Airworthiness Directives; The Boeing Company Airplanes, 26747-26750 [2016-09795]
Download as PDF
26747
Proposed Rules
Federal Register
Vol. 81, No. 86
Wednesday, May 4, 2016
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket Number EERE–2013–BT–STD–
0030]
RIN 1904–AD01
Energy Conservation Program: Energy
Conservation Standards for
Commercial Packaged Boilers
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Extension of public comment
period.
AGENCY:
On March 24, 2016, the U.S.
Department of Energy (DOE) published
in the Federal Register a notice of
proposed rulemaking (NOPR) for
commercial packaged boiler energy
conservation standards. This document
announces an extension of the public
comment period for submitting
comments on the NOPR or any other
aspect of the rulemaking for commercial
packaged boilers. The comment period
is extended to June 22, 2016.
DATES: The comment period for the
proposed rule published on March 24,
2016 (81 FR 15836), is extended. DOE
will accept comments, data, and
information regarding this rulemaking
received no later than June 22, 2016.
ADDRESSES: Interested persons may
submit comments, identified by docket
number EERE–2013–BT–STD–0030
and/or Regulation Identifier Number
(RIN) 1904–AD01, by any of the
following methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: PkgdBoilers2013STD0030@
ee.doe.gov. Include the docket number
EERE–2013–BT–STD–0030 and/or RIN
1904–AD01 in the subject line of the
message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–5B,
1000 Independence Avenue SW.,
Washington, DC 20585–0121. If
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
18:03 May 03, 2016
Jkt 238001
possible, please submit all items on a
compact disc (CD), in which case it is
not necessary to include printed copies.
[Please note that comments and CDs
sent by mail are often delayed and may
be damaged by mail screening
processes.]
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza SW., Suite 600,
Washington, DC 20024. Telephone (202)
586–2945. If possible, please submit all
items on CD, in which case it is not
necessary to include printed copies.
Docket: The docket is available for
review at www.regulations.gov,
including Federal Register notices,
framework documents, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials. All documents in
the docket are listed in the
www.regulations.gov index. However,
not all documents listed in the index
may be publicly available, such as
information that is exempt from public
disclosure.
The rulemaking Web page can be
found at: https://www1.eere.energy.gov/
buildings/appliance_standards/
standards.aspx?productid=8The Web
page contains a link to the docket for
this notice on the regulation.gov site.
The www.regulations.gov Web page
contains instructions on how to access
all documents in the docket, including
public comments.
FOR FURTHER INFORMATION CONTACT: Mr.
James Raba, U.S. Department of Energy,
Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–8654. Email:
Jim.Raba@ee.doe.gov.
In the Office of the General Counsel,
contact Mr. Peter Cochran, U.S.
Department of Energy, Office of the
General Counsel, GC–33, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–9496. Email:
Peter.Cochran@hq.doe.gov.
SUPPLEMENTARY INFORMATION: On March
24, 2016, DOE published in the Federal
Register a notice of proposed
rulemaking (NOPR) for Commercial
Packaged Boilers. 81 FR 15836. The
notice provided for submitting written
comments, data, and information by
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
May 23, 2016. DOE has received three
requests to suspend the rulemaking
until DOE completes a companion
rulemaking addressing test procedures
for commercial package boilers. (See:
AHRI, No. 51, Laclede, No. 52, and
AGA/APGA, No. 53). At this time, DOE
denies the request to suspend the
rulemaking for an undefined period of
time, as requested. However, in oral
comments at the April 21 public
meeting regarding proposed energy
conservation standards, a representative
from the Air-Conditioning, Heating, &
Refrigeration Institute (AHRI) requested
an extension of the comment period for
the NOPR, if DOE did not grant the
suspension previously requested. An
extension of the comment period would
allow additional time for AHRI and
other interested parties to examine the
data, information, and analysis
presented in the Commercial Packaged
Boilers Technical Support Document,
gather any additional data and
information to address the proposed
standards, and submit comments to
DOE. The TSD can be found at:
https://www1.eere.energy.gov/buildings/
appliance_standards/
standards.aspx?productid=8.
