Airworthiness Directives; The Boeing Company Airplanes, 62981-62990 [2020-21996]
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Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations
(d) Compliance
You are responsible for performing each
action required by this AD within the
specified compliance time unless it has
already been accomplished prior to that time.
(e) Required Actions
(1) Within 25 hours time-in-service after
the effective date of this AD:
(i) For helicopters with adhesive seal part
number (P/N) 117–800201.01 installed on an
exterior or interior door, remove adhesive
seal P/N 117–800201.01 from the interior and
exterior of each door, remove any adhesive
using solvent (CM 202 or equivalent) and
remove any grease using methyl ethyl ketone
(2) After the effective date of this AD, do
not install adhesive seal P/N 117–800201.01
on any helicopter door.
(f) Alternative Methods of Compliance
(AMOCs)
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(1) The Manager, Rotorcraft Standards
Branch, FAA, may approve AMOCs for this
AD. Send your proposal to: Matt Fuller, AD
Program Manager, Operational Safety Branch,
Airworthiness Products Section, General
Aviation and Rotorcraft Unit, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone 817–222–5110; email 9-ASW-FTWAMOC-Requests@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, the FAA suggests
that you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office before
operating any aircraft complying with this
AD through an AMOC.
(g) Additional Information
The subject of this AD is addressed in
European Aviation Safety Agency (now
European Union Aviation Safety Agency)
(EASA) AD 2015–0163R1, dated April 27,
2016. You may view the EASA AD on the
internet at https://www.regulations.gov in
Docket No. FAA–2015–3941.
(h) Subject
Joint Aircraft Service Component (JASC)
Code: 5220, Emergency Exits.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
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(CM 217 or equivalent), and install adhesive
seal P/N 117–800201.02. Refer to Figures 1
through 4 of Airbus Helicopters Alert Service
Bulletin MBB–BK117–20A–114, Revision 2,
dated March 30, 2016 (ASB MBB–BK117–
20A–114) for a depiction of the seal
installation areas.
(ii) For helicopters without adhesive seal
P/N 117–800201.01 installed, clean the seal
installation areas using solvent (CM 202 or
equivalent), remove any grease using methyl
ethyl ketone (CM 217 or equivalent), and
install adhesive seal P/N 117–800201.02.
Refer to Figures 1 through 4 of ASB MBB–
BK117–20A–114 for a depiction of the seal
installation areas.
(iii) Revise the Normal Procedures section,
Preflight Exterior Check, under both
‘‘Fuselage—right side’’ and ‘‘Fuselage—left
side’’ of the existing Rotorcraft Flight Manual
for your helicopter by adding the information
in Figure 1 to paragraph (e)(1)(iii) of this AD
or by adding the information for ‘‘Jettisonable
sliding door installed, after ASB–BK117–
20A–114’’ of the following as applicable for
your helicopter: MBB Helicopters Flight
Manual MBB–BK117 A–3, Revision 17.1,
MBB Helicopters Flight Manual MBB–BK117
A–4, Revision 16.1, MBB Helicopters Flight
Manual MBB–BK117 B–1, Revision 20.1,
Eurocopter Flight Manual BK117 B–2,
Revision 21.2, or Eurocopter Flight Manual
BK117 C–1, Revision 30.1, each dated March
25, 2015. Using a different document with
information identical to the information for
the ‘‘Jettisonable sliding door installed, after
ASB–BK117–20A–114’’ procedures in the
Flight Manual revision specified in this
paragraph for your helicopter is acceptable
for compliance with the requirements of this
paragraph. This action may be performed by
the owner/operator (pilot) holding at least a
private pilot certificate and must be entered
into the aircraft records showing compliance
with this AD in accordance with § 43.9(a)(1)
through (4) and § 91.417(a)(2)(v). The record
must be maintained as required by § 91.417,
§ 121.380, or § 135.439.
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Airbus Helicopters Alert Service
Bulletin MBB–BK117–20A–114, Revision 2,
dated March 30, 2016.
(ii) Section 4—Normal Procedures, of MBB
Helicopters Flight Manual MBB–BK117 A–3,
Revision 17.1, dated March 25, 2015.
(iii) Section 4—Normal Procedures, of
MBB Helicopters Flight Manual MBB–BK117
A–4, Revision 16.1, dated March 25, 2015.
(iv) Section 4—Normal Procedures, of MBB
Helicopters Flight Manual MBB–BK117 B–1,
Revision 20.1, dated March 25, 2015.
(v) Section 4—Normal Procedures, of
Eurocopter Flight Manual BK117 B–2,
Revision 21.2, dated March 25, 2015.
(vi) Section 4—Normal Procedures, of
Eurocopter Flight Manual BK117 C–1,
Revision 30.1, dated March 25, 2015.
(3) For service information identified in
this AD, contact Airbus Helicopters, 2701 N
Forum Drive, Grand Prairie, TX 75052;
telephone 972–641–0000 or 800–232–0323;
fax 972–641–3775; or at https://
www.airbus.com/helicopters/services/
technical-support.html.
(4) You may view this service information
at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call 817–222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
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Issued on August 26, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–21998 Filed 10–5–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–6145; Product
Identifier 2015–NM–056–AD; Amendment
39–21223; AD 2020–18–02]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
The Boeing Company Model 747–400,
747–400D, and 747–400F series
airplanes. This AD was prompted by the
FAA’s analysis of the Model 747 fuel
system reviews conducted by the
manufacturer. This AD requires
SUMMARY:
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ER06OC20.000
(c) Unsafe Condition
This AD defines the unsafe condition as
the presence of sealant on a sliding door
(door). This condition could result in the
door failing to jettison, preventing helicopter
occupants from exiting the helicopter during
an emergency.
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Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations
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 AD also provides
alternative actions for cargo airplanes.
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective November
10, 2020.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of November 10, 2020.
ADDRESSES: For service information
identified in this final rule, contact
Boeing Commercial Airplanes,
Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC
110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; internet
https://www.myboeingfleet.com. You
may view this service information at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2016–6145.
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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–
6145; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
any comments received, and other
information. The address for Docket
Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Jon
Regimbal, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3557; email: Jon.Regimbal@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain The Boeing Company
Model 747–400, 747–400D, and 747–
400F series airplanes. The NPRM
published in the Federal Register on
May 3, 2016 (81 FR 26490). The NPRM
was prompted by the FAA’s analysis of
the Model 747 fuel system reviews
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conducted by the manufacturer. The
NPRM proposed to require modifying
the FQIS to prevent development of an
ignition source inside the center fuel
tank due to electrical fault conditions.
The proposed AD also proposed to
provide alternative actions for cargo
airplanes.
The FAA is issuing this AD to address
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.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The following presents
the comments received on the NPRM
and the FAA’s response to each
comment.
Support for the NPRM
The Air Line Pilots Association,
International (ALPA) and National Air
Traffic Controllers Association
(NATCA) supported the intent of the
NPRM. Additional comments from
NATCA are addressed below.
Request To Withdraw NPRM:
Unjustified by Risk
Airlines for America and the Cargo
Airline Association, in consolidated
comments (A4A/CAA), United Parcel
Service (UPS) and KLM Royal Dutch
Airlines (KLM) requested that the FAA
withdraw the NPRM. A4A/CAA and
UPS cited comments submitted by
Boeing to Docket No. FAA–2012–0187
in which Boeing stated that the risk is
‘‘less than extremely improbable.’’ A4A/
CAA added that Boeing does not believe
that an unsafe condition exists. UPS
stated the Boeing’s comments
demonstrate an unsafe condition does
not exist. A4A/CAA and UPS noted that
they consider the Boeing comments to
be applicable to the airplane models in
the NPRM. KLM added that it
understands that Boeing is not able to
explain or substantiate the rationale
behind the NPRM.
KLM and Martinair stated that the
NPRM does not clarify the necessity of
additional actions beyond the currently
mandated Special Federal Aviation
Regulation (SFAR) No. 88 (in 14 CFR
part 21), related service bulletins,
airworthiness limitations, and critical
design configuration control limitations.
UPS stated that an agency is required to
consider all relevant factors and
articulate a satisfactory explanation for
its action. UPS noted that the FAA is
apparently basing its decision to issue
the AD on historical SFAR 88 design
reviews that have been superseded by
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the more recent Boeing analysis and
favorable operational experience in the
years since the SFAR 88 reviews were
completed.
The FAA disagrees with the
commenters’ request. The FAA notes
that Boeing’s comments were addressed
in the supplemental NPRM (SNPRM) for
Docket No. FAA–2012–0187 (80 FR
9400, February 23, 2015) in the
comment response for ‘‘Request To
Withdraw NPRM (77 FR 12506, March
1, 2012): Unjustified by Risk.’’ As
explained in that comment response, in
addition to examining average risk and
total fleet risk, the FAA examines the
individual flight risk on the worst
reasonably anticipated flights. In
general, the FAA issues ADs in cases
where reasonably anticipated flights
with preexisting failures (either due to
latent failure conditions or allowable
dispatch configurations) are vulnerable
to a catastrophic event due to an
additional foreseeable single failure
condition. This is because the FAA
considers operation of flights vulnerable
to a potentially catastrophic single
failure condition to be an excessive
safety risk to the passengers on those
flights. The FAA has determined that
the currently mandated SFAR 88 service
bulletins, airworthiness limitations, and
critical design configuration control
limitations do not adequately address
the unsafe condition identified in this
AD and therefore it is necessary to issue
this final rule. The FAA has not
changed this AD regarding this issue.
Request To Withdraw NPRM: No
Unsafe Condition
Boeing requested that the FAA
withdraw the NPRM. Boeing suggested
that, by requiring center fuel tank FQIS
wire separation for passenger airplanes
that have not incorporated a nitrogen
generating system (NGS), the NPRM
specifically addresses airplanes
regulated by the European Union
Aviation Safety Agency (EASA) and
other civil aviation authorities and the
lack of a flammability reduction means
(FRM) rule. Boeing stated that because
it considered the use of FRM (NGS) to
address unknown ignition sources as
the final corrective action, Boeing has
not developed center tank FQIS wire
separation service instructions for
passenger aircraft. Boeing stated that it
believes no unsafe condition exists and
does not feel that the lack of FRM rule
harmonization should cause additional
work and expense for airlines.
The FAA disagrees with the
commenter’s request. The FAA
determined that an unsafe condition
exists using the criteria in FAA Policy
Memorandum ANM100–2003–112–15,
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‘‘SFAR 88—Mandatory Action Decision
Criteria,’’ dated February 25, 2003.1
That policy was used to evaluate the
noncompliant design areas identified in
the manufacturer’s fuel system reviews
and to determine which noncompliance
issues were unsafe conditions that
required corrective action under 14 CFR
part 39. The FAA’s unsafe condition
determination was not based on an
assessment of average risk or total fleet
risk, but rather was driven by the
qualitative identification of an
unacceptable level of individual risk
that exists on flights that are anticipated
to occur with a preexisting latent intank failure condition and with a
flammable center fuel tank. For these
reasons, and based on further detailed
responses to similar comments in the
SNPRM for Docket No. FAA–2012–
0187, and in the subsequently issued
final rule, AD 2016–07–07, Amendment
39–18452 (81 FR 19472, April 5, 2016)
(‘‘AD 2016–07–07’’), which addressed
the same unsafe condition for Boeing
Model 757 airplanes, the FAA has
determined that it is necessary to issue
this final rule.
