[Federal Register: August 6, 2004 (Volume 69, Number 151)]
[Proposed Rules]               
[Page 47802-47804]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au04-16]                         

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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[[Page 47802]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18784; Directorate Identifier 2004-NM-59-AD]
RIN 2120-AA64

 
Airworthiness Directives; Boeing Model 747-400, -400D, -400F; 
767-200, -300, -300F; and 777-200 and -300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Boeing Model 747-400, -400D, -400F; 767-200, -300, -300F; 
and 777-200 and -300 series airplanes. This proposed AD would require 
installing a jumper wire between the wiring of the fire extinguisher 
switch and the fuel shutoff switch for each engine, and other specified 
actions. This proposed AD is prompted by a certain combination of 
conditions, which could cause the fuel spar shutoff valves to remain 
partially open. We are proposing this AD to prevent a latent open 
circuit that could leave the fuel spar shutoff valve in a partially 
open position when the engine fire switch is activated, which could 
result in fuel from the engine feeding an uncontrolled fire in the 
engine or the strut.

DATES: We must receive comments on this proposed AD by September 20, 
2004.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 

the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov
 and follow the instructions for sending your 

comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or at the Docket Management Facility, U.S. 

Department of Transportation, 400 Seventh Street, SW., room PL-401, on 
the plaza level of the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Bernie Gonzalez, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Transport Airplane Directorate, 
Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 917-6498; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-18784; 
Directorate Identifier 2004-NM-59-AD'' in the subject line of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will 

also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.Examining
 the Docket


    You can examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office 

between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    We have received a report indicating that a certain combination of 
conditions could cause the fuel spar shutoff valves to remain partially 
open, potentially contributing to a fire fed by engine fuel at the 
engine or strut. The engine fire procedure requires the pilot to set 
the engine fuel control switch to the cutoff position and then activate 
the engine fire switch. These actions transfer power required to close 
the fuel spar shutoff valves between the wires connecting the fuel 
control switch and the engine fire switch. During an engine fire, the 
wire connected to the engine fire switch

[[Page 47803]]

could have a latent open circuit that could leave the fuel spar shutoff 
valve in a partially open position when the engine fire switch is 
activated. This condition, if not corrected, could result in fuel from 
the engine feeding an uncontrolled fire in the engine or the strut.

Relevant Service Information

    We have reviewed the following Boeing Special Attention Service 
Bulletins, which describe procedures for installing a jumper wire 
between the wiring of the fire extinguisher switch and the fuel shutoff 
switch for each engine, and other specified actions:
     747-28-2238 (for Model 747-400, -400D, and -400F series 
airplanes), dated October 18, 2001.
     767-28-0066 (for Model 767-200, -300, and -300F series 
airplanes), Revision 1, dated May 29, 2003.
     777-28-0025 (for Model 777-200 and -300 series airplanes), 
dated January 10, 2002.
    The other specified actions include testing the electrical 
connections after installing the jumper wires, and operational testing 
of the fuel spar shutoff valves.
    Accomplishing the actions specified in the service information is 
intended to adequately address the identified unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other airplanes 
of this same type design. Therefore, we are proposing this AD, which 
would require installing a jumper wire between the wiring of the fire 
extinguisher switch and the fuel shutoff switch for each engine, and 
other specified actions. The proposed AD would require you to use the 
service information described previously to perform these actions, 
except as discussed under ``Differences Between the Proposed AD and 
Service Information.''

Differences Between the Proposed AD and Service Information

    The service bulletins do not include a compliance time for 
installing the jumper wire; however, the manufacturer recommends a 
compliance time of 60 months, with which we concur. Paragraph (f) of 
this proposed AD requires installing the jumper wire within 60 months 
after the effective date of the AD.

Costs of Compliance

    This proposed AD would affect about 1,882 airplanes worldwide. We 
estimate that 579 airplanes of U.S. registry would be affected by this 
proposed AD. The following table provides the estimated costs for U.S. 
operators to comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                  Average  labor                     Cost per
               Action model series                  Work  hours    rate per hour       Parts         airplane
----------------------------------------------------------------------------------------------------------------
Installation

747-400, -400D, -400F...........................               4             $65          $1,450          $1,710
Test

747-400, -400D, -400F...........................               2              65            None             130
Installation

767-200, -300, -300F............................               4              65             500             760
Test

767-200, -300, -300F............................               2              65            None             130
Installation

777-200, -300...................................               4              65             220             480
Test

777-200, -300...................................               2              65            None             130
----------------------------------------------------------------------------------------------------------------

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Boeing: Docket No. FAA-2004-18784; Directorate Identifier 2004-NM-
59-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this AD action by September 20, 2004.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747-400, -400D, and -400F 
series airplanes, line numbers 1 through 1276 inclusive; 767-200, -
300, and -300F series airplanes, line numbers 1 through 850 
inclusive; and 777-200 and -300 series airplanes, line numbers

[[Page 47804]]

1 through 360 inclusive; certificated in any category.

Unsafe Condition

    (d) This AD was prompted by a certain combination of conditions, 
which could cause the fuel spar shutoff valves to remain partially 
open. We are issuing this AD to prevent a latent open circuit that 
could leave the fuel spar shutoff valve in a partially open position 
when the engine fire switch is activated, which could result in fuel 
from the engine feeding an uncontrolled fire in the engine or the 
strut.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Installation of Jumper Wire

    (f) Within 60 months after the effective date of this AD: 
Install a jumper wire between the wiring of the fire extinguisher 
switch and the fuel shutoff switch for each engine, and do all other 
specified actions in the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 747-28-2238 (for Model 747-400, -
400D, and -400F series airplanes), dated October 18, 2001; 767-28-
0066 (for Model 767-200, -300, and -300F series airplanes), Revision 
1, dated May 29, 2003; or 777-28-0025 (for Model 777-200 and -300 
series airplanes), dated January 10, 2002; as applicable.

Credit for Actions Accomplished Previously

    (g) Accomplishment of the actions required by paragraph (f) 
before the effective date of this AD, in accordance with Boeing 
Special Attention Service Bulletin 747-28-2238, dated October 18, 
2001; 767-28-0066, Revision 1, dated May 29, 2003; or 777-28-0025, 
dated January 10, 2002; as applicable; is considered acceptable for 
compliance with the corresponding action of paragraph (f) of this 
AD.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

    Issued in Renton, Washington, on July 30, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-17985 Filed 8-5-04; 8:45 am]

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