In view of the alternative request and
oral comments presented by AHRI
during the April 21 public meeting,
DOE has determined that a 30-day
extension of the public comment period
is appropriate. The comment period
would be extended to June 22, 2016.
Issued in Washington, DC, on April 26,
2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2016–10427 Filed 5–3–16; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–6141; Directorate
Identifier 2015–NM–048–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
E:\FR\FM\04MYP1.SGM
04MYP1
26748
Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Proposed Rules
Notice of proposed rulemaking
(NPRM).
ACTION:
We propose to adopt a new
airworthiness directive (AD) for certain
The Boeing Model 767 airplanes. This
proposed AD was prompted by fuel
system reviews conducted by the
manufacturer. This proposed AD would
require modifying the fuel quantity
indicating system (FQIS) to prevent
development of an ignition source
inside the center fuel tank due to
electrical fault conditions. This
proposed AD would also provide
optional actions for cargo airplanes. We
are proposing this AD to prevent
ignition sources inside the center fuel
tank, which, in combination with
flammable fuel vapors, could result in a
fuel tank explosion and consequent loss
of the airplane.
DATES: We must receive comments on
this proposed AD by June 20, 2016.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, WA 98124–2207; telephone
206–544–5000, extension 1; fax 206–
766–5680; Internet https://
www.myboeingfleet.com. You may view
this referenced service information at
the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the
availability of this material at the FAA,
call 425–227–1221. It is also available
on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
6141.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
6141; 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
VerDate Sep<11>2014
18:03 May 03, 2016
Jkt 238001
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(phone: 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Jon
Regimbal, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA,
Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton,
WA 98057–3356; phone: 425–917–6506;
fax: 425–917–6590; email:
Jon.Regimbal@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2016–6141; Directorate Identifier 2015–
NM–048–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
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’’ (66 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. Subsequently,
SFAR 88 was amended by: Amendment
21–82 (67 FR 57490, September 10,
2002; corrected at 67 FR 70809,
November 26, 2002) and Amendment
21–83 (67 FR 72830, December 9, 2002;
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
corrected at 68 FR 37735, June 25, 2003,
to change ‘‘21–82’’ to ‘‘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
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, combination of failures,
and unacceptable (failure) experience.
For all three failure 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 proposed 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.
767 FQIS Design
The design of the in-tank FQIS
components and wiring has the
potential for latent faults that could
cause arcs, sparks, or resistive heating in
the event of a hot short of an FQIS tank
circuit to power wiring. The wiring of
the FQIS is in some areas cobundled or
closely adjacent to power wiring. An
ignition source combined with
flammable conditions in a center fuel
tank could result in ignition of
flammable vapor in the fuel tank,
causing a structural failure of the wing
and inflight breakup of the airplane.
Under the policy contained in FAA
Policy Memo PS–ANM100–2003–112–
15 SFAR 88—Mandatory Action
Decision Criteria, dated February 25,
2003 (https://rgl.faa.gov/Regulatory_
and_Guidance_Library/rgPolicy.nsf/0/
dc94c3a46396950386256d5e006aed11/
E:\FR\FM\04MYP1.SGM
04MYP1
26749
Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Proposed Rules
$FILE/Feb2503.pdf), the FAA
determined that this ignition source risk
combined with the fleet average
flammability for the center wing tank on
most Model 767 airplanes created an
unsafe condition for the center fuel
tank. Applying that same policy, the
FAA determined that, due to a lower
fleet average flammability, that same
unsafe condition does not exist in the
main (wing) tanks of Model 767
airplanes. The FAA has also determined
that the unsafe condition does not exist
in the center wing tanks of certain
Model 767–200 airplanes that do not
carry fuel within the center wing
structural box. For those Model 767–200
airplanes, the center tank consists of rib
bays in the wing root area between the
side of the fuselage and the engine
nacelles. Those areas are subject to
cooling from air flow over the wing in
flight, and Boeing has shown that the
center fuel tank on those airplanes
meets the FAA’s definition of a lowflammability fuel tank contained in the
policy memo mentioned previously.
develop in other products of the same
type design.
