructions for continued airworthiness.
Section 91.403(c) of the Federal Aviation Regulations (14 CFR
91.403(c) specifies the following:
No person may operate an aircraft for which a manufacturer's
maintenance manual or instructions for continued airworthiness has
been issued that contains an airworthiness limitation section unless
the mandatory * * * procedures * * * have been complied with.
Some operators have questioned whether existing components affected
by the new CDCCLs must be reworked. We did not intend for the AD to
retroactively require rework of components that had been maintained
using acceptable methods before the effective date of the AD. Owners
and operators of the affected airplanes therefore are not required to
rework affected components identified as airworthy or installed on the
affected airplanes before the required revisions of the FAA-approved
maintenance program. But once the CDCCLs are incorporated into the FAA-
approved maintenance program, future maintenance actions on components
must be done in accordance with those CDCCLs.
FAA's Determination and Requirements of This AD
The unsafe condition described previously is likely to exist or
develop on other airplanes of the same type design. For this reason, we
are issuing this AD to revise AD 2008-10-07. This new AD retains the
requirements of the existing AD, and adds a new note to clarify the
intended effect of the AD on spare and on-airplane fuel tank system
components.
Explanation of Additional Change to AD
AD 2008-10-07 allowed the use of alternative inspections,
inspection intervals, and CDCCLs if they are part of a later revision
of the Boeing 747-100/200/300/SP Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), D6-13747-CMR, Revision
March 2008. AD 2008-10-07 also allowed use of later revisions of Boeing
747-100/200/300/SP Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D6-13747-CMR, Revision March 2008.
Those provisions have been removed from this AD. Allowing the use of
``a later revision'' of a specific service document violates Office of
the Federal Register policies for approving materials that are
incorporated by reference. Affected operators, however, may request
approval to use an alternative inspection, inspection interval, or
CDCCL that is part of a later revision of the referenced service
document as an alternative method of compliance, under the provisions
of paragraph (k) of this AD.
Costs of Compliance
This revision imposes no additional economic burden. The current
costs for this AD are repeated for the convenience of affected
operators, as follows:
There are about 308 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs, at
an average labor rate of $80 per work hour, for U.S. operators to
comply with this AD.
Estimated Costs
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Number of U.S.-
Action Work hours Parts Cost per registered Fleet cost
airplane airplanes
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Maintenance program revision. 8 None............. $640 93 $59,520
Inspections.................. 8 None............. 640 93 59,520
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FAA's Justification and Determination of the Effective Date
This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change
to the AD's requirements. For this reason, it is found that notice and
opportunity for prior public comment for this action are unnecessary,
and good cause exists for making this amendment effective in less than
30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2009-1000; Directorate Identifier 2009-NM-164-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this 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 AD.
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
[[Page 56100]]
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that 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 the regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends part 39 of the Federal Aviation Regulations (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 removing amendment 39-15513 (73 FR
25977, May 8, 2008) and adding the following new AD:
2008-10-07 R1 Boeing: Amendment 39-16070. Docket No. FAA-2009-1000;
Directorate Identifier 2009-NM-164-AD.
Effective Date
(a) This airworthiness directive (AD) is effective November 16,
2009.
Affected ADs
(b) This AD revises AD 2008-10-07.
Applicability
(c) This AD applies to all Boeing Model 747-100, 747-100B, 747-
100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP
series airplanes, certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance (AMOC)
according to paragraph (k) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.
Unsafe Condition
(d) This AD results from a design review of the fuel tank
systems. We are issuing this AD to prevent the potential for
ignition sources inside fuel tanks caused by latent failures,
alterations, repairs, or maintenance actions, which, in combination
with flammable fuel vapors, could result in a fuel tank explosion
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.
Restatement of AD 2008-10-07 With Changes to Compliance Method: Service
Information Reference
(f) The term ``Revision March 2008 of Document D6-13747-CMR,''
as used in this AD, means Boeing 747-100/200/300/SP Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements
(CMRs), D6-13747-CMR, Revision March 2008. (For the purposes of
Revision March 2008 of Document D6-13747-CMR, the Model 747SR series
airplane is basically a Model 747-100 series airplane with certain
modifications to improve fatigue life.)
