Airworthiness Directives; The Boeing Company Model 767 Airplanes, 68743-68746 [E9-30702]

Download as PDF Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Proposed Rules (1) Alternative Methods of Compliance (AMOCs): The Manager, New York Aircraft Certification Office (ACO), ANE–170, 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: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, New York, 11590; telephone 516–228–7300; fax 516– 794–5531. 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. (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 Transport Canada Civil Aviation Airworthiness Directive CF–2005– 12R1, dated December 23, 2008; and Bombardier Temporary Revision TR–39, dated March 2, 2005; for related information. Issued in Renton, Washington, on December 16, 2009. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–30651 Filed 12–28–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–1221; Directorate Identifier 2008–NM–097–AD] cprice-sewell on DSK2BSOYB1PROD with PROPOSALS-1 RIN 2120–AA64 Airworthiness Directives; The Boeing Company Model 767 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive (AD) for certain Model 767 airplanes. This proposed AD would require installing new panel VerDate Nov<24>2008 15:17 Dec 28, 2009 Jkt 220001 assemblies in the main equipment center and removing certain relays from some panels in the main equipment center. This proposed AD would also require revising the maintenance program to incorporate airworthiness limitations (AWLs) No. 28–AWL–27 and No. 28–AWL–28. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent possible sources of ignition in a fuel tank caused by electrical fault or uncommanded dry operation of the main tank boost pumps and center auxiliary tank override and jettison pumps. An ignition source in the fuel tank could result in a fire or an explosion and consequent loss of the airplane. DATES: We must receive comments on this proposed AD by February 12, 2010. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to http://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 proposed 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. You may review copies of the referenced 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. Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800–647–5527) is in the PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 68743 section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Louis Natsiopoulos, Aerospace Engineer, Systems and Equipment Branch, ANM–130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6478; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: ADDRESSES Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2009–1221; Directorate Identifier 2008–NM–097–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion The FAA has examined the underlying safety issues involved in fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the service history of airplanes subject to those regulations, and existing maintenance practices for fuel tank systems. As a result of those findings, we issued a regulation titled ‘‘Transport Airplane Fuel Tank System Design Review, Flammability Reduction and Maintenance and Inspection Requirements’’ (67 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and new maintenance requirements, this rule included Special Federal Aviation Regulation No. 88 (‘‘SFAR 88,’’ Amendment 21–78, and subsequent Amendments 21–82 and 21–83). Among other actions, SFAR 88 requires certain type design (i.e., type certificate (TC) and supplemental type certificate (STC)) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to type design holders for large turbine-powered transport airplanes and for subsequent E:\FR\FM\29DEP1.SGM 29DEP1 68744 Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Proposed Rules cprice-sewell on DSK2BSOYB1PROD with PROPOSALS-1 modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble to the rule, we intended to adopt airworthiness directives to mandate any changes found necessary to address unsafe conditions identified as a result of these reviews. In evaluating these design reviews, we have established four criteria intended to define the unsafe conditions associated with fuel tank systems that require corrective actions. The percentage of operating time during which fuel tanks are exposed to flammable conditions is one of these criteria. The other three criteria address the failure types under evaluation: single failures, single failures in combination with another latent condition(s), and in-service failure experience. For all four criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action. We have determined that the actions identified in this AD are necessary to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. Boeing advised us that wiring deterioration or damage in the main tank boost pumps or center auxiliary tank override and jettison pumps can result in electrical faults. Internal electrical faults in the pump or inside the pump wire bundle conduit could cause an ignition source in the fuel tank from an overheat condition or electrical arcs. There is also a safety concern that the center auxiliary tank override and jettison pumps might continue to operate dry for an extended period due to electrical faults or a single failure in the pump switch. The extended dry operation of the pump could cause overheating, electrical arcs, or frictional sparks in the fuel tank. An ignition source in the fuel tank could result in a fire or an explosion and consequent loss of the airplane. Other Related Rulemaking On May 8, 2008, we issued AD 2008– 11–01, amendment 39–15523 (73 FR 29414, May 21, 2008), for certain Model 767–200, –300, –300F, and –400ER series airplanes. That AD requires revising the maintenance program to incorporate new airworthiness limitations (AWLs) for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. That AD also requires an initial inspection to phase in certain repetitive AWL