[Federal Register: February 16, 2005 (Volume 70, Number 31)]
[Rules and Regulations]
[Page 7841-7845]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16fe05-3]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-18759; Directorate Identifier 2003-NM-280-AD;
Amendment 39-13973; AD 2005-04-01]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 707-100, -100B, -300, -
300B (Including -320B Variant), -300C, and -E3A (Military) Series
Airplanes; Model 720 and 720B Series Airplanes; Model 737-100, -200, -
200C, -300, -400, and -500 Series Airplanes; and Model 747 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Boeing transport category airplanes. This AD requires
repetitive tests of the overwing fuel fill ports for certain wing
tanks; an electrical bonding resistance test between the bulkhead
fittings of the engine fuel feed tube and the front spar inside the
fuel tank of the wings; other specified actions; and applicable
corrective actions if necessary. This AD is prompted by our
determination that this AD is necessary to reduce the potential for
ignition sources inside fuel tanks. We are issuing this AD to prevent
arcing or sparking at the interface between the bulkhead fittings of
the engine fuel feed tube and the front spar inside the fuel tank of
the wings and between the overwing fuel fill ports and the airplane
structure during a lightning strike. Such arcing or sparking could
provide a possible ignition source for the fuel vapor inside the fuel
tank and cause consequent fuel tank explosions.
DATES: This AD becomes effective March 23, 2005.
The incorporation by reference of certain publications listed in
the AD is approved by the Director of the Federal Register as of March
23, 2005.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207. You can examine this information at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Docket: The AD docket contains the proposed AD, comments, and any
final disposition. 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 U.S.
Department of Transportation, 400 Seventh Street SW., room PL-401,
Washington, DC. This docket number is FAA-2004-18759; the directorate
identifier for this docket is 2003-NM-280-AD.
FOR FURTHER INFORMATION CONTACT:
Technical information: Sulmo Mariano, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone
(425) 917-6501; fax (425) 917-6590.
Plain language information: Marcia Walters, marcia.walters@faa.gov.
SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39
with an AD for certain Boeing Model 707-100, -100B, -300, -300B
(including -320B variant), -300C, and -E3A (military) series airplanes;
Model 720 and 720B series airplanes; Model 737-100, -200, -200C, -300,
-400, and -500 series airplanes; and Model 747 airplanes. That action,
published in the Federal Register on August 4, 2004 (69 FR 47031),
proposed to require
[[Page 7842]]
repetitive tests of the overwing fuel fill ports for certain wing
tanks; an electrical bonding resistance test between the bulkhead
fittings of the engine fuel feed tube and the front spar inside the
fuel tank of the wings; other specified actions; and applicable
corrective actions if necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
submitted on the proposed AD.
Support for Proposed AD
Several commenters support the intent of the proposed AD.
Request To Remove Certain Airplane Models
One commenter has no objection to doing the one-time electrical
bonding resistance test in paragraph (h) of the proposed AD within the
proposed 5-year compliance time. However, the commenter believes there
is little or no data to substantiate that the identified unsafe
condition exists on Model 737-100, -200, -200C, -300, -400, and -500
series airplanes, other than similar design. The commenter states that
the notice of proposed rulemaking (NPRM) is driven by testing done in
accordance with SFAR 88 requirements, and according to the NPRM, one
Model 747 series airplane was used for the basis of the NPRM. In
addition, the commenter states that there is no data to validate
testing requirements, since no root-cause has been differentiated
between installation problems during manufacture, bonding breakdown, or
in-service degradation.
From this comment, we infer that the commenter is requesting that
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes be
removed from the applicability of this AD. We do not agree. The
commenter is correct that a lightning test on a 747 wing fuel tank
penetration showed a higher than expected electrical current in the
fuel feed tubes inside the fuel tank, and that no tests were conducted
on a 737 wing fuel tank penetration. However, the design of the wing
fuel tank is identical to that of some Model 707 series airplanes and
all Model 737-100, -200, -200C, -300, -400, and -500 series airplanes.