Maintenance Program Revision
(g) Before December 16, 2008, revise the FAA-approved
maintenance program to incorporate the information in Section D,
``AIRWORTHINESS LIMITATIONS--SYSTEMS,'' AWLs No. 28-AWL-01 through
No. 28-AWL-19 inclusive, of Revision March 2008 of Document D6-
13747-CMR; except that the initial inspections required by paragraph
(h) of this AD must be done at the applicable compliance time
specified in that paragraph. As an optional action, AWLs No. 28-AWL-
20 through No. 28-AWL-23 inclusive, as identified in Section D of
Revision March 2008 of Document D6-13747-CMR, also may be
incorporated into the FAA-approved maintenance program.
Initial Inspections and Repair if Necessary
(h) Do the inspections specified in Table 1 of this AD at the
compliance time specified in Table 1 of this AD, and repair any
discrepancy, in accordance with Section D of Revision March 2008 of
Document D6-13747-CMR. The repair must be done before further
flight. Accomplishing the inspections identified in Table 1 of this
AD as part of an FAA-approved maintenance program before the
applicable compliance time specified in Table 1 of this AD
constitutes compliance with the requirements of this paragraph.
Note 2: 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.''
Note 3: For the purposes of this AD, a special detailed
inspection is: ``An intensive examination of a specific item,
installation, or assembly to detect damage, failure, or
irregularity. The examination is likely to make extensive use of
specialized inspection techniques and/or equipment. Intricate
cleaning and substantial access or disassembly procedure may be
required.''
Table 1--Initial Inspections
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Compliance time (whichever
occurs later)
AWL No. Description ---------------------------------
Threshold Grace period
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28-AWL-01............ A detailed Within 144 Within 72
inspection of months since months after
external wires the date of June 12, 2008
over the issuance of (the effective
center fuel the original date of AD
tank for standard 2008-10-07).
damaged airworthiness
clamps, wire certificate or
chafing, and the date of
wire bundles issuance of
in contact the original
with the export
surface of the certificate of
center fuel airworthiness.
tank.
[[Page 56101]]
28-AWL-03............ A special Within 144 Within 24
detailed months since months after
inspection of the date of June 12, 2008.
the lightning issuance of
shield to the original
ground standard
termination on airworthiness
the out-of- certificate or
tank fuel the date of
quantity issuance of
indicating the original
system to export
verify certificate of
functional airworthiness.
integrity.
28-AWL-13............ A special Within 144 Within 60
detailed months since months after
inspection of the date of June 12, 2008.
the fault issuance of
current bond the original
of the fueling standard
shutoff valve airworthiness
actuator of certificate or
the center the date of
wing tank to issuance of
verify the original
electrical export
bond. certificate of
airworthiness.
------------------------------------------------------------------------
No Alternative Inspections, Inspection Intervals, or Critical Design
Configuration Control Limitations (CDCCLs)
(i) After accomplishing the actions specified in paragraphs (g)
and (h) of this AD, no alternative inspections, inspection
intervals, or CDCCLs may be used unless the inspections, intervals,
or CDCCLs are approved as an AMOC in accordance with the procedures
specified in paragraph (k) of this AD.
Credit for Actions Done According to Previous Revisions of the Service
Information
(j) Actions done before the June 12, 2008, in accordance with
Boeing 747-100/200/300/SP Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), D6-13747-CMR,
Revision March 2006; Revision May 2006; Revision December 2006;
Revision January 2007; Revision September 2007; or Revision January
2008; are acceptable for compliance with the corresponding
requirements of paragraphs (g) and (h) of this AD.
New Information
Explanation of CDCCL Requirements
Note 4: Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the FAA-
approved maintenance program, as required by paragraph (g) of this
AD, do not need to be reworked in accordance with the CDCCLs.
However, once the FAA-approved maintenance program has been revised,
future maintenance actions on these components must be done, in
accordance with the CDCCLs.
Alternative Methods of Compliance (AMOCs)
(k)(1) The Manager, Seattle Aircraft Certification Office (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, FAA, 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
(l) You must use Boeing 747-100/200/300/SP Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements
(CMRs), D6-13747-CMR, Revision March 2008, to do the actions
required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register previously approved the
incorporation by reference of Boeing 747-100/200/300/SP
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D6-13747-CMR, Revision March 2008, on June 12,
2008 (73 FR 25977, May 8, 2008).
(2) 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.
(3) 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.
(4) 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 October 22, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-26123 Filed 10-29-09; 8:45 am]
BILLING CODE 4910-13-P