Related Rulemaking
On March 21, 2016, we issued AD
2016–07–07, Amendment 39–18452 (81
FR 19472, April 5, 2016), for certain
Boeing Model 757–200, –200PF,
–200CB, and –300 series airplanes. AD
2016–07–07 requires similar actions to
those proposed in this NPRM. AD 2016–
07–07 addressed the numerous public
comments that were submitted on the
proposal.
Proposed AD Requirements
This proposed AD would require
modifying the FQIS to prevent
development of an ignition source
inside the center fuel tank due to
electrical fault conditions. As an
alternative for cargo airplanes, this
proposed AD would provide the option
to modify the airplane by separating
FQIS wiring routed between the FQIS
processor and the center fuel tank,
provided repetitive BITE checks (checks
of built-in test equipment) of the FQIS
are also performed. Refer to the service
information identified previously for
details on the procedures and
compliance times.
Related Service Information Under 1
CFR Part 51
We reviewed Boeing Service Bulletin
767–28–0118, dated July 15, 2014. The
service information describes
procedures for a BITE check (check of
built-in test equipment) of the FQIS.
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
Costs of Compliance
We estimate that this proposed AD
affects 133 airplanes of U.S. registry.
This estimate includes 127 cargo
airplanes; 4 private, business/corporate/
executive, or government airplanes; and
2 experimental airplanes. We estimate
the following costs to comply with this
proposed AD:
FAA’s Determination
We are proposing this AD because we
evaluated all the relevant information
and determined the unsafe condition
described previously is likely to exist or
ESTIMATED COSTS—REQUIRED ACTIONS
Action
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
Modification ...
1,200 work-hours × $85 per hour = $102,000 .................................................
$200,000
$302,000
$40,166,000
ESTIMATED COSTS—ALTERNATIVE ACTIONS
Action
Labor cost
BITE check .........................................
Wire separation ..................................
18 work-hours × $85 per hour = $1,530 per check ...............
230 work-hours × $85 per hour = $19,550 ............................
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
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
VerDate Sep<11>2014
18:03 May 03, 2016
Jkt 238001
Parts cost
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),
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
$0
$10,000
Cost per product
$1,530 per check.
$29,550.
(3) Will not affect intrastate aviation
in Alaska, and
(4) 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.
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:
E:\FR\FM\04MYP1.SGM
04MYP1
26750
Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Proposed Rules
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 airworthiness
directive (AD):
■
The Boeing Company: Docket No. FAA–
2016–6141; Directorate Identifier 2015–
NM–048–AD.
(a) Comments Due Date
We must receive comments by June 20,
2016.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 767–200, –300, –300F, and –400ER
series airplanes, certificated in any category,
excluding airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD.
(1) Airplanes on which the center auxiliary
tank consists only of the spaces between the
side of body rib 0 and rib 3 of the left and
right wings (i.e., the wing center structural
box is a dry bay and is not part of the fuel
tank).
(2) Airplanes equipped with a flammability
reduction means (FRM) approved by the FAA
as compliant with the Fuel Tank
Flammability Reduction (FTFR) rule (73 FR
42444, July 21, 2008) requirements of section
25.981(b) or section 26.33(c)(1) of the Federal
Aviation Regulations (14 CFR 25.981(b) or 14
CFR 26.33(c)(1)).
(d) Subject
Air Transport Association (ATA) of
America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by fuel system
reviews conducted by the manufacturer. We
are issuing this AD to prevent ignition
sources inside the center fuel tank, which, in
combination with flammable fuel vapors,
could result in a fuel tank explosion and
consequent loss of the airplane.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Modification
Within 60 months after the effective date
of this AD, modify the fuel quantity
indicating system (FQIS) to prevent
development of an ignition source inside the
center fuel tank due to electrical fault
conditions, using a method approved in
accordance with the procedures specified in
paragraph (i) of this AD.