Request To Withdraw NPRM:
Probability Analysis Inconsistent With
Regulatory Requirements
A4A/CAA and UPS requested that the
FAA withdraw the NPRM. The
commenters stated that the assumption
of a single failure regardless of
probability is inconsistent with 14 CFR
part 25 regulatory requirements. The
commenters referred to the phrase
‘‘regardless of probability’’ associated
with single failures. A4A/CAA and UPS
acknowledged that the term is used with
single failures in FAA Advisory Circular
(AC) 25.981–1C,2 ‘‘Fuel Tank Ignition
Source Prevention Guidelines,’’ but
since that term does not appear in 14
CFR 25.981(a)(3), the commenters
considered its use arbitrary, possibly
introducing additional requirements not
included in that section. A4A/CAA and
UPS stated that the ‘‘worst reasonably
anticipated flight’’ is a flight with a
latent FQIS failure and a highflammability tank, and this ‘‘latent plus
one’’ failure—regardless of probability
of a single failure—is not consistent
with 14 CFR 25.981(a)(3).
The FAA disagrees with the
commenters’ request. The FAA notes
that the commenters’ assertion about the
intent of 14 CFR 25.981(a)(3) is incorrect
based on both the language of the rule
and on the published rulemaking
1 https://rgl.faa.gov/Regulatory_and_Guidance_
Library/rgPolicy.nsf/0/dc94c3a46396950
386256d5e006aed11/$FILE/Feb2503.pdf.
2 https://www.faa.gov/documentLibrary/media/
Advisory_Circular/AC_25.981-1C.pdf.
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documents. The absence of a
probabilistic qualifier in both the ‘‘from
each single failure’’ clause and in the
‘‘from each single failure in combination
with each latent failure not shown to be
extremely remote’’ clause in 14 CFR
25.981(a)(3) in fact means just that—
there is no probabilistic qualifier
intended by the regulation. The intent
for single failures in these two scenarios
to be considered regardless of
probability of the single failure was
explicitly stated in the NPRM for 14
CFR 25.981, as amended by amendment
25–102 (66 FR 23085, May 7, 2001)
(‘‘amendment 25–102’’). That NPRM
stated, in pertinent part, that it would
also add a new paragraph (a)(3) to
require that a safety analysis be
performed to demonstrate that the
presence of an ignition source in the
fuel tank system could not result from
‘‘any single failure, from any single
failure in combination with any latent
failure condition not shown to be
extremely remote, or from any
combination of failures not shown to be
extremely improbable.’’ These new
requirements would define three
scenarios that must be addressed in
order to show compliance with the
proposed paragraph (a)(3). ‘‘The first
scenario is that any single failure,
regardless of the probability of
occurrence of the failure, must not cause
an ignition source. The second scenario
is that any single failure, regardless of
the probability occurrence, in
combination with any latent failure
condition not shown to be at least
extremely remote (i.e., not shown to be
extremely remote or extremely
improbable), must not cause an ignition
source. The third scenario is that any
combination of failures not shown to be
extremely improbable must not cause an
ignition source.’’
The preamble to the final rule for
amendment 25–102 made a nearly
identical statement, including the same
uses of the phrase ‘‘regardless of
probability.’’ The FAA has determined
that it is necessary to proceed with
issuance of this final rule as proposed.
Further details and a description of the
FAA’s risk assessment can be found in
responses to similar comments in a
related SNPRM that addressed the same
unsafe condition for Model 757
airplanes, in Docket No. FAA–2012–
0187, and in the subsequently issued
final rule, AD 2016–07–07, amendment
39–18452 (81 FR 19472, April 5, 2016)
(‘‘AD 2016–07–07’’). No change to this
AD was made in response to these
comments.
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Request To Withdraw NPRM: No New
Data Since Fuel Tank Flammability
Reduction (FTFR) Rulemaking
A4A/CAA and UPS requested that the
FAA withdraw the NPRM based on a
lack of new data since the issuance of
the FTFR rule (73 FR 42444, July 21,
2008). The commenters referred to the
FTFR rule and decision to not require
FRM for all-cargo airplanes, and the
FAA’s intent to gather additional data
and consideration of further rulemaking
if flammability of these airplanes is
excessive. UPS stated that since the
FTFR rule, no additional data has been
publicly introduced that would support
or justify the applicability of this
rulemaking to all-cargo aircraft. The
commenters also referred to the FAA’s
response to comments in the preamble
to the SNPRM for Docket No. FAA–
2012–0187, which documented the
FAA’s decision on applicability of FRM
and cost estimates. The commenters
stated that the FAA response was
misleading and not factual since
manufacturers did not begin detailed
designs to address the proposed unsafe
condition until after the FTFR rule was
published. The commenters added that
the FAA did not discuss other changes
to the FQIS system in the FTFR rule.
The FAA disagrees with the
commenters’ request. The FAA notes
that the FTFR rule and FQIS ADs are
two different issues with separate FAA
actions. The intent of the FTFR rule was
to provide an order of magnitude
reduction in the rate of fuel tank
explosions for the airplanes affected by
that rule through adding a new
airworthiness standard for the
flammability of fuel tanks. The FAA
notes that the FTFR rule was never
intended to be a replacement for the
issuance of ADs to address identified
unsafe conditions. An unsafe condition
due to the identified FQIS latent-plussingle failure issue in high-flammability
fuel tanks was determined to exist
during the SFAR 88 AD Board held by
the FAA in 2003 using the guidance in
FAA Policy Memorandum ANM100–
2003–112–15 for high-flammability fuel
tanks, including the center fuel tank on
Model 747–400 airplanes. That same
issue was not considered to be an unsafe
condition in low-flammability wing fuel
tanks based on that same policy
memorandum. The FAA has not
changed this AD regarding this issue.
Request To Withdraw NPRM: Arbitrary
and Inconsistent Wire Separation
Standards
A4A/CAA and UPS requested that the
FAA withdraw the NPRM based on a
lack of consistent design standards for
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FQIS wire separation. The commenters
assumed that the approved standard for
the retrofit is a 2-inch wire separation
minimum, which the commenters
considered arbitrary and inconsistently
applied. The commenters reported that
the amount of wiring capable of meeting
that separation standard varies widely
among airplane models. A4A/CAA and
UPS also acknowledged that other
separation methods were used in areas
not meeting the 2-inch wire separation
requirement.
The FAA does not agree with the
commenters’ request. The degree of
physical isolation of FQIS wiring from
other wiring, whether provided by
physical distance or barrier methods,
that is necessary to eliminate the
potential for hot shorts due to wiring
faults is dependent on the materials
used, the wire securing methods, and
the possible types of wiring faults. The
FAA relied on the manufacturer to
assess the details of the design and to
propose the appropriate isolation
measures. While 2 inches of physical
separation may appear to be an arbitrary
number, it was the distance proposed by
the manufacturer as appropriate for
their design based on analysis of the
design details. The FAA has not
changed this AD regarding this issue.
Request To Withdraw NPRM: NPRM
Arbitrary and Inconsistently Applied
A4A/CAA and UPS requested that the
FAA withdraw the NPRM. The
commenters noted that airplanes with
FRM are not included in the
applicability, and the NPRM would
therefore not fully address the unsafe
condition. The commenters added that
the distinction between high- and lowflammability exposure time fuel tanks as
used in the NPRM is arbitrary. The
commenters stated that an arbitrary
differentiation of high- versus lowflammability as decisional criteria for
the need for corrective action does not
take into account the actual probability
of the impact of the difference in
flammability on the potential of
catastrophic failure. The commenters
also stated that allowing the proposed
alternative actions for cargo airplanes
does not fully address the unsafe
condition in the NPRM. The
commenters referenced the FAA’s
response to comments in AD 2016–07–
07 regarding this issue. The commenters
summarized numerical analysis
showing no significant difference in risk
between high- and low-flammability
fuel tanks. The commenters concluded
that the FAA’s risk analysis is arbitrary
and an unsafe condition does not exist.
The FAA disagrees with the assertion
that the NPRM is arbitrary and
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inconsistent. The NPRM follows defined
policy in FAA Policy Memorandum
ANM100–2003–112–15, and
consistently applies the policy to
several airplane models with similar
unsafe conditions, similar to AD 2016–
07–07. The FAA defined the difference
between low- and high-flammability
exposure time fuel tanks based on
recommendations from the Aviation
Rulemaking Advisory Committee Fuel
Tank Harmonization Working Group
(FTHWG). The preamble to the final
rule for amendment 25–102, which
amended 14 CFR 25.981, defined this
difference as based upon comparison of
‘‘the safety record of center wing fuel
tanks that, in certain airplanes, are
heated by equipment located under the
tank, and unheated fuel tanks located in
the wing.’’ The FTHWG concluded that
the safety record of fuel tanks located in
the wings was adequate and that if the
same level could be achieved in center
wing fuel tanks, the overall safety
objective would be achieved.
In the response to comments in the
preamble to the final rule for AD 2016–
07–07 referenced by the commenters,
the FAA described why FRM or
alternative actions for cargo airplanes
provide an acceptable level of safety,
even if they do not completely eliminate
the non-compliance with 14 CFR
25.981(a)(3).
The fuel tank explosion history for
turbojet/turbofan powered transport
airplanes fueled with kerosene type
fuels, outside of maintenance activity,
has consisted of explosions of tanks that
(1) are not conventional aluminum wing
tanks and (2) spend a considerable
amount of their operating time empty.
The service history of conventional
aluminum wing tanks has been
acceptable. The intent of the difference
in decision criteria in FAA Policy
Memorandum ANM100–2003–112–15
was to give credit for this satisfactory
service experience, and to differentiate
between tanks with a level of
flammability similar to that of a
conventional wing tank and those with
a significantly higher level of
flammability.
The numerical analysis provided by
the commenters is inconsistent with the
fuel tank explosion service history.
There are at least three identifiable
physics-based reasons for that
inconsistency. First, low-flammability
tanks on most types of airplanes are
main tanks that are the last tanks used.
During a large portion of their operating
time, the systems and structural features
that have the potential to be ignition
sources in the event of a failure
condition are covered with liquid fuel,
and an ignition source, if it occurs, is
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likely to be submerged. When a
potential ignition source in a main tank
is uncovered, it is likely to be later in
the flight when the tank is cool and no
longer flammable. The commenters’
analysis does not account for this
significant effect. Second, the numerical
analysis used by the commenters
assumes that any given ignition source
has a random occurrence in time at the
estimated probability, and that, in order
for an explosion to occur, that random
occurrence of an ignition source needs
to coincide with the tank being in a
flammable state. In fact, many of the
identified ignition threats do not simply
occur briefly and then go away. Instead,
a fault occurs that, until it is discovered
and corrected, repeatedly creates an
ignition source, and repeatedly tests
whether flammable conditions exist.
Third, the flammability of lowflammability fuel tanks is typically
dependent on weather, and a lowflammability fuel tank may operate for
months without ever becoming
flammable. This is not true of most
high-flammability fuel tanks, which
typically have significant on-airplane
heat sources driving their temperature.
This factor can mean that, on some
airplanes, an in-tank latent failure can
occur and, after some period of time, be
detected and corrected without the lowflammability tank ever having
flammable conditions. The numerical
analysis provided by the commenters
does not account for these significant
factors. The difference in likelihood of
a failure that results in repeated ignition
source events causing a tank explosion
is not simply proportional to difference
in the fleet average flammability of the
tank for the reasons stated above. The
FAA has not changed this AD regarding
this issue.
Request To Withdraw NPRM:
Inadequate Fleet Exposure and Cost
Estimates
Boeing requested that the FAA
withdraw the NPRM. Boeing stated that
the fleet exposure for the affected fleet
continues to decrease due to aging
airplanes and production stopping on
Model 747–400 airplanes. Boeing added
that the estimated costs in the NPRM do
not take into account the costs of
compliance for passenger airplanes
without FRM installed.
The FAA disagrees with the
commenter’s request. The FAA did not
base its unsafe condition determination
on fleet risk but instead on individual
risk. This is discussed in detail in the
response to comments in the SNPRM for
Docket No. FAA–2012–0187, under the
heading ‘‘Request To Withdraw NPRM
(77 FR 12506, March 1, 2012):
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Unjustified by Risk.’’ Therefore, the age
of the airplane and its current
production stoppage do not affect the
determination that an unsafe condition
still exists on an individual airplane.