Therefore, all these airplanes are subject to the identified unsafe
condition. We do not find it necessary to change the final rule in this
regard.
Requests To Extend Compliance Time
Several commenters request that the proposed AD be revised to
extend the 5-year compliance time specified in paragraph (h) of the
proposed AD. One commenter suggests extending the compliance time to 8
years. Three commenters suggest extending the compliance time to 6
years. One commenter notes that there have not been any reported cases
of arcing occurring at the interface between the bulkhead fittings of
the engine fuel feed tube and the front spar inside the fuel tank of
the wings and between the overwing fuel fill ports and the airplane
structure on any of the affected fleet. The same commenter also notes
that some of the fleets have been in service over 30 years. Given those
facts, that commenter believes an equivalent level of safety can be
maintained over the 6-year compliance time. The commenters contend that
extending the compliance time will allow affected operators to do the
required test during a regularly scheduled maintenance interval while
adoption of the proposed compliance time of within 5 years would
require operators to schedule special times to do the test, at
additional expense.
We do not agree with the request to extend the compliance time
specified in paragraph (h) of the final rule. The commenters provide no
technical justification for revising the compliance time. The
manufacturer has done a risk assessment analysis related to lightning
strikes on the Model 707, 737, and 747 fleets and determined that an
acceptable level of safety would be provided by a compliance time of
five years for accomplishing the actions in the service bulletins
(specified as the appropriate source of service information for the
final rule). We agree with the manufacturer's assessment. We have
determined that the initial compliance time of within five years after
the effective date of the AD, as specified in paragraph (h) of the
final rule, is appropriate. We do not find it necessary to change the
final rule in this regard. However, if anyone wishes to provide
technical justification, they may request an approval of an alternative
method of compliance (AMOC) from us, in accordance with paragraph (k)
of the final rule.
Requests To Allow Operator Equivalent Procedures for Draining and
Access to the Fuel Tanks
Two commenters request that operator equivalent procedures (OEP) be
allowed for draining and gaining access to the fuel tanks. One
commenter states that it has established procedures for draining and
accessing the fuel tank in accordance with 29 Code of Federal
Regulations (CFR) part 1910.146, ``Permit Required Confined Space
Entry,'' and has maintained personnel proficiency by using these
procedures.
We agree that OEPs may be allowed for draining and gaining access
to the fuel tanks provided those procedures are FAA-accepted
procedures. The use of OEPs for draining and gaining access to the fuel
tank does not directly affect the means of correcting the unsafe
condition. The use of OEPs may also reduce the costs of implementing
the AD. Therefore, we have added a new paragraph (j) to the final rule
stating: ``Operators may use their own FAA-accepted equivalent
procedures for draining the fuel tanks and gaining access to the fuel
tanks.'' We also revised paragraphs (h) and (i) of the final rule by
adding ``except as provided by paragraph (j) of this AD'' and we
revised the paragraph numbering following paragraph (j) of the final
rule.
Request To Remove Identification of Rear Spar With Service Bulletin
Number
One commenter requests to remove the requirement to identify the
forward surface of the front spar with the service bulletin number or
equivalent as specified in Figures 1 and 2, step 18, of Boeing Alert
Service Bulletin 737-28A1174 (cited as an appropriate source of service
information in the NPRM). The commenter believes there is no real
benefit to this action and that it creates additional exterior markings
that must be maintained. The commenter contends that tracking
accomplishment of the service bulletin via aircraft records should be
sufficient.
We agree with the request to remove the requirement to identify the
front spar with the service bulletin number or equivalent. We have
determined that it is not necessary to identify the front spar in order
to show compliance with this AD, because operators are required to
record compliance with ADs in their airplane records. Therefore, we
have added a new paragraph (k) in the final rule to explain this
difference from the service bulletin.
Requests To Allow Equivalent Consumable Parts
Two commenters request to revise the proposed AD to allow operators
to use equivalent consumable parts instead of the parts specified in
Boeing Alert Service Bulletin 737-28A1174. The commenters believe that
this provision would reduce the number of AMOC requests.