inspections, and repair if necessary. That AD resulted from a design review of the fuel tank systems. We issued that 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. Incorporating AWLs No. 28– AWL–27 and No. 28–AWL–28 into the maintenance program in accordance with paragraph (g)(2) of AD 2008–11–01 would terminate the action required by paragraph (h) of this proposed AD. On July 24, 2009, we issued AD 2009– 16–06, amendment 39–15989 (74 FR 38905, August 5, 2009), for all Model 767 airplanes. That 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. That AD provides optional terminating actions for certain requirements. That AD results from a design review of the fuel tank systems. We issued that 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. That AD requires installing the automatic shutoff system in accordance with Boeing Service Bulletin 767–28A0083, Revision 2, dated February 12, 2009, for Model 767–200, –300, and –300F series airplanes; or Boeing Service Bulletin 767–28A0084, Revision 1, dated April 26, 2007, for Model 767–400ER series airplanes. Those service bulletins would be required to be done prior to or concurrently with the installation of the panel assemblies proposed in this NPRM. Relevant Service Information We have reviewed Boeing Alert Service Bulletin 767–28A0085, dated January 10, 2008; and Boeing Service Bulletin 767–28A0085, Revision 1, dated June 25, 2009. Those service bulletins describe procedures for installing new P140 and P141 panel assemblies (including all applicable parts and components) in the main equipment center and removing certain VerDate Nov<24>2008 15:17 Dec 28, 2009 Jkt 220001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 relays. Applicable parts and components include, but are not limited to, support brackets and wiring supports. Removing certain relays involves removing the fuel boost pump control relays from the P33, P36, and P37 panels. Boeing Alert Service Bulletin 767– 28A0085 specifies that installing an automatic shutoff system for the auxiliary fuel tank pump specified in Boeing Service Bulletin 767–28A0083 should be done before or at the same time as installing the new P140 and P141 panel assemblies. Boeing Service Bulletin 767– 28A0085, Revision 1, dated June 25, 2009, adds Boeing Service Bulletin 767– 28A0084 to the concurrent requirements described above, includes information derived from a service bulletin validation process, and corrects some part numbers and work-hour estimates provided in Boeing Alert Service Bulletin 767–28A0085, dated January 10, 2008. We have also reviewed Section 9 (‘‘AIRWORTHINESS LIMITATIONS (AWLs) AND CERTIFICATION MAINTENANCE REQUIREMENTS (CMRs)’’) of the Boeing 767 Maintenance Planning Data (MPD) Document, D622T001–9, Revision March 2009 (hereafter referred to as ‘‘the MPD’’). Subsection E of the MPD contains fuel system AWL No. 28– AWL–27 that specifies, for certain airplanes, repetitive operational testing of the main fuel tank boost pumps and all ground fault indication (GFI) control relays for the center auxiliary tank override/jettison fuel pump. Subsection E of the MPD also contains fuel system AWL No. 28–AWL–28, that specifies, for certain airplanes, repetitive functional testing of the center auxiliary fuel tank override/jettison fuel pump uncommanded-on system. FAA’s Determination and Requirements of This Proposed AD We are proposing this AD because we evaluated all relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. This proposed AD would require the following actions: • Installing new P140 and P141 panel assemblies and all applicable parts and components in the main equipment center and removing certain relays. • Installing an automatic shutoff system for the center wing tank override boost pumps before or concurrently with the installation of the new P140 and P141 panel assemblies. • Revising the maintenance program to incorporate AWL No. 28–AWL–27 E:\FR\FM\29DEP1.SGM 29DEP1 68745 Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Proposed Rules that specifies, for certain airplanes, repetitive operations testing of the main fuel tank boost pumps and all GFI control relays for the center auxiliary tank override/jettison fuel pump. • Revising the maintenance program to incorporate AWL No. 28–AWL–28, that specifies, for certain airplanes, repetitive functional testing of the uncommanded-on system for the override/jettison fuel pump of the center auxiliary fuel tank. Costs of Compliance registry. 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 proposed AD. We estimate that this proposed AD would affect 416 airplanes of U.S. ESTIMATED COSTS Action Work hours Installing P140 and P141 panel assemblies and removing certain relays. Installing automatic shutoff system (prior/concurrent action). Revising maintenance program. Between 230 and 258 ....... Between $35,573 and $38,211. Between $53,973 and $58,851. Between $22,452,768 and $24,482,016. Between 3 and 29 ............. Between $421 and $9,374 Between $661 and $11,694. Between $274,976 and $4,864,704. 1 ........................................ None .................................. $80 .................................... $33,280. 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. cprice-sewell on DSK2BSOYB1PROD with PROPOSALS-1 Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866, 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities VerDate Nov<24>2008 15:17 Dec 28, 2009 Jkt 220001 Parts Cost per product 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. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: The Boeing Company: Docket No. FAA– 2009–1221; Directorate Identifier 2008– NM–097–AD. Comments Due Date (a) We must receive comments by February 12, 2010. Affected ADs (b) None. Applicability (c) This AD applies to The Boeing Company Model 767–200, –300, –300F, and –400ER series airplanes, certificated in any category; as identified in Boeing Service Bulletin 767–28A0085, Revision 1, dated June 25, 2009. Note 1: This AD requires revisions to certain operator maintenance documents to include new inspections. Compliance with these inspections is required by 14 CFR PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 Fleet cost 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 fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent possible sources of ignition in a fuel tank caused by electrical fault or uncommanded dry operation of the main tank boost pumps and center auxiliary tank override and jettison pumps. An ignition source in the fuel tank could result in a fire or an explosion, and consequent loss of the airplane. Compliance (e) Comply with this AD within the compliance times specified, unless already done. Installation of Panel Assemblies and Removal of Relays (f) Within 60 months after the effective date of this AD, install new P140 and P141 panel assemblies and all applicable parts and components in the main equipment center and removing the fuel boost pump control relays from the P33, P36, and P37 panels, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 767–28A0085, dated January 10, 2008; or Boeing Service Bulletin 767–28A0085, Revision 1, dated June 25, 2009. Before/Concurrent Installation (g) For airplanes identified in paragraph 1.A.1. of Boeing Service Bulletin 767– 28A0083, Revision 2, dated February 12, 2009; or Boeing Service Bulletin 767– 28A0084, Revision 1, dated April 26, 2007: Before or concurrently with accomplishing E:\FR\FM\29DEP1.SGM 29DEP1 68746 Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Proposed Rules the action required by paragraph (f) of this AD, install an automatic shutoff system for the auxiliary fuel tank pump in accordance with the Accomplishment Instructions of the applicable service information identified in Table 1 of this AD. Accomplishing the requirements of AD 2009–16–06, amendment 39–15989, terminates the requirements of this paragraph. TABLE 1—CONCURRENT SERVICE INFORMATION Boeing Service Bulletin— Revision— 767–28A0083 ....................................................................................................................................... 767-28A0083 ........................................................................................................................................ 767–28A0084 ....................................................................................................................................... Maintenance Program Revision (h) Concurrently with accomplishing the actions required by paragraph (f) of this AD, revise the maintenance program by incorporating airworthiness limitations (AWLs) No. 28–AWL–27 and No. 28–AWL– 28 of Section 9 (‘‘AIRWORTHINESS LIMITATIONS (AWLs) AND CERTIFICATION MAINTENANCE REQUIREMENTS (CMRs)’’) of the Boeing 767 Maintenance Planning Data (MPD) Document, D622T001–9, Revision March 2009. Terminating Action for AWLs Revision (i) Incorporating AWLs No. 28–AWL–27 and No. 28–AWL–28 into the maintenance program in accordance with paragraph (g)(2) of AD 2008–11–01, amendment 39–15523, terminates the action required by paragraph (h) of this AD. cprice-sewell on DSK2BSOYB1PROD with PROPOSALS-1 No Alternative Inspections or Inspection Intervals (j) After accomplishing the actions specified in paragraph (h) of this AD, no alterative inspections or inspection intervals may be used unless the inspections or intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (k) of this AD. AMOCs (k)(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: Louis Natsiopoulos, Aerospace Engineer, Systems and Equipment Branch, ANM–130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6478; fax (425) 917–6590. Or, e-mail information to 9ANM-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. Issued in Renton, Washington, on December 16, 2009. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–30702 Filed 12–28–09; 8:45 am] BILLING CODE 4910–13–P VerDate Nov<24>2008 15:17 Dec 28, 2009 Jkt 220001 Dated— 1 2 1 April 26, 2007. February 12, 2009. April 26, 2007. DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: Federal Aviation Administration Comments Invited 14 CFR Part 71 [Docket No. FAA–2009–1149; Airspace Docket No. 09–AGL–33] Proposed Amendment of Class E Airspace; West Bend, WI AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to amend Class E airspace at West Bend, WI. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at West Bend Municipal Airport, West Bend, WI. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport. DATES: 0901 UTC. Comments must be received on or before February 12, 2010. ADDRESSES: Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. You must identify the docket number FAA–2009– 1149/Airspace Docket No. 09–AGL–33, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1–800–647– 5527), is on the ground floor of the building at the above address. FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd, Fort Worth, TX 76137; telephone: 817–321– 7716. PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to Docket No. FAA–2009–1149/Airspace Docket No. 09–AGL–33.’’ The postcard will be date/time stamped and returned to the commenter. Availability of NPRM’s An electronic copy of this document may be downloaded through the Internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at http:// www.faa.gov/airports_airtraffic/ air_traffic/publications/ airspace_amendments/. Additionally, any person may obtain a copy of this notice by submitting a request to the Federal Aviation Administration (FAA), Office of Air Traffic Airspace Management, ATA– 400, 800 Independence Avenue, SW., Washington, DC 20591, or by calling 202–267–8783. Communications must identify both docket numbers for this notice. Persons interested in being placed on a mailing list for future NPRM’s should contact the FAA’s Office of Rulemaking 202–267–9677, to request a copy of Advisory Circular No. 11–2A, Notice of Proposed Rulemaking E:\FR\FM\29DEP1.SGM 29DEP1