The NPRM for this proposed rule did
contain a cost estimate for passenger
airplanes that was based on the estimate
provided by Boeing for the Model 757
and Model 767 airplanes, which have an
FQIS of similar design. The FAA notes
that Boeing asserted that the cost to
operators of modifying an airplane’s
FQIS to be fully compliant with the
airworthiness standards would be
similar to the cost of installing Boeing’s
NGS flammability reduction system.
Based on that, Boeing requested that the
FAA agree to not require Boeing to
develop service information for a fully
compliant FQIS modification. However,
the FAA used Boeing’s estimate of the
cost to modify the Model 757 and Model
767 FQIS to a fully part-25-compliant
configuration to provide the estimated
costs in the NPRM, based on an
assumption that the cost for Model 747
airplanes would be similar. At the time,
Boeing concurred with this estimate.
This is discussed in detail in the
response to comments in the SNPRM for
Docket No. FAA–2012–0187. Therefore,
the FAA has not changed this AD
regarding this issue.
Request To Withdraw NPRM:
Insufficient Justification for AD
Based on an assertion that the FAA
did not sufficiently explain how the
unsafe condition justifies AD
rulemaking, UPS requested that the
FAA withdraw the NPRM. UPS stated
that the FTFR rule did not suggest that
any future modifications of FQIS
systems had been considered. UPS
contended that all-cargo operators were
surprised and prejudiced by costly
proposed FQIS modifications that are
unsupported by both an updated risk
assessment and full cost/benefit analysis
that consider the pertinent facts. UPS
alleged that the FAA did not fully
explain or justify its decision making for
the NPRM, and concluded that the
NPRM is arbitrary and does not reflect
properly reasoned agency action.
The FAA disagrees with the
commenter’s request. A review of the
rulemaking record shows that the
commenter’s first assertion is not
correct. The FAA notes that Section
III.K.5. of the preamble of the FTFR rule
states that ‘‘the findings from the
analysis required by SFAR 88 showed
that most transport category airplanes
with high-flammability fuel tanks
needed transient suppression units
(TSUs) to prevent electrical energy from
airplane wiring from entering the fuel
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tanks in the event of a latent failure in
combination with a single failure.’’ In
addition, the NPRM for the FTFR rule
(70 FR 70922, November 23, 2005)
states: ‘‘As part of the safety reviews of
SFAR 88, we have identified other
models that likewise would need a
transient suppression device.’’ These
statements indicate that the FAA
expects to take AD action on multiple
airplane models to address FQIS issues
identified through the SFAR 88
analyses. The preamble of the FTFR rule
also states that the proposed FRM has
the potential to reduce the industry cost
associated with those expected ADs
because the installation of an FRM
likely would eliminate the need to
further address the FQIS issue through
AD actions.
The purpose of those statements was
to note that there would be some cost
savings to industry resulting from the
elimination of other actions required to
address an unsafe condition for the
airplanes affected by the proposed rules,
and to point out that the FAA did not
take credit for those potential cost
reductions in assessing the cost of the
FTFR rule because the costs were not
well understood at the time. That
statement was not a commitment by the
FAA to forego issuing ADs if necessary
to address an identified unsafe
condition on the airplanes but rather to
not require the affected airplanes to
incorporate FRM. As noted previously,
the NPRM for the FTFR rule and the
FTFR rule both made statements
indicating that the FAA expects to issue
AD actions on multiple airplane models
to address FQIS issues identified
through the SFAR 88 analyses. The FAA
explained the unsafe condition and the
risk on anticipated flights with a preexisting latent failure condition in the
NPRM to this final rule. The FAA also
provided an estimate of the costs
associated with the proposed AD in
accordance with FAA rulemaking policy
and the Administrative Procedures Act.
The FAA has not changed this AD
regarding this issue.
Request To Require Cargo Airplane
Option for All Airplanes
Boeing requested that the NPRM be
revised to make the alternative actions
for cargo airplanes specified in
paragraph (h) of the proposed AD
applicable to all airplanes, including
passenger airplanes with FRM not
installed due to differences in foreign
regulations. In addition, Boeing
requested that the actions specified in
paragraph (h) of the proposed AD
become the primary means of
compliance for all airplanes, not an
alternative method of compliance for
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some airplanes. In addition, KLM
proposed that the FAA review if the
‘‘Alternative Actions for Cargo
Airplanes’’ as described in paragraph (h)
of the proposed AD is a possible
acceptable means of compliance for
passenger airplanes.
The FAA disagrees with the
commenters’ requests. As discussed in
the comment response in the SNPRM
for Docket No. FAA–2012–0187, under
the heading ‘‘Requests To Withdraw
NPRM (77 FR 12506, March 1, 2012)
Based on Applicability’’ the FAA does
not consider the alternative action for
cargo airplanes allowed by this AD to
provide an adequate level of safety for
passenger airplanes. The FAA is willing
to accept a higher level of individual
flight risk exposure for cargo flights that
are not fail-safe due to the absence of
passengers and the resulting significant
reduction in occupant exposure on a
cargo airplane versus a passenger
airplane, and due to relatively low
estimated individual flight risk that
would exist on a cargo airplane after the
corrective actions are taken. The FAA
has not changed this AD regarding this
issue.
Request To Record Only Certain Codes
Boeing requested that paragraph (h)(1)
of the proposed AD be revised to only
require corrective actions if a
nondispatchable fault code pertaining to
the center wing tank is recorded (as
opposed to any nondispatchable fault
code being recorded). Boeing stated that
all FQIS wire separation changes in the
proposed AD are limited to the center
wing tank, therefore only built-in test
equipment (BITE) check messages
pertaining to the center wing tank are
applicable to the proposed AD.
The FAA agrees that the unsafe
condition addressed by this AD is
limited to the center wing tank.
However, the FAA does not agree that
the AD should be changed as proposed
by Boeing. It is not clear to the FAA
whether there may be FQIS BITE fault
codes that are not clearly identified as
related to the center wing tank but that
may impact center tank circuits.
Therefore, the FAA has determined that
all nondispatchable fault codes recorded
prior to the BITE check or as a result of
the BITE check required by paragraph
(h)(1) of this AD must be addressed.
Operators or Boeing may request an
alternative method of compliance
(AMOC) under the provisions of
paragraph (i) of this AD if they can
provide sufficient data that a particular
fault code does not pertain to the unsafe
condition addressed by this AD.
Regarding the requirement to record
and address fault codes read
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immediately prior to running the BITE
check procedure, the FAA notes that the
normal Boeing procedure for performing
an FQIS BITE check is to first erase all
of the existing fault codes, then perform
the BITE check and troubleshoot any
resulting new fault codes. For this AD,
the FAA did not want any already
stored fault codes to be potentially
ignored due to erasure at the first step
because some of the failures of concern
can be intermittent. This AD therefore
requires operators to record the existing
codes before doing the BITE check, then
do the BITE check and record the new
codes that result from that BITE check,
and then do the appropriate
troubleshooting and corrective action
for both sets of codes per the
manufacturer’s guidance. The FAA has
not changed this AD regarding this
issue.
Request To Exclude Certain Airplanes
Delta Airlines (DAL) requested that
the FAA revise the proposed AD to
exclude airplanes that are affected by 14
CFR 121.1117. DAL and United Airlines
(UAL) noted that the FRM required by
14 CFR 121.1117 will have been
installed on all affected airplanes in
passenger configuration by December
26, 2018. DAL suggested modifying
paragraph (c) of the proposed AD to
clarify that the proposed AD is only
applicable to aircraft that are not
affected by 14 CFR 121.1117. UAL also
suggested that the FAA either delete
paragraph (g) of the proposed AD or
make paragraph (g) of the proposed AD
applicable only to airplanes in a cargo
configuration that do not have an FRM
installed and non-U.S.-registered
airplanes that do not have to comply
with FRM requirements.
The FAA disagrees with the
commenters’ requests. There are other
passenger-carrying airplanes operated
under 14 CFR part 91 that are not
required to install FRM. (The
requirement to install FRM on all
passenger-carrying airplanes operated
by air carriers is in 14 CFR 121.1117.)
The FAA notes that foreign air carriers
may not have to comply with that
requirement or similar requirements of
their own civil aviation authority.
EASA, for example, has chosen not to
require FRM to be retrofitted to inservice airplanes. This AD is intended
to require any Model 747–400 series
passenger airplane that does not have
FRM, regardless of the rules under
which it is operated, to address the
FQIS latent-plus-one unsafe condition
with a corrective action that fully
complies with the FAA airworthiness
standards. This requirement fulfills the
FAA’s International Civil Aviation
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Organization (ICAO) obligation to
address unsafe conditions on all of the
aircraft manufactured by the state of
design, not just those aircraft whose
operation is under the jurisdiction of the
state of design. The FAA has not
changed this AD regarding this issue.
Request To Change Compliance Time
A4A/CAA requested that the FAA
extend the compliance time for the
modifications specified in paragraphs
(g) and (h)(2) of the proposed AD to 72
months. The commenter stated that the
compliance time should match that of
AD 2016–07–07 because the unsafe
condition and corrective actions are
similar. A4A/CAA stated that although
service information was not yet
available, the compliance time should
align with major maintenance
schedules, but should be not less than
72 months after service information is
available.
Conversely, NATCA recommended
that the FAA reject requests for a
compliance time longer than 5 years as
proposed in the NPRM. Assuming final
rule issuance in 2016, NATCA
estimated that a 5-year compliance time
would result in required compliance by
2021—25 years after the TWA Flight
800 fuel tank explosion that led to the
requirements in SFAR 88, and 20 years
after issuance of SFAR 88.
The FAA agrees with A4A/CAA’s
requests to extend the compliance time,
and disagrees with NATCA’s request.
The FAA received similar requests to
extend the compliance time from
several commenters regarding the
NPRMs for the FQIS modification on
other airplanes. The FAA disagrees with
establishing a compliance time based on
issuance of the service information that
is not yet approved or available. The
FAA has determined that a 72-month
compliance time is appropriate and will
provide operators adequate time to
prepare for and perform the required
modifications without excessive
disruption of operations. The FAA has
determined that the requested moderate
increase in compliance time will
continue to provide an acceptable level
of safety. The FAA has changed
paragraphs (g) and (h)(2) of this AD
accordingly.
Request To Exclude Airplanes To Be
Retired
Virgin Atlantic Airways (VAA) and
British Airways (BA) requested that the
proposed AD be revised to provide
dispensation for aircraft to be retired.
VAA specifically asked for dispensation
for aircraft to be retired before 2022,
noting that a costly retrofit is a real
concern and a penalty to continued
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operation of aircraft that are scheduled
for retirement in the coming years.
The FAA disagrees with the
commenters’ request. As previously
mentioned, the FAA has revised this AD
to provide 72 months from the effective
date of this AD for incorporation of the
required modification. This compliance
time extends several years beyond the
2022 date requested by VAA, and
appears to be beyond the 747–400 fleet
retirement time planned by BA based on
media reports. Therefore, the FAA has
determined that special dispensation for
aircraft to be retired is not needed. The
FAA has not changed this AD regarding
this issue.
Request To Extend Repetitive BITE
Check Interval
Boeing, KLM, and Martinair requested
that paragraph (h)(1) of the proposed AD
be revised to extend the repetitive check
interval for the BITE checks. Boeing
requested that the repetitive interval be
extended to 750 flight hours to match
the repetitive intervals specified in
Boeing Service Bulletin 747–28–2340,
dated June 6, 2014. KLM and Martinair
requested that the repetitive check
interval be extended to 1,000 flight
hours to match A-check intervals.