(h) Alternative Actions for Cargo Airplanes
For airplanes used exclusively for cargo
operations: As an alternative to the
requirements of paragraph (g) of this AD, do
VerDate Sep<11>2014
18:03 May 03, 2016
Jkt 238001
the actions specified in paragraphs (h)(1) and
(h)(2) of this AD. To exercise this option,
operators must perform the first inspection
required under paragraph (h)(1) of this AD
within 6 months after the effective date of
this AD. To exercise this option for airplanes
returned to service after conversion of the
airplane from a passenger configuration to an
all-cargo configuration more than 6 months
after the effective date of this AD, operators
must perform the first inspection required
under paragraph (h)(1) of this AD prior to
further flight after the conversion.
(1) Within 6 months after the effective date
of this AD, record the existing fault codes
stored in the FQIS processor and then do a
BITE check (check of built-in test equipment)
of the FQIS, in accordance with the
Accomplishment Instructions of Boeing
Service Bulletin 767–28–0118, dated July 15,
2014. If any nondispatchable fault code is
recorded prior to the BITE check or as a
result of the BITE check, before further flight,
do all applicable repairs and repeat the BITE
check until a successful test is performed
with no nondispatchable faults found, in
accordance with Boeing Service Bulletin
767–28–0118, dated July 15, 2014. Repeat
these actions thereafter at intervals not to
exceed 650 flight hours. Modification as
specified in paragraph (h)(2) of this AD does
not terminate the repetitive BITE check
requirement of this paragraph.
(2) Within 60 months after the effective
date of this AD, modify the airplane by
separating FQIS wiring that runs between the
FQIS processor and the center tank wing spar
penetrations, including any circuits that
might pass through a main fuel tank, from
other airplane wiring that is not intrinsically
safe, using methods approved in accordance
with the procedures specified in paragraph
(i) of this AD.
(4) For service information that contains
steps that are labeled as Required for
Compliance (RC), the provisions of
paragraphs (i)(4)(i) and (i)(4)(ii) apply.
(i) The steps labeled as RC, including
substeps under an RC step and any figures
identified in an RC step, must be done to
comply with the AD. An AMOC is required
for any deviations to RC steps, including
substeps and identified figures.
(ii) Steps not labeled as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the RC steps,
including substeps and identified figures, can
still be done as specified, and the airplane
can be put back in an airworthy condition.
(i) Alternative Methods of Compliance
(AMOCs)
(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. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in
paragraph (j) of this AD. Information may be
emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by the Boeing
Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle
ACO, to make those findings. To be
approved, the repair method, modification
deviation, or alteration deviation must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
[Docket No. FAA–2016–6140; Directorate
Identifier 2015–NM–059–AD]
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
(j) Related Information
For more information about this AD,
contact Jon Regimbal, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind
Avenue SW., Renton, WA 98057–3356;
phone: 425–917–6506; fax: 425–917–6590;
email: Jon.Regimbal@faa.gov.
Issued in Renton, Washington, on April 15,
2016.
Victor Wicklund,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–09795 Filed 5–3–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
The Boeing Company Model 777
airplanes. This proposed AD was
prompted by fuel system reviews
conducted by the manufacturer. This
proposed AD would require modifying
the fuel quantity indicating system
(FQIS) to prevent development of an
ignition source inside the center fuel
tank due to electrical fault conditions.
This proposed AD would also provide
alternative actions for cargo airplanes.
We are proposing this AD to prevent
ignition sources inside the center fuel
tank, which, in combination with
flammable fuel vapors, could result in a
SUMMARY:
E:\FR\FM\04MYP1.SGM
04MYP1
Agencies
[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Proposed Rules]
[Pages 26747-26750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09795]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-6141; Directorate Identifier 2015-NM-048-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
[[Page 26748]]
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Model 767 airplanes. This proposed AD was prompted
by fuel system reviews conducted by the manufacturer. This proposed AD
would require modifying the fuel quantity indicating system (FQIS) to
prevent development of an ignition source inside the center fuel tank
due to electrical fault conditions. This proposed AD would also provide
optional actions for cargo airplanes. We are proposing this AD to
prevent ignition sources inside the center fuel tank, which, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.