Agencies

[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Proposed Rules]
[Pages 68743-68746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30702]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1221; Directorate Identifier 2008-NM-097-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Model 767 airplanes. This proposed AD would require installing 
new panel assemblies in the main equipment center and removing certain 
relays from some panels in the main equipment center. This proposed AD 
would also require revising the maintenance program to incorporate 
airworthiness limitations (AWLs) No. 28-AWL-27 and No. 28-AWL-28. This 
proposed AD results from fuel system reviews conducted by the 
manufacturer. We are proposing this AD to prevent possible sources of 
ignition in a fuel tank caused by electrical fault or uncommanded dry 
operation of the main tank boost pumps and center auxiliary tank 
override and jettison pumps. An ignition source in the fuel tank could 
result in a fire or an explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by February 12, 
2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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 proposed 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. You may review copies of the 
referenced 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Louis Natsiopoulos, Aerospace 
Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6478; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-1221; 
Directorate Identifier 2008-NM-097-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The FAA has examined the underlying safety issues involved in fuel 
tank explosions on several large transport airplanes, including the 
adequacy of existing regulations, the service history of airplanes 
subject to those regulations, and existing maintenance practices for 
fuel tank systems. As a result of those findings, we issued a 
regulation titled ``Transport Airplane Fuel Tank System Design Review, 
Flammability Reduction and Maintenance and Inspection Requirements'' 
(67 FR 23086, May 7, 2001). In addition to new airworthiness standards 
for transport airplanes and new maintenance requirements, this rule 
included Special Federal Aviation Regulation No. 88 (``SFAR 88,'' 
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent

[[Page 68744]]

modifications to those airplanes. It requires them to perform design 
reviews and to develop design changes and maintenance procedures if 
their designs do not meet the new fuel tank safety standards. As 
explained in the preamble to the rule, we intended to adopt 
airworthiness directives to mandate any changes found necessary to 
address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: single failures, single failures in 
combination with another latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    We have determined that the actions identified in this AD are 
necessary to reduce the potential of ignition sources inside fuel 
tanks, which, in combination with flammable fuel vapors, could result 
in fuel tank explosions and consequent loss of the airplane.
    Boeing advised us that wiring deterioration or damage in the main 
tank boost pumps or center auxiliary tank override and jettison pumps 
can result in electrical faults. Internal electrical faults in the pump 
or inside the pump wire bundle conduit could cause an ignition source 
in the fuel tank from an overheat condition or electrical arcs. There 
is also a safety concern that the center auxiliary tank override and 
jettison pumps might continue to operate dry for an extended period due 
to electrical faults or a single failure in the pump switch. The 
extended dry operation of the pump could cause overheating, electrical 
arcs, or frictional sparks in the fuel tank. An ignition source in the 
fuel tank could result in a fire or an explosion and consequent loss of 
the airplane.