The FAA agrees to extend the
repetitive check interval to 750 flight
hours to match the repetitive intervals
specified in Boeing Service Bulletin
747–28–2340, dated June 6, 2014. The
FAA intended to propose a 750 flight
hour interval, but inadvertently
specified 650 flight hour intervals in the
proposed AD. The FAA disagrees with
extending the repetitive check interval
to 1,000 flight hours because the 750
flight hours was agreed to during
discussion of the risk assessment and
service information for the cargo
airplane option with Boeing. The FAA
has revised paragraph (h)(1) of this AD
to specify repetitive intervals of 750
flight hours.
Request To Add an Optional Method of
Compliance
Boeing requested that paragraph (h) or
(i) of the proposed AD be revised to add
Boeing Service Bulletin 747–28–2344,
dated October 12, 2018, as an optional
method of compliance. Boeing noted
that the proposed AD does not specify
any authority for how to perform the
required modification. Boeing noted
that Boeing Service Bulletin 747–28–
2344, dated October 12, 2018, provides
a certified design and procedure for
accomplishing the wire separation
modification and will ensure the
modification is performed to specified
requirements.
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The FAA agrees with the commenter’s
request. The FAA has revised paragraph
(h)(2) of this AD to specify that Boeing
Service Bulletin 747–28–2344, dated
October 12, 2018, is an acceptable
method of compliance. This revision
includes adding paragraphs (h)(2)(i) and
(ii) of this AD. The FAA has also revised
the Estimated Costs for Alternative
Actions table in this final rule to
include the estimated costs for the
inspections and wire separation
modification specified in Boeing Service
Bulletin 747–28–2344, dated October
12, 2018, if operators choose to comply
using that method.
The FAA notes that this cost estimate
is based on data provided in Boeing
Service Bulletin 747–28–2344, dated
October 12, 2018, while the cost
estimate provided for a modification
using methods approved in accordance
with the procedures specified in
paragraph (h)(2)(i) of this AD (paragraph
(h)(2) of the proposed AD) is based on
data provided by the manufacturer for
Model 757 and 767 airplanes. The FAA
had previously determined, as specified
in the NPRM, that the work involved for
the cargo airplane wire separation
modification would take 230 workhours. Boeing has since provided an
updated estimate of 74 work-hours for
the alternative modification for cargo
airplanes. The FAA has revised the cost
estimate for the modification
accordingly in this final rule.
Request To Address Unsafe Condition
on All Fuel Tanks
NATCA recommended that the FAA
require design changes that eliminate
unsafe FQIS failure conditions on all
fuel tanks on the affected models,
regardless of fuel tank location or the
percentage of time the fuel tank is
flammable. NATCA referred to four fuel
tank explosions in low-flammability
exposure time fuel tanks identified by
the FAA during FTFR rulemaking.
NATCA stated that neither FRM nor
alternative actions for cargo airplanes
(e.g., BITE checks (checks of built-in test
equipment) followed by applicable
repairs before further flight and
modification of the center fuel tank
FQIS wiring within 60 months) would
bring the airplane into full regulatory
compliance. NATCA added that the
combination of failures described in the
NPRM meets the criteria for ‘‘known
combinations’’ of failures that require
corrective action in FAA Policy
Memorandum ANM100–2003–112–15.
The FAA disagrees with the
commenter’s request. The FAA has
determined that according to Policy
Memorandum ANM100–2003–112–15,
the failure condition for the airplanes
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16:34 Oct 05, 2020
Jkt 253001
affected by this AD should not be
classified as a ‘‘known combination.’’
While the FQIS design architecture is
similar to that of the early Boeing Model
747 configuration that is suspected of
contributing to the TWA Flight 800 fuel
tank explosion, significant differences
exist in the design of FQIS components
and wire installations between the
affected The Boeing Company models
and the early Model 747 airplanes such
that the intent of the ‘‘known
combinations’’ provision for lowflammability fuel tanks in the policy
memorandum is not applicable.
Therefore, this AD affects only the
identified Boeing airplanes with highflammability exposure time fuel tanks,
as specified in paragraph (c) of this AD.
The FAA provided a detailed response
to similar comments in the preamble of
the final rule for AD 2016–07–07. The
FAA has not changed this final rule
regarding this issue.
Request To Clarify Certification Basis
for Modification Requirements
NATCA recommended that the FAA
revise paragraph (g) of the proposed AD
to clearly state that the required FQIS
design changes must comply with the
fail-safe requirements of 14 CFR
25.901(c), as amended by amendment
25–46 (43 FR 50597, October 30, 1978);
and 14 CFR 25.981(a) and (b), as
amended by amendment 25–102;
NATCA added that these provisions are
required by SFAR 88.
The FAA does not agree to change
paragraph (g) of this AD. While the FAA
agrees that modifications to comply
with paragraph (g) of this AD should be
required to comply with the referenced
regulations, that requirement already
exists in 14 CFR part 21. No change to
this AD is necessary.
Request To Require Modification on All
Production Airplanes
NATCA recommended that the FAA
require designs that comply with 14
CFR 25.901(c) and 25.981(a)(3) on all
newly produced transport airplanes.
NATCA stated that continuing to grant
exemptions to 14 CFR 25.901(c), as
amended by amendment 25–40 (42 FR
15042, March 17, 1977); and 14 CFR
25.981(a)(3), as amended by amendment
25–102; has allowed continued
production of thousands of airplanes
with this known unsafe condition.
The FAA disagrees with the
commenter’s request. The
recommendation to require production
airplanes to fully comply with 14 CFR
25.901(c) and 14 CFR 25.981(a)(3) is
outside the scope of this rulemaking.
This AD applies only to Model 747–400,
747–400D, and 747–400F series
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62987
airplanes, which are no longer in
production. In addition, the FAA has
implemented requirements for all large
transport airplanes produced after
September 2010 to include flammability
reduction methods for tanks that would
otherwise be high-flammability fuel
tanks. Boeing incorporated this change
into the Model 747 series airplanes that
are still in production and the FAA has
excluded those models from the
applicability of this AD. The FAA has
not changed this final rule regarding
this issue.
Request To State That an Exemption Is
Required
Boeing requested that paragraph (h) of
the proposed AD be revised to state that
an exemption is required to accomplish
the specified actions. Boeing stated that
the FAA has identified that the BITE
procedure and wire separation design
changes specified in the proposed AD
are not sufficient for compliance to 14
CFR 25.981(a) at the FQIS level. Boeing
stated that an exemption is therefore
needed prior to approval of the related
design change.
The FAA agrees to clarify. The BITE
check is not a type design change or
alteration, so no exemption from the
airworthiness standards is required for
that action. The design data approval of
any partial wire separation modification
would require an exemption. That
exemption would be obtained by the
party seeking approval of the alteration
data, and no further exemption would
be required for the party using that data
to alter an aircraft. Obtaining such an
exemption would be part of the
certification process for such a change,
so the FAA does not find it necessary to
include such information in paragraph
(h) of this AD. In addition, some parties
may choose to comply with the AD
using a design change that fully
complies with the airworthiness
standards. The FAA also notes that the
commenter appears to misunderstand
why an exemption is needed for the
required modification. The exemption is
needed because, even with the
modification, the FQIS does not comply
with 14 CFR 25.901(c) and 14 CFR
25.981(a). The exemption does not
authorize evaluation of a partial system
for compliance with the system level
requirement. The FAA has not changed
this AD regarding this issue.
Request To Provide Cost-Effective
Method of Compliance
Korean Air Lines (KAL), VAA, KLM,
and BA requested that the FAA
encourage Boeing to provide a costeffective method of compliance for
passenger airplanes. KAL noted that the
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proposed AD does not provide a clear
means of compliance for the
modification, such as a Boeing service
bulletin. KAL and VAA noted that the
majority of non-FAA operators are not
required to retrofit the NGS system. The
commenters requested that the FAA
encourage Boeing to develop an
acceptable cost-effective method of
compliance that does not require
installation of an NGS. KLM and
Martinair also noted that EASA only
adopted the FAA operational
requirement to equip an FRM on newly
delivered airplanes.
The FAA agrees that the lack of
service information for FQIS
modifications makes it difficult to assess
the required work to modify the FQIS,
and acknowledges the high cost of NGS.
However, the FAA disagrees with the
commenters’ request. For passengercarrying airplanes, the cost per airplane
of providing a modification of the FQIS
that fully complies with the
airworthiness standards was estimated
by Boeing and their FQIS vendor
(Goodrich) prior to the issuance of the
NPRM to be comparable to the cost of
installing NGS. Based on that cost
estimate, Boeing proposed that they not
be required to develop a fully compliant
FQIS modification for passenger
airplanes because it would not provide
significant savings to operators and NGS
would provide a greater safety benefit.
The FAA agreed.
The FAA’s understanding is that
Boeing’s current position is the same,
and that they do not plan to develop a
fully compliant FQIS modification for
passenger airplanes to address
paragraph (g) of this AD. However, if
service information is developed,
approved, and available in the future,
operators may request approval under
the provisions of paragraph (i) of this
AD to use approved service instructions
as an AMOC for the requirements of this
AD, or the FAA may approve the service
information as a global AMOC for this
AD. In addition, as noted previously,
Boeing has issued Service Bulletin 747–
28–2344, dated October 12, 2018, for allcargo airplanes, and the FAA has
revised paragraph (h)(2)(ii) of this AD to
specify that Boeing Service Bulletin
747–28–2344, dated October 12, 2018, is
an acceptable method of compliance.
Request To Require Design Changes
From Manufacturers
NATCA recommended that the FAA
follow the agency’s compliance and
enforcement policy to require
manufacturers to develop the necessary
design changes soon enough to support
operators’ ability to comply with the
proposed requirements. NATCA noted
that SFAR 88 required manufacturers to
develop all design changes for unsafe
conditions identified by their SFAR 88
design reviews by December 2002, or
within an additional 18 months if the
FAA granted an extension.
The FAA acknowledges the
commenter’s concerns. However, any
enforcement action is outside the scope
of this rulemaking. The FAA has not
changed this final rule regarding this
issue.
Clarification of BITE Check Compliance
Time
The FAA has revised paragraph (h)(1)
of this AD to clarify the compliance
time for the BITE check relative to the
requirement to record the fault codes.
The FAA recognized that operators
might interpret the proposed
requirements for alternative actions for
cargo airplanes as allowing additional
flights prior to performing the BITE
check after first recording the fault
codes. The FAA intended for operators
to perform the BITE check immediately
after recording the fault codes to address
both the fault codes that exist prior to
performing the BITE check and any new
codes that are identified during the
BITE check.
Clarification of Applicability
The FAA has revised paragraph (c) of
this AD to clarify that airplanes
equipped with an ignition mitigation
means (IMM) approved by the FAA as
compliant with certain regulations are
excluded from this AD. This revision
includes adding paragraphs (c)(1) and
(2) of this AD. The FAA intended for
airplanes with compliant IMM to be
excluded from the actions required by
this AD. The FAA has determined that
the installation of an approved IMM
provides a level of risk reduction at least
as great as that provided by FRM and
adequately addresses the unsafe
condition.
Conclusion
The FAA reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting this
final rule with the changes described
previously and minor editorial changes.
The FAA has determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
The FAA also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this final rule.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Service
Bulletin 747–28–2340, dated June 6,
2014. This service information describes
procedures for a BITE check (check of
built-in test equipment) of the FQIS.
The FAA also reviewed Boeing
Service Bulletin 747–28–2344, dated
October 12, 2018. This service
information describes procedures for a
general visual inspection for any
damage to the FQIS wire bundle, repair
of damaged FQIS wire bundles, and
modification of the airplane by
separating FQIS wiring that runs
between the FQIS processor and the
center tank wing spar penetrations from
other airplane wiring.
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
The FAA estimates that this AD
affects 71 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
khammond on DSKJM1Z7X2PROD with RULES
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Modification .............................
1,200 work-hours × $85 per hour = $102,000 .......................