DATES: We must receive comments on this proposed AD by June 20, 2016.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000,
extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call 425-227-1221. It
is also available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2016-6141.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6141; 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 (phone: 800-647-5527) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Jon Regimbal, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6506; fax: 425-917-6590; email: Jon.Regimbal@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2016-6141;
Directorate Identifier 2015-NM-048-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
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''
(66 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. Subsequently, SFAR 88 was amended by: Amendment 21-82
(67 FR 57490, September 10, 2002; corrected at 67 FR 70809, November
26, 2002) and Amendment 21-83 (67 FR 72830, December 9, 2002; corrected
at 68 FR 37735, June 25, 2003, to change ``21-82'' to ``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 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, combination of
failures, and unacceptable (failure) experience. For all three failure
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 proposed 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.
767 FQIS Design
The design of the in-tank FQIS components and wiring has the
potential for latent faults that could cause arcs, sparks, or resistive
heating in the event of a hot short of an FQIS tank circuit to power
wiring. The wiring of the FQIS is in some areas cobundled or closely
adjacent to power wiring. An ignition source combined with flammable
conditions in a center fuel tank could result in ignition of flammable
vapor in the fuel tank, causing a structural failure of the wing and
inflight breakup of the airplane.
Under the policy contained in FAA Policy Memo PS-ANM100-2003-112-15
SFAR 88--Mandatory Action Decision Criteria, dated February 25, 2003
(https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgPolicy.nsf/0/
dc94c3a46396950386256d5e006aed11/
[[Page 26749]]
$FILE/Feb2503.pdf), the FAA determined that this ignition source risk
combined with the fleet average flammability for the center wing tank
on most Model 767 airplanes created an unsafe condition for the center
fuel tank. Applying that same policy, the FAA determined that, due to a
lower fleet average flammability, that same unsafe condition does not
exist in the main (wing) tanks of Model 767 airplanes. The FAA has also
determined that the unsafe condition does not exist in the center wing
tanks of certain Model 767-200 airplanes that do not carry fuel within
the center wing structural box. For those Model 767-200 airplanes, the
center tank consists of rib bays in the wing root area between the side
of the fuselage and the engine nacelles. Those areas are subject to
cooling from air flow over the wing in flight, and Boeing has shown
that the center fuel tank on those airplanes meets the FAA's definition
of a low-flammability fuel tank contained in the policy memo mentioned
previously.
Related Rulemaking
On March 21, 2016, we issued AD 2016-07-07, Amendment 39-18452 (81
FR 19472, April 5, 2016), for certain Boeing Model 757-200, -200PF, -
200CB, and -300 series airplanes. AD 2016-07-07 requires similar
actions to those proposed in this NPRM. AD 2016-07-07 addressed the
numerous public comments that were submitted on the proposal.
Related Service Information Under 1 CFR Part 51
We reviewed Boeing Service Bulletin 767-28-0118, dated July 15,
2014. The service information describes procedures for a BITE check
(check of built-in test equipment) of the FQIS. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.
FAA's Determination
We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
Proposed AD Requirements
This proposed AD would require modifying the FQIS to prevent
development of an ignition source inside the center fuel tank due to
electrical fault conditions. As an alternative for cargo airplanes,
this proposed AD would provide the option to modify the airplane by
separating FQIS wiring routed between the FQIS processor and the center
fuel tank, provided repetitive BITE checks (checks of built-in test
equipment) of the FQIS are also performed. Refer to the service
information identified previously for details on the procedures and
compliance times.
Costs of Compliance
We estimate that this proposed AD affects 133 airplanes of U.S.
registry. This estimate includes 127 cargo airplanes; 4 private,
business/corporate/executive, or government airplanes; and 2
experimental airplanes. We estimate the following costs to comply with
this proposed AD:
Estimated Costs--Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Modification................ 1,200 work-hours x $85 per hour $200,000 $302,000 $40,166,000
= $102,000.