Other Related Rulemaking

    On May 8, 2008, we issued AD 2008-11-01, amendment 39-15523 (73 FR 
29414, May 21, 2008), for certain Model 767-200, -300, -300F, and -
400ER series airplanes. That AD requires revising the maintenance 
program to incorporate new airworthiness limitations (AWLs) for fuel 
tank systems to satisfy Special Federal Aviation Regulation No. 88 
requirements. That AD also requires an initial inspection to phase in 
certain repetitive AWL inspections, and repair if necessary. That AD 
resulted from a design review of the fuel tank systems. We issued that 
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. 
Incorporating AWLs No. 28-AWL-27 and No. 28-AWL-28 into the maintenance 
program in accordance with paragraph (g)(2) of AD 2008-11-01 would 
terminate the action required by paragraph (h) of this proposed AD.
    On July 24, 2009, we issued AD 2009-16-06, amendment 39-15989 (74 
FR 38905, August 5, 2009), for all Model 767 airplanes. That 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. That AD provides optional terminating 
actions for certain requirements. That AD results from a design review 
of the fuel tank systems. We issued that 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. That AD requires installing the 
automatic shutoff system in accordance with Boeing Service Bulletin 
767-28A0083, Revision 2, dated February 12, 2009, for Model 767-200, -
300, and -300F series airplanes; or Boeing Service Bulletin 767-
28A0084, Revision 1, dated April 26, 2007, for Model 767-400ER series 
airplanes. Those service bulletins would be required to be done prior 
to or concurrently with the installation of the panel assemblies 
proposed in this NPRM.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 767-28A0085, dated 
January 10, 2008; and Boeing Service Bulletin 767-28A0085, Revision 1, 
dated June 25, 2009. Those service bulletins describe procedures for 
installing new P140 and P141 panel assemblies (including all applicable 
parts and components) in the main equipment center and removing certain 
relays. Applicable parts and components include, but are not limited 
to, support brackets and wiring supports. Removing certain relays 
involves removing the fuel boost pump control relays from the P33, P36, 
and P37 panels.
    Boeing Alert Service Bulletin 767-28A0085 specifies that installing 
an automatic shutoff system for the auxiliary fuel tank pump specified 
in Boeing Service Bulletin 767-28A0083 should be done before or at the 
same time as installing the new P140 and P141 panel assemblies.
    Boeing Service Bulletin 767-28A0085, Revision 1, dated June 25, 
2009, adds Boeing Service Bulletin 767-28A0084 to the concurrent 
requirements described above, includes information derived from a 
service bulletin validation process, and corrects some part numbers and 
work-hour estimates provided in Boeing Alert Service Bulletin 767-
28A0085, dated January 10, 2008.
    We have also reviewed Section 9 (``AIRWORTHINESS LIMITATIONS (AWLs) 
AND CERTIFICATION MAINTENANCE REQUIREMENTS (CMRs)'') of the Boeing 767 
Maintenance Planning Data (MPD) Document, D622T001-9, Revision March 
2009 (hereafter referred to as ``the MPD''). Subsection E of the MPD 
contains fuel system AWL No. 28-AWL-27 that specifies, for certain 
airplanes, repetitive operational testing of the main fuel tank boost 
pumps and all ground fault indication (GFI) control relays for the 
center auxiliary tank override/jettison fuel pump. Subsection E of the 
MPD also contains fuel system AWL No. 28-AWL-28, that specifies, for 
certain airplanes, repetitive functional testing of the center 
auxiliary fuel tank override/jettison fuel pump uncommanded-on system.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design. 
This proposed AD would require the following actions:
     Installing new P140 and P141 panel assemblies and all 
applicable parts and components in the main equipment center and 
removing certain relays.
     Installing an automatic shutoff system for the center wing 
tank override boost pumps before or concurrently with the installation 
of the new P140 and P141 panel assemblies.
     Revising the maintenance program to incorporate AWL No. 
28-AWL-27

[[Page 68745]]

that specifies, for certain airplanes, repetitive operations testing of 
the main fuel tank boost pumps and all GFI control relays for the 
center auxiliary tank override/jettison fuel pump.
     Revising the maintenance program to incorporate AWL No. 
28-AWL-28, that specifies, for certain airplanes, repetitive functional 
testing of the uncommanded-on system for the override/jettison fuel 
pump of the center auxiliary fuel tank.