VerDate Sep<11>2014
16:34 Oct 05, 2020
Jkt 253001
PO 00000
Frm 00056
Fmt 4700
Parts cost
Sfmt 4700
$200,000
E:\FR\FM\06OCR1.SGM
06OCR1
Cost per
product
$302,000
Cost on U.S.
operators
$21,442,000
Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations
62989
ESTIMATED COSTS FOR ALTERNATIVE ACTIONS
Action
Labor cost
BITE check .....................................................
1 work-hours × $85 per hour = $85 per
check.
Up to 41 work-hours × $85 per hour = Up to
$3,845.
74 work hours × $85 per hour = $6,290 .......
Inspection and wire separation (using service information).
Wire separation ..............................................
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
The FAA has received no definitive
data that would enable us to provide
cost estimates for the on-condition
actions specified in this AD.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is 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.
khammond on DSKJM1Z7X2PROD with RULES
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
VerDate Sep<11>2014
16:34 Oct 05, 2020
Jkt 253001
Parts cost
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):
■
2020–18–02 The Boeing Company:
Amendment 39–21223; Docket No.
FAA–2016–6145; Product Identifier
2015–NM–056–AD.
(a) Effective Date
This AD is effective November 10, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 747–400, –400D, and –400F series
airplanes, certificated in any category,
excluding the airplanes identified in
paragraphs (c)(1) and (2) of this AD.
(1) Airplanes equipped with a flammability
reduction means (FRM) approved by the FAA
as compliant with the fuel tank flammability
reduction (FTFR) requirements of 14 CFR
25.981(b) or 26.33(c)(1).
(2) Airplanes equipped with an ignition
mitigation means (IMM) approved by the
FAA as compliant with the FTFR
requirements of 14 CFR 25.981(c) or
26.33(c)(2).
(d) Subject
Air Transport Association (ATA) of
America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by the FAA’s
analysis of the Model 747 fuel system
reviews conducted by the manufacturer. The
FAA is 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.
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
Cost per product
$0
4,220
10,000
$340 per year (4 checks per
year).
Up to $8,065.
$16,290.
(g) Modification
Within 72 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
(2) of this AD. To exercise this alternative,
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 alternative 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 before
further flight thereafter do a BITE check
(check of built-in test equipment) of the
FQIS, in accordance with the
Accomplishment Instructions of Boeing
Service Bulletin 747–28–2340, dated June 6,
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 the Accomplishment
Instructions of Boeing Service Bulletin 747–
28–2340, dated June 6, 2014. Repeat these
actions thereafter at intervals not to exceed
750 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 72 months after the effective
date of this AD, do the actions specified in
paragraph (h)(2)(i) or (ii) of this AD.
(i) 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.
(ii) Do a general visual inspection for any
damage to the FQIS wire bundle and all
E:\FR\FM\06OCR1.SGM
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Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations
applicable repairs; and 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; in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 747–
28–2344, dated October 12, 2018. Do all
applicable repairs before further flight.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle ACO Branch,
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
certification office, send it to the attention of
the person identified in paragraph (j)(1) of
this AD. Information may be emailed to: 9ANM-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 Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Seattle ACO Branch, FAA, 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 (ii) of this AD 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. If a step or substep is
labeled ‘‘RC Exempt,’’ then the RC
requirement is removed from that step or
substep. 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.
khammond on DSKJM1Z7X2PROD with RULES
(j) Related Information
16:34 Oct 05, 2020
Issued on August 19, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–21996 Filed 10–5–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0852; Project
Identifier MCAI–2020–01179–T; Amendment
39–21257; AD 2020–20–01]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
Jkt 253001
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
incorporate the applicable AFM change
project (CP), as specified in a European
Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference.
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD becomes effective
October 21, 2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of October 21, 2020.
The FAA must receive comments on
this AD by November 20, 2020.
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: 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 material incorporated by reference
(IBR) in this AD, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may
find this IBR material on the EASA
website at https://ad.easa.europa.eu.
You may view this IBR material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0852.
Examining the AD Docket
The FAA is adopting a new
airworthiness directive (AD) for certain
Dassault Aviation Model FALCON 7X,
FALCON 900EX, and FALCON 2000EX
airplanes. This AD was prompted by
reports of primary display unit (PDU)
data flickering on airplanes equipped
with EASy software. This AD requires
amending the applicable Dassault
airplane flight manual (AFM) to
SUMMARY:
(1) For more information about this AD,
contact Jon Regimbal, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines,
WA 98198; phone and fax: 206–231–3557;
email: Jon.Regimbal@faa.gov.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.
VerDate Sep<11>2014
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Service Bulletin 747–28–2340,
dated June 6, 2014.
(ii) Boeing Service Bulletin 747–28–2344,
dated October 12, 2018.
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110 SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; internet https://
www.myboeingfleet.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0852; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this AD, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
E:\FR\FM\06OCR1.SGM
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Agencies
[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Rules and Regulations]
[Pages 62981-62990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21996]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-6145; Product Identifier 2015-NM-056-AD; Amendment
39-21223; AD 2020-18-02]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 747-400, 747-400D, and 747-400F series
airplanes. This AD was prompted by the FAA's analysis of the Model 747
fuel system reviews conducted by the manufacturer. This AD requires
[[Page 62982]]
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 AD also provides alternative actions
for cargo airplanes. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective November 10, 2020.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 10,
2020.
ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call 206-231-3195. It is also available on
the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2016-6145.
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-
6145; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Jon Regimbal, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206-231-3557; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain The Boeing
Company Model 747-400, 747-400D, and 747-400F series airplanes. The
NPRM published in the Federal Register on May 3, 2016 (81 FR 26490).
The NPRM was prompted by the FAA's analysis of the Model 747 fuel
system reviews conducted by the manufacturer. The NPRM proposed to
require modifying the FQIS to prevent development of an ignition source
inside the center fuel tank due to electrical fault conditions. The
proposed AD also proposed to provide alternative actions for cargo
airplanes.
The FAA is issuing this AD to address 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.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.
Support for the NPRM
The Air Line Pilots Association, International (ALPA) and National
Air Traffic Controllers Association (NATCA) supported the intent of the
NPRM. Additional comments from NATCA are addressed below.
Request To Withdraw NPRM: Unjustified by Risk
Airlines for America and the Cargo Airline Association, in
consolidated comments (A4A/CAA), United Parcel Service (UPS) and KLM
Royal Dutch Airlines (KLM) requested that the FAA withdraw the NPRM.
A4A/CAA and UPS cited comments submitted by Boeing to Docket No. FAA-
2012-0187 in which Boeing stated that the risk is ``less than extremely
improbable.'' A4A/CAA added that Boeing does not believe that an unsafe
condition exists. UPS stated the Boeing's comments demonstrate an
unsafe condition does not exist. A4A/CAA and UPS noted that they
consider the Boeing comments to be applicable to the airplane models in
the NPRM. KLM added that it understands that Boeing is not able to
explain or substantiate the rationale behind the NPRM.
KLM and Martinair stated that the NPRM does not clarify the
necessity of additional actions beyond the currently mandated Special
Federal Aviation Regulation (SFAR) No. 88 (in 14 CFR part 21), related
service bulletins, airworthiness limitations, and critical design
configuration control limitations. UPS stated that an agency is
required to consider all relevant factors and articulate a satisfactory
explanation for its action. UPS noted that the FAA is apparently basing
its decision to issue the AD on historical SFAR 88 design reviews that
have been superseded by the more recent Boeing analysis and favorable
operational experience in the years since the SFAR 88 reviews were
completed.
The FAA disagrees with the commenters' request. The FAA notes that
Boeing's comments were addressed in the supplemental NPRM (SNPRM) for
Docket No. FAA-2012-0187 (80 FR 9400, February 23, 2015) in the comment
response for ``Request To Withdraw NPRM (77 FR 12506, March 1, 2012):
Unjustified by Risk.'' As explained in that comment response, in
addition to examining average risk and total fleet risk, the FAA
examines the individual flight risk on the worst reasonably anticipated
flights. In general, the FAA issues ADs in cases where reasonably
anticipated flights with preexisting failures (either due to latent
failure conditions or allowable dispatch configurations) are vulnerable
to a catastrophic event due to an additional foreseeable single failure
condition. This is because the FAA considers operation of flights
vulnerable to a potentially catastrophic single failure condition to be
an excessive safety risk to the passengers on those flights. The FAA
has determined that the currently mandated SFAR 88 service bulletins,
airworthiness limitations, and critical design configuration control
limitations do not adequately address the unsafe condition identified
in this AD and therefore it is necessary to issue this final rule. The
FAA has not changed this AD regarding this issue.
Request To Withdraw NPRM: No Unsafe Condition
Boeing requested that the FAA withdraw the NPRM. Boeing suggested
that, by requiring center fuel tank FQIS wire separation for passenger
airplanes that have not incorporated a nitrogen generating system
(NGS), the NPRM specifically addresses airplanes regulated by the
European Union Aviation Safety Agency (EASA) and other civil aviation
authorities and the lack of a flammability reduction means (FRM) rule.
Boeing stated that because it considered the use of FRM (NGS) to
address unknown ignition sources as the final corrective action, Boeing
has not developed center tank FQIS wire separation service instructions
for passenger aircraft. Boeing stated that it believes no unsafe
condition exists and does not feel that the lack of FRM rule
harmonization should cause additional work and expense for airlines.
The FAA disagrees with the commenter's request. The FAA determined
that an unsafe condition exists using the criteria in FAA Policy
Memorandum ANM100-2003-112-15,
[[Page 62983]]
``SFAR 88--Mandatory Action Decision Criteria,'' dated February 25,
2003.\1\ That policy was used to evaluate the noncompliant design areas
identified in the manufacturer's fuel system reviews and to determine
which noncompliance issues were unsafe conditions that required
corrective action under 14 CFR part 39. The FAA's unsafe condition
determination was not based on an assessment of average risk or total
fleet risk, but rather was driven by the qualitative identification of
an unacceptable level of individual risk that exists on flights that
are anticipated to occur with a preexisting latent in-tank failure
condition and with a flammable center fuel tank. For these reasons, and
based on further detailed responses to similar comments in the SNPRM
for Docket No. FAA-2012-0187, and in the subsequently issued final
rule, AD 2016-07-07, Amendment 39-18452 (81 FR 19472, April 5, 2016)
(``AD 2016-07-07''), which addressed the same unsafe condition for
Boeing Model 757 airplanes, the FAA has determined that it is necessary
to issue this final rule.
---------------------------------------------------------------------------
\1\ https://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgPolicy.nsf/0/dc94c3a46396950386256d5e006aed11/$FILE/Feb2503.pdf.
---------------------------------------------------------------------------
Request To Withdraw NPRM: Probability Analysis Inconsistent With
Regulatory Requirements
A4A/CAA and UPS requested that the FAA withdraw the NPRM. The
commenters stated that the assumption of a single failure regardless of
probability is inconsistent with 14 CFR part 25 regulatory
requirements. The commenters referred to the phrase ``regardless of
probability'' associated with single failures. A4A/CAA and UPS
acknowledged that the term is used with single failures in FAA Advisory
Circular (AC) 25.981-1C,\2\ ``Fuel Tank Ignition Source Prevention
Guidelines,'' but since that term does not appear in 14 CFR
25.981(a)(3), the commenters considered its use arbitrary, possibly
introducing additional requirements not included in that section. A4A/
CAA and UPS stated that the ``worst reasonably anticipated flight'' is
a flight with a latent FQIS failure and a high-flammability tank, and
this ``latent plus one'' failure--regardless of probability of a single
failure--is not consistent with 14 CFR 25.981(a)(3).
---------------------------------------------------------------------------
\2\ https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_25.981-1C.pdf.
---------------------------------------------------------------------------
The FAA disagrees with the commenters' request. The FAA notes that
the commenters' assertion about the intent of 14 CFR 25.981(a)(3) is
incorrect based on both the language of the rule and on the published
rulemaking documents. The absence of a probabilistic qualifier in both
the ``from each single failure'' clause and in the ``from each single
failure in combination with each latent failure not shown to be
extremely remote'' clause in 14 CFR 25.981(a)(3) in fact means just
that--there is no probabilistic qualifier intended by the regulation.