----------------------------------------------------------------------------------------------------------------
Estimated Costs--Alternative Actions
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
BITE check........................... 18 work-hours x $85 per hour = $0 $1,530 per check.
$1,530 per check.
Wire separation...................... 230 work-hours x $85 per hour = $10,000 $29,550.
$19,550.
----------------------------------------------------------------------------------------------------------------
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),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
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:
[[Page 26750]]
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
The Boeing Company: Docket No. FAA-2016-6141; Directorate Identifier
2015-NM-048-AD.
(a) Comments Due Date
We must receive comments by June 20, 2016.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category,
excluding airplanes identified in paragraphs (c)(1) and (c)(2) of
this AD.
(1) Airplanes on which the center auxiliary tank consists only
of the spaces between the side of body rib 0 and rib 3 of the left
and right wings (i.e., the wing center structural box is a dry bay
and is not part of the fuel tank).
(2) Airplanes equipped with a flammability reduction means (FRM)
approved by the FAA as compliant with the Fuel Tank Flammability
Reduction (FTFR) rule (73 FR 42444, July 21, 2008) requirements of
section 25.981(b) or section 26.33(c)(1) of the Federal Aviation
Regulations (14 CFR 25.981(b) or 14 CFR 26.33(c)(1)).
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent ignition sources
inside the center fuel tank, which, in combination with flammable
fuel vapors, could result in a fuel tank explosion and consequent
loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Modification
Within 60 months after the effective date of this AD, modify the
fuel quantity indicating system (FQIS) to prevent development of an
ignition source inside the center fuel tank due to electrical fault
conditions, using a method approved in accordance with the
procedures specified in paragraph (i) of this AD.
(h) Alternative Actions for Cargo Airplanes
For airplanes used exclusively for cargo operations: As an
alternative to the requirements of paragraph (g) of this AD, do the
actions specified in paragraphs (h)(1) and (h)(2) of this AD. To
exercise this option, operators must perform the first inspection
required under paragraph (h)(1) of this AD within 6 months after the
effective date of this AD. To exercise this option for airplanes
returned to service after conversion of the airplane from a
passenger configuration to an all-cargo configuration more than 6
months after the effective date of this AD, operators must perform
the first inspection required under paragraph (h)(1) of this AD
prior to further flight after the conversion.
(1) Within 6 months after the effective date of this AD, record
the existing fault codes stored in the FQIS processor and then do a
BITE check (check of built-in test equipment) of the FQIS, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 767-28-0118, dated July 15, 2014. If any nondispatchable
fault code is recorded prior to the BITE check or as a result of the
BITE check, before further flight, do all applicable repairs and
repeat the BITE check until a successful test is performed with no
nondispatchable faults found, in accordance with Boeing Service
Bulletin 767-28-0118, dated July 15, 2014. Repeat these actions
thereafter at intervals not to exceed 650 flight hours. Modification
as specified in paragraph (h)(2) of this AD does not terminate the
repetitive BITE check requirement of this paragraph.
(2) Within 60 months after the effective date of this AD, modify
the airplane by separating FQIS wiring that runs between the FQIS
processor and the center tank wing spar penetrations, including any
circuits that might pass through a main fuel tank, from other
airplane wiring that is not intrinsically safe, using methods
approved in accordance with the procedures specified in paragraph
(i) of this AD.
(i) Alternative Methods of Compliance (AMOCs)
(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. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (j) of this AD.
Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
(4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(i)(4)(i) and (i)(4)(ii) apply.
(i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
(ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.
(j) Related Information
For more information about this AD, contact Jon Regimbal,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone: 425-917-6506; fax: 425-917-6590; email:
Jon.Regimbal@faa.gov.
Issued in Renton, Washington, on April 15, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-09795 Filed 5-3-16; 8:45 am]
BILLING CODE 4910-13-P