Costs of Compliance

    We estimate that this proposed AD would affect 416 airplanes of 
U.S. registry. 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 proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
             Action                   Work hours             Parts         Cost per product       Fleet cost
----------------------------------------------------------------------------------------------------------------
Installing P140 and P141 panel    Between 230 and     Between $35,573     Between $53,973     Between
 assemblies and removing certain   258.                and $38,211.        and $58,851.        $22,452,768 and
 relays.                                                                                       $24,482,016.
Installing automatic shutoff      Between 3 and 29..  Between $421 and    Between $661 and    Between $274,976
 system (prior/concurrent                              $9,374.             $11,694.            and $4,864,704.
 action).
Revising maintenance program....  1.................  None..............  $80...............  $33,280.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866,
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979), and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2009-1221; Directorate Identifier 
2008-NM-097-AD.

Comments Due Date

    (a) We must receive comments by February 12, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category; as 
identified in Boeing Service Bulletin 767-28A0085, Revision 1, dated 
June 25, 2009.

    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 fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent possible sources of 
ignition in a fuel tank caused by electrical fault or uncommanded 
dry operation of the main tank boost pumps and center auxiliary tank 
override and jettison pumps. An ignition source in the fuel tank 
could result in a fire or an explosion, and consequent loss of the 
airplane.

Compliance

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

Installation of Panel Assemblies and Removal of Relays

    (f) Within 60 months after the effective date of this AD, 
install new P140 and P141 panel assemblies and all applicable parts 
and components in the main equipment center and removing the fuel 
boost pump control relays from the P33, P36, and P37 panels, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-28A0085, dated January 10, 2008; or Boeing 
Service Bulletin 767-28A0085, Revision 1, dated June 25, 2009.

Before/Concurrent Installation

    (g) For airplanes identified in paragraph 1.A.1. of Boeing 
Service Bulletin 767-28A0083, Revision 2, dated February 12, 2009; 
or Boeing Service Bulletin 767-28A0084, Revision 1, dated April 26, 
2007: Before or concurrently with accomplishing

[[Page 68746]]

the action required by paragraph (f) of this AD, install an 
automatic shutoff system for the auxiliary fuel tank pump in 
accordance with the Accomplishment Instructions of the applicable 
service information identified in Table 1 of this AD. Accomplishing 
the requirements of AD 2009-16-06, amendment 39-15989, terminates 
the requirements of this paragraph.

                                     Table 1--Concurrent Service Information
----------------------------------------------------------------------------------------------------------------
          Boeing Service Bulletin--              Revision--                         Dated--
----------------------------------------------------------------------------------------------------------------
767-28A0083..................................               1  April 26, 2007.
767[dash]28A0083.............................               2  February 12, 2009.
767-28A0084..................................               1  April 26, 2007.
----------------------------------------------------------------------------------------------------------------

Maintenance Program Revision

    (h) Concurrently with accomplishing the actions required by 
paragraph (f) of this AD, revise the maintenance program by 
incorporating airworthiness limitations (AWLs) No. 28-AWL-27 and No. 
28-AWL-28 of Section 9 (``AIRWORTHINESS LIMITATIONS (AWLs) AND 
CERTIFICATION MAINTENANCE REQUIREMENTS (CMRs)'') of the Boeing 767 
Maintenance Planning Data (MPD) Document, D622T001-9, Revision March 
2009.

Terminating Action for AWLs Revision

    (i) Incorporating AWLs No. 28-AWL-27 and No. 28-AWL-28 into the 
maintenance program in accordance with paragraph (g)(2) of AD 2008-
11-01, amendment 39-15523, terminates the action required by 
paragraph (h) of this AD.

No Alternative Inspections or Inspection Intervals

    (j) After accomplishing the actions specified in paragraph (h) 
of this AD, no alterative inspections or inspection intervals may be 
used unless the inspections or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (k) of this AD.

AMOCs

    (k)(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: Louis Natsiopoulos, 
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, 
Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356; telephone (425) 917-6478; 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.

    Issued in Renton, Washington, on December 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-30702 Filed 12-28-09; 8:45 am]
BILLING CODE 4910-13-P