The intent for single failures in these two scenarios to be considered
regardless of probability of the single failure was explicitly stated
in the NPRM for 14 CFR 25.981, as amended by amendment 25-102 (66 FR
23085, May 7, 2001) (``amendment 25-102''). That NPRM stated, in
pertinent part, that it would also add a new paragraph (a)(3) to
require that a safety analysis be performed to demonstrate that the
presence of an ignition source in the fuel tank system could not result
from ``any single failure, from any single failure in combination with
any latent failure condition not shown to be extremely remote, or from
any combination of failures not shown to be extremely improbable.''
These new requirements would define three scenarios that must be
addressed in order to show compliance with the proposed paragraph
(a)(3). ``The first scenario is that any single failure, regardless of
the probability of occurrence of the failure, must not cause an
ignition source. The second scenario is that any single failure,
regardless of the probability occurrence, in combination with any
latent failure condition not shown to be at least extremely remote
(i.e., not shown to be extremely remote or extremely improbable), must
not cause an ignition source. The third scenario is that any
combination of failures not shown to be extremely improbable must not
cause an ignition source.''
The preamble to the final rule for amendment 25-102 made a nearly
identical statement, including the same uses of the phrase ``regardless
of probability.'' The FAA has determined that it is necessary to
proceed with issuance of this final rule as proposed. Further details
and a description of the FAA's risk assessment can be found in
responses to similar comments in a related SNPRM that addressed the
same unsafe condition for Model 757 airplanes, in Docket No. FAA-2012-
0187, and in the subsequently issued final rule, AD 2016-07-07,
amendment 39-18452 (81 FR 19472, April 5, 2016) (``AD 2016-07-07''). No
change to this AD was made in response to these comments.
Request To Withdraw NPRM: No New Data Since Fuel Tank Flammability
Reduction (FTFR) Rulemaking
A4A/CAA and UPS requested that the FAA withdraw the NPRM based on a
lack of new data since the issuance of the FTFR rule (73 FR 42444, July
21, 2008). The commenters referred to the FTFR rule and decision to not
require FRM for all-cargo airplanes, and the FAA's intent to gather
additional data and consideration of further rulemaking if flammability
of these airplanes is excessive. UPS stated that since the FTFR rule,
no additional data has been publicly introduced that would support or
justify the applicability of this rulemaking to all-cargo aircraft. The
commenters also referred to the FAA's response to comments in the
preamble to the SNPRM for Docket No. FAA-2012-0187, which documented
the FAA's decision on applicability of FRM and cost estimates. The
commenters stated that the FAA response was misleading and not factual
since manufacturers did not begin detailed designs to address the
proposed unsafe condition until after the FTFR rule was published. The
commenters added that the FAA did not discuss other changes to the FQIS
system in the FTFR rule.
The FAA disagrees with the commenters' request. The FAA notes that
the FTFR rule and FQIS ADs are two different issues with separate FAA
actions. The intent of the FTFR rule was to provide an order of
magnitude reduction in the rate of fuel tank explosions for the
airplanes affected by that rule through adding a new airworthiness
standard for the flammability of fuel tanks. The FAA notes that the
FTFR rule was never intended to be a replacement for the issuance of
ADs to address identified unsafe conditions. An unsafe condition due to
the identified FQIS latent-plus-single failure issue in high-
flammability fuel tanks was determined to exist during the SFAR 88 AD
Board held by the FAA in 2003 using the guidance in FAA Policy
Memorandum ANM100-2003-112-15 for high-flammability fuel tanks,
including the center fuel tank on Model 747-400 airplanes. That same
issue was not considered to be an unsafe condition in low-flammability
wing fuel tanks based on that same policy memorandum. The FAA has not
changed this AD regarding this issue.
Request To Withdraw NPRM: Arbitrary and Inconsistent Wire Separation
Standards
A4A/CAA and UPS requested that the FAA withdraw the NPRM based on a
lack of consistent design standards for
[[Page 62984]]
FQIS wire separation. The commenters assumed that the approved standard
for the retrofit is a 2-inch wire separation minimum, which the
commenters considered arbitrary and inconsistently applied. The
commenters reported that the amount of wiring capable of meeting that
separation standard varies widely among airplane models. A4A/CAA and
UPS also acknowledged that other separation methods were used in areas
not meeting the 2-inch wire separation requirement.
The FAA does not agree with the commenters' request. The degree of
physical isolation of FQIS wiring from other wiring, whether provided
by physical distance or barrier methods, that is necessary to eliminate
the potential for hot shorts due to wiring faults is dependent on the
materials used, the wire securing methods, and the possible types of
wiring faults. The FAA relied on the manufacturer to assess the details
of the design and to propose the appropriate isolation measures. While
2 inches of physical separation may appear to be an arbitrary number,
it was the distance proposed by the manufacturer as appropriate for
their design based on analysis of the design details. The FAA has not
changed this AD regarding this issue.
Request To Withdraw NPRM: NPRM Arbitrary and Inconsistently Applied
A4A/CAA and UPS requested that the FAA withdraw the NPRM. The
commenters noted that airplanes with FRM are not included in the
applicability, and the NPRM would therefore not fully address the
unsafe condition. The commenters added that the distinction between
high- and low-flammability exposure time fuel tanks as used in the NPRM
is arbitrary. The commenters stated that an arbitrary differentiation
of high- versus low-flammability as decisional criteria for the need
for corrective action does not take into account the actual probability
of the impact of the difference in flammability on the potential of
catastrophic failure. The commenters also stated that allowing the
proposed alternative actions for cargo airplanes does not fully address
the unsafe condition in the NPRM. The commenters referenced the FAA's
response to comments in AD 2016-07-07 regarding this issue. The
commenters summarized numerical analysis showing no significant
difference in risk between high- and low-flammability fuel tanks. The
commenters concluded that the FAA's risk analysis is arbitrary and an
unsafe condition does not exist.
The FAA disagrees with the assertion that the NPRM is arbitrary and
inconsistent. The NPRM follows defined policy in FAA Policy Memorandum
ANM100-2003-112-15, and consistently applies the policy to several
airplane models with similar unsafe conditions, similar to AD 2016-07-
07. The FAA defined the difference between low- and high-flammability
exposure time fuel tanks based on recommendations from the Aviation
Rulemaking Advisory Committee Fuel Tank Harmonization Working Group
(FTHWG). The preamble to the final rule for amendment 25-102, which
amended 14 CFR 25.981, defined this difference as based upon comparison
of ``the safety record of center wing fuel tanks that, in certain
airplanes, are heated by equipment located under the tank, and unheated
fuel tanks located in the wing.'' The FTHWG concluded that the safety
record of fuel tanks located in the wings was adequate and that if the
same level could be achieved in center wing fuel tanks, the overall
safety objective would be achieved.
In the response to comments in the preamble to the final rule for
AD 2016-07-07 referenced by the commenters, the FAA described why FRM
or alternative actions for cargo airplanes provide an acceptable level
of safety, even if they do not completely eliminate the non-compliance
with 14 CFR 25.981(a)(3).
The fuel tank explosion history for turbojet/turbofan powered
transport airplanes fueled with kerosene type fuels, outside of
maintenance activity, has consisted of explosions of tanks that (1) are
not conventional aluminum wing tanks and (2) spend a considerable
amount of their operating time empty. The service history of
conventional aluminum wing tanks has been acceptable. The intent of the
difference in decision criteria in FAA Policy Memorandum ANM100-2003-
112-15 was to give credit for this satisfactory service experience, and
to differentiate between tanks with a level of flammability similar to
that of a conventional wing tank and those with a significantly higher
level of flammability.
The numerical analysis provided by the commenters is inconsistent
with the fuel tank explosion service history. There are at least three
identifiable physics-based reasons for that inconsistency. First, low-
flammability tanks on most types of airplanes are main tanks that are
the last tanks used. During a large portion of their operating time,
the systems and structural features that have the potential to be
ignition sources in the event of a failure condition are covered with
liquid fuel, and an ignition source, if it occurs, is likely to be
submerged. When a potential ignition source in a main tank is
uncovered, it is likely to be later in the flight when the tank is cool
and no longer flammable. The commenters' analysis does not account for
this significant effect. Second, the numerical analysis used by the
commenters assumes that any given ignition source has a random
occurrence in time at the estimated probability, and that, in order for
an explosion to occur, that random occurrence of an ignition source
needs to coincide with the tank being in a flammable state. In fact,
many of the identified ignition threats do not simply occur briefly and
then go away. Instead, a fault occurs that, until it is discovered and
corrected, repeatedly creates an ignition source, and repeatedly tests
whether flammable conditions exist.
Third, the flammability of low-flammability fuel tanks is typically
dependent on weather, and a low-flammability fuel tank may operate for
months without ever becoming flammable. This is not true of most high-
flammability fuel tanks, which typically have significant on-airplane
heat sources driving their temperature. This factor can mean that, on
some airplanes, an in-tank latent failure can occur and, after some
period of time, be detected and corrected without the low-flammability
tank ever having flammable conditions. The numerical analysis provided
by the commenters does not account for these significant factors. The
difference in likelihood of a failure that results in repeated ignition
source events causing a tank explosion is not simply proportional to
difference in the fleet average flammability of the tank for the
reasons stated above. The FAA has not changed this AD regarding this
issue.
Request To Withdraw NPRM: Inadequate Fleet Exposure and Cost Estimates
Boeing requested that the FAA withdraw the NPRM. Boeing stated that
the fleet exposure for the affected fleet continues to decrease due to
aging airplanes and production stopping on Model 747-400 airplanes.
Boeing added that the estimated costs in the NPRM do not take into
account the costs of compliance for passenger airplanes without FRM
installed.
The FAA disagrees with the commenter's request. The FAA did not
base its unsafe condition determination on fleet risk but instead on
individual risk. This is discussed in detail in the response to
comments in the SNPRM for Docket No. FAA-2012-0187, under the heading
``Request To Withdraw NPRM (77 FR 12506, March 1, 2012):
[[Page 62985]]
Unjustified by Risk.'' Therefore, the age of the airplane and its
current production stoppage do not affect the determination that an
unsafe condition still exists on an individual airplane.
The NPRM for this proposed rule did contain a cost estimate for
passenger airplanes that was based on the estimate provided by Boeing
for the Model 757 and Model 767 airplanes, which have an FQIS of
similar design. The FAA notes that Boeing asserted that the cost to
operators of modifying an airplane's FQIS to be fully compliant with
the airworthiness standards would be similar to the cost of installing
Boeing's NGS flammability reduction system. Based on that, Boeing
requested that the FAA agree to not require Boeing to develop service
information for a fully compliant FQIS modification. However, the FAA
used Boeing's estimate of the cost to modify the Model 757 and Model
767 FQIS to a fully part-25-compliant configuration to provide the
estimated costs in the NPRM, based on an assumption that the cost for
Model 747 airplanes would be similar. At the time, Boeing concurred
with this estimate. This is discussed in detail in the response to
comments in the SNPRM for Docket No. FAA-2012-0187. Therefore, the FAA
has not changed this AD regarding this issue.
Request To Withdraw NPRM: Insufficient Justification for AD
Based on an assertion that the FAA did not sufficiently explain how
the unsafe condition justifies AD rulemaking, UPS requested that the
FAA withdraw the NPRM. UPS stated that the FTFR rule did not suggest
that any future modifications of FQIS systems had been considered. UPS
contended that all-cargo operators were surprised and prejudiced by
costly proposed FQIS modifications that are unsupported by both an
updated risk assessment and full cost/benefit analysis that consider
the pertinent facts. UPS alleged that the FAA did not fully explain or
justify its decision making for the NPRM, and concluded that the NPRM
is arbitrary and does not reflect properly reasoned agency action.
The FAA disagrees with the commenter's request. A review of the
rulemaking record shows that the commenter's first assertion is not
correct. The FAA notes that Section III.K.5. of the preamble of the
FTFR rule states that ``the findings from the analysis required by SFAR
88 showed that most transport category airplanes with high-flammability
fuel tanks needed transient suppression units (TSUs) to prevent
electrical energy from airplane wiring from entering the fuel tanks in
the event of a latent failure in combination with a single failure.''
In addition, the NPRM for the FTFR rule (70 FR 70922, November 23,
2005) states: ``As part of the safety reviews of SFAR 88, we have
identified other models that likewise would need a transient
suppression device.'' These statements indicate that the FAA expects to
take AD action on multiple airplane models to address FQIS issues
identified through the SFAR 88 analyses. The preamble of the FTFR rule
also states that the proposed FRM has the potential to reduce the
industry cost associated with those expected ADs because the
installation of an FRM likely would eliminate the need to further
address the FQIS issue through AD actions.
The purpose of those statements was to note that there would be
some cost savings to industry resulting from the elimination of other
actions required to address an unsafe condition for the airplanes
affected by the proposed rules, and to point out that the FAA did not
take credit for those potential cost reductions in assessing the cost
of the FTFR rule because the costs were not well understood at the
time. That statement was not a commitment by the FAA to forego issuing
ADs if necessary to address an identified unsafe condition on the
airplanes but rather to not require the affected airplanes to
incorporate FRM. As noted previously, the NPRM for the FTFR rule and
the FTFR rule both made statements indicating that the FAA expects to
issue AD actions on multiple airplane models to address FQIS issues
identified through the SFAR 88 analyses. The FAA explained the unsafe
condition and the risk on anticipated flights with a pre-existing
latent failure condition in the NPRM to this final rule. The FAA also
provided an estimate of the costs associated with the proposed AD in
accordance with FAA rulemaking policy and the Administrative Procedures
Act. The FAA has not changed this AD regarding this issue.
Request To Require Cargo Airplane Option for All Airplanes
Boeing requested that the NPRM be revised to make the alternative
actions for cargo airplanes specified in paragraph (h) of the proposed
AD applicable to all airplanes, including passenger airplanes with FRM
not installed due to differences in foreign regulations. In addition,
Boeing requested that the actions specified in paragraph (h) of the
proposed AD become the primary means of compliance for all airplanes,
not an alternative method of compliance for some airplanes. In
addition, KLM proposed that the FAA review if the ``Alternative Actions
for Cargo Airplanes'' as described in paragraph (h) of the proposed AD
is a possible acceptable means of compliance for passenger airplanes.
The FAA disagrees with the commenters' requests. As discussed in
the comment response in the SNPRM for Docket No. FAA-2012-0187, under
the heading ``Requests To Withdraw NPRM (77 FR 12506, March 1, 2012)
Based on Applicability'' the FAA does not consider the alternative
action for cargo airplanes allowed by this AD to provide an adequate
level of safety for passenger airplanes. The FAA is willing to accept a
higher level of individual flight risk exposure for cargo flights that
are not fail-safe due to the absence of passengers and the resulting
significant reduction in occupant exposure on a cargo airplane versus a
passenger airplane, and due to relatively low estimated individual
flight risk that would exist on a cargo airplane after the corrective
actions are taken. The FAA has not changed this AD regarding this
issue.
Request To Record Only Certain Codes
Boeing requested that paragraph (h)(1) of the proposed AD be
revised to only require corrective actions if a nondispatchable fault
code pertaining to the center wing tank is recorded (as opposed to any
nondispatchable fault code being recorded). Boeing stated that all FQIS
wire separation changes in the proposed AD are limited to the center
wing tank, therefore only built-in test equipment (BITE) check messages
pertaining to the center wing tank are applicable to the proposed AD.
The FAA agrees that the unsafe condition addressed by this AD is
limited to the center wing tank. However, the FAA does not agree that
the AD should be changed as proposed by Boeing. It is not clear to the
FAA whether there may be FQIS BITE fault codes that are not clearly
identified as related to the center wing tank but that may impact
center tank circuits. Therefore, the FAA has determined that all
nondispatchable fault codes recorded prior to the BITE check or as a
result of the BITE check required by paragraph (h)(1) of this AD must
be addressed. Operators or Boeing may request an alternative method of
compliance (AMOC) under the provisions of paragraph (i) of this AD if
they can provide sufficient data that a particular fault code does not
pertain to the unsafe condition addressed by this AD.
Regarding the requirement to record and address fault codes read
[[Page 62986]]
immediately prior to running the BITE check procedure, the FAA notes
that the normal Boeing procedure for performing an FQIS BITE check is
to first erase all of the existing fault codes, then perform the BITE
check and troubleshoot any resulting new fault codes. For this AD, the
FAA did not want any already stored fault codes to be potentially
ignored due to erasure at the first step because some of the failures
of concern can be intermittent. This AD therefore requires operators to
record the existing codes before doing the BITE check, then do the BITE
check and record the new codes that result from that BITE check, and
then do the appropriate troubleshooting and corrective action for both
sets of codes per the manufacturer's guidance. The FAA has not changed
this AD regarding this issue.
Request To Exclude Certain Airplanes
Delta Airlines (DAL) requested that the FAA revise the proposed AD
to exclude airplanes that are affected by 14 CFR 121.1117. DAL and
United Airlines (UAL) noted that the FRM required by 14 CFR 121.1117
will have been installed on all affected airplanes in passenger
configuration by December 26, 2018. DAL suggested modifying paragraph
(c) of the proposed AD to clarify that the proposed AD is only
applicable to aircraft that are not affected by 14 CFR 121.1117. UAL
also suggested that the FAA either delete paragraph (g) of the proposed
AD or make paragraph (g) of the proposed AD applicable only to
airplanes in a cargo configuration that do not have an FRM installed
and non-U.S.-registered airplanes that do not have to comply with FRM
requirements.
The FAA disagrees with the commenters' requests. There are other
passenger-carrying airplanes operated under 14 CFR part 91 that are not
required to install FRM. (The requirement to install FRM on all
passenger-carrying airplanes operated by air carriers is in 14 CFR
121.1117.) The FAA notes that foreign air carriers may not have to
comply with that requirement or similar requirements of their own civil
aviation authority. EASA, for example, has chosen not to require FRM to
be retrofitted to in-service airplanes. This AD is intended to require
any Model 747-400 series passenger airplane that does not have FRM,
regardless of the rules under which it is operated, to address the FQIS
latent-plus-one unsafe condition with a corrective action that fully
complies with the FAA airworthiness standards. This requirement
fulfills the FAA's International Civil Aviation Organization (ICAO)
obligation to address unsafe conditions on all of the aircraft
manufactured by the state of design, not just those aircraft whose
operation is under the jurisdiction of the state of design. The FAA has
not changed this AD regarding this issue.
Request To Change Compliance Time
A4A/CAA requested that the FAA extend the compliance time for the
modifications specified in paragraphs (g) and (h)(2) of the proposed AD
to 72 months. The commenter stated that the compliance time should
match that of AD 2016-07-07 because the unsafe condition and corrective
actions are similar. A4A/CAA stated that although service information
was not yet available, the compliance time should align with major
maintenance schedules, but should be not less than 72 months after
service information is available.
Conversely, NATCA recommended that the FAA reject requests for a
compliance time longer than 5 years as proposed in the NPRM. Assuming
final rule issuance in 2016, NATCA estimated that a 5-year compliance
time would result in required compliance by 2021--25 years after the
TWA Flight 800 fuel tank explosion that led to the requirements in SFAR
88, and 20 years after issuance of SFAR 88.
The FAA agrees with A4A/CAA's requests to extend the compliance
time, and disagrees with NATCA's request. The FAA received similar
requests to extend the compliance time from several commenters
regarding the NPRMs for the FQIS modification on other airplanes. The
FAA disagrees with establishing a compliance time based on issuance of
the service information that is not yet approved or available. The FAA
has determined that a 72-month compliance time is appropriate and will
provide operators adequate time to prepare for and perform the required
modifications without excessive disruption of operations. The FAA has
determined that the requested moderate increase in compliance time will
continue to provide an acceptable level of safety. The FAA has changed
paragraphs (g) and (h)(2) of this AD accordingly.
Request To Exclude Airplanes To Be Retired
Virgin Atlantic Airways (VAA) and British Airways (BA) requested
that the proposed AD be revised to provide dispensation for aircraft to
be retired. VAA specifically asked for dispensation for aircraft to be
retired before 2022, noting that a costly retrofit is a real concern
and a penalty to continued operation of aircraft that are scheduled for
retirement in the coming years.
The FAA disagrees with the commenters' request. As previously
mentioned, the FAA has revised this AD to provide 72 months from the
effective date of this AD for incorporation of the required
modification. This compliance time extends several years beyond the
2022 date requested by VAA, and appears to be beyond the 747-400 fleet
retirement time planned by BA based on media reports. Therefore, the
FAA has determined that special dispensation for aircraft to be retired
is not needed. The FAA has not changed this AD regarding this issue.
Request To Extend Repetitive BITE Check Interval
Boeing, KLM, and Martinair requested that paragraph (h)(1) of the
proposed AD be revised to extend the repetitive check interval for the
BITE checks. Boeing requested that the repetitive interval be extended
to 750 flight hours to match the repetitive intervals specified in
Boeing Service Bulletin 747-28-2340, dated June 6, 2014. KLM and
Martinair requested that the repetitive check interval be extended to
1,000 flight hours to match A-check intervals.
The FAA agrees to extend the repetitive check interval to 750
flight hours to match the repetitive intervals specified in Boeing
Service Bulletin 747-28-2340, dated June 6, 2014. The FAA intended to
propose a 750 flight hour interval, but inadvertently specified 650
flight hour intervals in the proposed AD. The FAA disagrees with
extending the repetitive check interval to 1,000 flight hours because
the 750 flight hours was agreed to during discussion of the risk
assessment and service information for the cargo airplane option with
Boeing. The FAA has revised paragraph (h)(1) of this AD to specify
repetitive intervals of 750 flight hours.
Request To Add an Optional Method of Compliance
Boeing requested that paragraph (h) or (i) of the proposed AD be
revised to add Boeing Service Bulletin 747-28-2344, dated October 12,
2018, as an optional method of compliance. Boeing noted that the
proposed AD does not specify any authority for how to perform the
required modification. Boeing noted that Boeing Service Bulletin 747-
28-2344, dated October 12, 2018, provides a certified design and
procedure for accomplishing the wire separation modification and will
ensure the modification is performed to specified requirements.
[[Page 62987]]
The FAA agrees with the commenter's request. The FAA has revised
paragraph (h)(2) of this AD to specify that Boeing Service Bulletin
747-28-2344, dated October 12, 2018, is an acceptable method of
compliance. This revision includes adding paragraphs (h)(2)(i) and (ii)
of this AD. The FAA has also revised the Estimated Costs for
Alternative Actions table in this final rule to include the estimated
costs for the inspections and wire separation modification specified in
Boeing Service Bulletin 747-28-2344, dated October 12, 2018, if
operators choose to comply using that method.
The FAA notes that this cost estimate is based on data provided in
Boeing Service Bulletin 747-28-2344, dated October 12, 2018, while the
cost estimate provided for a modification using methods approved in
accordance with the procedures specified in paragraph (h)(2)(i) of this
AD (paragraph (h)(2) of the proposed AD) is based on data provided by
the manufacturer for Model 757 and 767 airplanes. The FAA had
previously determined, as specified in the NPRM, that the work involved
for the cargo airplane wire separation modification would take 230
work-hours. Boeing has since provided an updated estimate of 74 work-
hours for the alternative modification for cargo airplanes. The FAA has
revised the cost estimate for the modification accordingly in this
final rule.
Request To Address Unsafe Condition on All Fuel Tanks
NATCA recommended that the FAA require design changes that
eliminate unsafe FQIS failure conditions on all fuel tanks on the
affected models, regardless of fuel tank location or the percentage of
time the fuel tank is flammable. NATCA referred to four fuel tank
explosions in low-flammability exposure time fuel tanks identified by
the FAA during FTFR rulemaking. NATCA stated that neither FRM nor
alternative actions for cargo airplanes (e.g., BITE checks (checks of
built-in test equipment) followed by applicable repairs before further
flight and modification of the center fuel tank FQIS wiring within 60
months) would bring the airplane into full regulatory compliance. NATCA
added that the combination of failures described in the NPRM meets the
criteria for ``known combinations'' of failures that require corrective
action in FAA Policy Memorandum ANM100-2003-112-15.
The FAA disagrees with the commenter's request. The FAA has
determined that according to Policy Memorandum ANM100-2003-112-15, the
failure condition for the airplanes affected by this AD should not be
classified as a ``known combination.'' While the FQIS design
architecture is similar to that of the early Boeing Model 747
configuration that is suspected of contributing to the TWA Flight 800
fuel tank explosion, significant differences exist in the design of
FQIS components and wire installations between the affected The Boeing
Company models and the early Model 747 airplanes such that the intent
of the ``known combinations'' provision for low-flammability fuel tanks
in the policy memorandum is not applicable. Therefore, this AD affects
only the identified Boeing airplanes with high-flammability exposure
time fuel tanks, as specified in paragraph (c) of this AD. The FAA
provided a detailed response to similar comments in the preamble of the
final rule for AD 2016-07-07. The FAA has not changed this final rule
regarding this issue.
Request To Clarify Certification Basis for Modification Requirements
NATCA recommended that the FAA revise paragraph (g) of the proposed
AD to clearly state that the required FQIS design changes must comply
with the fail-safe requirements of 14 CFR 25.901(c), as amended by
amendment 25-46 (43 FR 50597, October 30, 1978); and 14 CFR 25.981(a)
and (b), as amended by amendment 25-102; NATCA added that these
provisions are required by SFAR 88.
The FAA does not agree to change paragraph (g) of this AD. While
the FAA agrees that modifications to comply with paragraph (g) of this
AD should be required to comply with the referenced regulations, that
requirement already exists in 14 CFR part 21. No change to this AD is
necessary.
Request To Require Modification on All Production Airplanes
NATCA recommended that the FAA require designs that comply with 14
CFR 25.901(c) and 25.981(a)(3) on all newly produced transport
airplanes. NATCA stated that continuing to grant exemptions to 14 CFR
25.901(c), as amended by amendment 25-40 (42 FR 15042, March 17, 1977);
and 14 CFR 25.981(a)(3), as amended by amendment 25-102; has allowed
continued production of thousands of airplanes with this known unsafe
condition.
The FAA disagrees with the commenter's request. The recommendation
to require production airplanes to fully comply with 14 CFR 25.901(c)
and 14 CFR 25.981(a)(3) is outside the scope of this rulemaking. This
AD applies only to Model 747-400, 747-400D, and 747-400F series
airplanes, which are no longer in production. In addition, the FAA has
implemented requirements for all large transport airplanes produced
after September 2010 to include flammability reduction methods for
tanks that would otherwise be high-flammability fuel tanks. Boeing
incorporated this change into the Model 747 series airplanes that are
still in production and the FAA has excluded those models from the
applicability of this AD. The FAA has not changed this final rule
regarding this issue.
Request To State That an Exemption Is Required
Boeing requested that paragraph (h) of the proposed AD be revised
to state that an exemption is required to accomplish the specified
actions. Boeing stated that the FAA has identified that the BITE
procedure and wire separation design changes specified in the proposed
AD are not sufficient for compliance to 14 CFR 25.981(a) at the FQIS
level. Boeing stated that an exemption is therefore needed prior to
approval of the related design change.
The FAA agrees to clarify. The BITE check is not a type design
change or alteration, so no exemption from the airworthiness standards
is required for that action. The design data approval of any partial
wire separation modification would require an exemption. That exemption
would be obtained by the party seeking approval of the alteration data,
and no further exemption would be required for the party using that
data to alter an aircraft. Obtaining such an exemption would be part of
the certification process for such a change, so the FAA does not find
it necessary to include such information in paragraph (h) of this AD.
In addition, some parties may choose to comply with the AD using a
design change that fully complies with the airworthiness standards. The
FAA also notes that the commenter appears to misunderstand why an
exemption is needed for the required modification. The exemption is
needed because, even with the modification, the FQIS does not comply
with 14 CFR 25.901(c) and 14 CFR 25.981(a). The exemption does not
authorize evaluation of a partial system for compliance with the system
level requirement. The FAA has not changed this AD regarding this
issue.
Request To Provide Cost-Effective Method of Compliance
Korean Air Lines (KAL), VAA, KLM, and BA requested that the FAA
encourage Boeing to provide a cost-effective method of compliance for
passenger airplanes. KAL noted that the
[[Page 62988]]
proposed AD does not provide a clear means of compliance for the
modification, such as a Boeing service bulletin. KAL and VAA noted that
the majority of non-FAA operators are not required to retrofit the NGS
system. The commenters requested that the FAA encourage Boeing to
develop an acceptable cost-effective method of compliance that does not
require installation of an NGS. KLM and Martinair also noted that EASA
only adopted the FAA operational requirement to equip an FRM on newly
delivered airplanes.
The FAA agrees that the lack of service information for FQIS
modifications makes it difficult to assess the required work to modify
the FQIS, and acknowledges the high cost of NGS. However, the FAA
disagrees with the commenters' request. For passenger-carrying
airplanes, the cost per airplane of providing a modification of the
FQIS that fully complies with the airworthiness standards was estimated
by Boeing and their FQIS vendor (Goodrich) prior to the issuance of the
NPRM to be comparable to the cost of installing NGS. Based on that cost
estimate, Boeing proposed that they not be required to develop a fully
compliant FQIS modification for passenger airplanes because it would
not provide significant savings to operators and NGS would provide a
greater safety benefit. The FAA agreed.
The FAA's understanding is that Boeing's current position is the
same, and that they do not plan to develop a fully compliant FQIS
modification for passenger airplanes to address paragraph (g) of this
AD. However, if service information is developed, approved, and
available in the future, operators may request approval under the
provisions of paragraph (i) of this AD to use approved service
instructions as an AMOC for the requirements of this AD, or the FAA may
approve the service information as a global AMOC for this AD. In
addition, as noted previously, Boeing has issued Service Bulletin 747-
28-2344, dated October 12, 2018, for all-cargo airplanes, and the FAA
has revised paragraph (h)(2)(ii) of this AD to specify that Boeing
Service Bulletin 747-28-2344, dated October 12, 2018, is an acceptable
method of compliance.
Request To Require Design Changes From Manufacturers
NATCA recommended that the FAA follow the agency's compliance and
enforcement policy to require manufacturers to develop the necessary
design changes soon enough to support operators' ability to comply with
the proposed requirements. NATCA noted that SFAR 88 required
manufacturers to develop all design changes for unsafe conditions
identified by their SFAR 88 design reviews by December 2002, or within
an additional 18 months if the FAA granted an extension.
The FAA acknowledges the commenter's concerns. However, any
enforcement action is outside the scope of this rulemaking. The FAA has
not changed this final rule regarding this issue.
Clarification of BITE Check Compliance Time
The FAA has revised paragraph (h)(1) of this AD to clarify the
compliance time for the BITE check relative to the requirement to
record the fault codes. The FAA recognized that operators might
interpret the proposed requirements for alternative actions for cargo
airplanes as allowing additional flights prior to performing the BITE
check after first recording the fault codes. The FAA intended for
operators to perform the BITE check immediately after recording the
fault codes to address both the fault codes that exist prior to
performing the BITE check and any new codes that are identified during
the BITE check.
Clarification of Applicability
The FAA has revised paragraph (c) of this AD to clarify that
airplanes equipped with an ignition mitigation means (IMM) approved by
the FAA as compliant with certain regulations are excluded from this
AD. This revision includes adding paragraphs (c)(1) and (2) of this AD.
The FAA intended for airplanes with compliant IMM to be excluded from
the actions required by this AD. The FAA has determined that the
installation of an approved IMM provides a level of risk reduction at
least as great as that provided by FRM and adequately addresses the
unsafe condition.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Service Bulletin 747-28-2340, dated June 6,
2014. This service information describes procedures for a BITE check
(check of built-in test equipment) of the FQIS.
The FAA also reviewed Boeing Service Bulletin 747-28-2344, dated
October 12, 2018. This service information describes procedures for a
general visual inspection for any damage to the FQIS wire bundle,
repair of damaged FQIS wire bundles, and modification of the airplane
by separating FQIS wiring that runs between the FQIS processor and the
center tank wing spar penetrations from other airplane wiring.
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
The FAA estimates that this AD affects 71 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Modification....................... 1,200 work-hours x $85 per $200,000 $302,000 $21,442,000
hour = $102,000.
----------------------------------------------------------------------------------------------------------------
[[Page 62989]]
Estimated Costs for Alternative Actions
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
BITE check............................ 1 work-hours x $85 per hour = $0 $340 per year (4 checks
$85 per check. per year).
Inspection and wire separation (using Up to 41 work-hours x $85 per 4,220 Up to $8,065.
service information). hour = Up to $3,845.
Wire separation....................... 74 work hours x $85 per hour = 10,000 $16,290.
$6,290.
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data that would enable us to
provide cost estimates for the on-condition actions specified in this
AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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):
2020-18-02 The Boeing Company: Amendment 39-21223; Docket No. FAA-
2016-6145; Product Identifier 2015-NM-056-AD.
(a) Effective Date
This AD is effective November 10, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 747-400, -400D, and
-400F series airplanes, certificated in any category, excluding the
airplanes identified in paragraphs (c)(1) and (2) of this AD.
(1) Airplanes equipped with a flammability reduction means (FRM)
approved by the FAA as compliant with the fuel tank flammability
reduction (FTFR) requirements of 14 CFR 25.981(b) or 26.33(c)(1).
(2) Airplanes equipped with an ignition mitigation means (IMM)
approved by the FAA as compliant with the FTFR requirements of 14
CFR 25.981(c) or 26.33(c)(2).
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by the FAA's analysis of the Model 747 fuel
system reviews conducted by the manufacturer. The FAA is 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 72 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 (2) of this AD. To
exercise this alternative, 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
alternative 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 before
further flight thereafter do a BITE check (check of built-in test
equipment) of the FQIS, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 747-28-2340, dated June 6,
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 the Accomplishment Instructions of Boeing Service
Bulletin 747-28-2340, dated June 6, 2014. Repeat these actions
thereafter at intervals not to exceed 750 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 72 months after the effective date of this AD, do the
actions specified in paragraph (h)(2)(i) or (ii) of this AD.
(i) 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.
(ii) Do a general visual inspection for any damage to the FQIS
wire bundle and all
[[Page 62990]]
applicable repairs; and 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; in accordance with the Accomplishment Instructions of Boeing
Service Bulletin 747-28-2344, dated October 12, 2018. Do all
applicable repairs before further flight.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle ACO Branch, 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 certification office, send it to the attention of the
person identified in paragraph (j)(1) of this AD. Information may be
emailed to: [email protected].
(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 Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, 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 (ii) of this AD 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. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. 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
(1) For more information about this AD, contact Jon Regimbal,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3557; email: [email protected].
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Service Bulletin 747-28-2340, dated June 6, 2014.
(ii) Boeing Service Bulletin 747-28-2344, dated October 12,
2018.
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110 SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on August 19, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-21996 Filed 10-5-20; 8:45 am]
BILLING CODE 4910-13-P