We do not agree with the requests to allow the use of equivalent
consumable parts. No technical justification was provided nor any
specifics of what these ``equivalent consumable parts'' are. We
[[Page 7843]]
do not find it necessary to change the final rule in this regard.
However, if anyone wishes to provide technical justification, they may
request an approval of an AMOC from us, in accordance with paragraph
(k) of the final rule.
Requests To Ensure That Parts are Available
Two commenters requests that we ensure that required parts are
available within the 5-year compliance time. No justification was
provided.
We do not agree. Most parts for doing the required actions are
standard materials, like emery paper, coatings, paints, sealant, etc.
The airplane maintenance facilities should have a ready supply of those
materials. We have determined that the lead time for obtaining the
required parts will not exceed the 5-year compliance time, and that
operators should have enough time to coordinate the purchasing of any
part or material not on the shelves when they schedule the work
associated with the requirements of this AD. Therefore, we do not find
it necessary to change the final rule in this regard.
Clarification of Affected Models
Boeing Alert Service Bulletin A3505, dated November 1, 2001,
affects, among other airplane models, Model ``707-320B'' series
airplanes, which are a variant of Model 707-300B series airplanes. This
service bulletin does not affect other Model 707-300B series airplanes.
Whereas, Boeing Service Bulletin 3513, dated November 6, 2003, affects,
among other airplane models, Model ``707-300B'' series airplanes,
including Model 707-320B variant. For clarification purposes, we have
revised the final rule to refer to both models as Model ``707-300B (-
320 variant)'' or ``707-300B (including -320 variant),'' as applicable.
Clarification of Cost Impact
We have revised the Cost Impact section of the final rule by adding
the applicable service bulletin for the listed airplane models.
Conclusion
We have carefully reviewed the available data, including the
comments that have been submitted, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD will affect about 4,303 airplanes worldwide. The average
labor rate per hour is $65. The following table provides the estimated
costs for U.S. operators to comply with this AD.
Estimated Costs
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Number of U.S.-
airplane
For model-- Work hours Cost per airplane registered Fleet cost
airplanes
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707-E3A (military), -100, -100B, - 16................. $1,040............. 41 $42,640.
300, -300B (-320B variant), and -
300C series airplanes; and 720
series airplanes; as listed in
Boeing Alert Service Bulletin
A3505, dated November 1, 2001.
707-100, -100B, -300, -300B Between 4 and 6.... Between $260 and 73 Between $18,980 and
(incluidng -320 variant), and - $390. $28,470.
300C series airplanes; and 720
and 720B series airplanes; as
listed in Boeing Service
Bulletin 3513, dated November 6,
2003.
737-100, -200, -200C, -300, -400, 8.................. $520............... 1,095 $569,400.
and -500 series airplanes; as
listed in Boeing Service
Bulletin 737-28A1174, Revision
1, dated July 18, 2002.
747-100, -100B, -100B SUD, -200B, 70................. $4,550............. 257 $1,169,350.
-200C, -200F, -300, -400, -400D,
and -400F series airplanes; and
747SP and 747SR series
airplanes; as listed in Boeing
Alert Service Bulletin 747-
28A2239, Revision 1, dated
October 17, 2002.
747-400 and -400F series 18................. $1,170............. 1 $1,170.
airplanes, as listed in Boeing
Alert Service Bulletin 747-
28A2245, Revision 1, dated
August 21, 2003.
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Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, the FAA is charged 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 AD.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
[[Page 7844]]
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD. See the ADDRESSES section for a location to
examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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):
2005-04-01 Boeing: Amendment 39-13973. Docket No. FAA-2004-18759;
Directorate Identifier 2003-NM-280-AD.
Effective Date
(a) This AD becomes effective March 23, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes listed in Table 1 of this
AD, certificated in any category.
Table 1.--Applicability
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Model-- As listed in--
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(1) 707-E3A (military), -100, -100B, -300, Boeing Alert Service
-300B (-320B variant), and -300C series Bulletin A3505, dated
airplanes; and 720 series airplanes. November 1, 2001.
(2) 707-100, -100B, -300, -300B (including Boeing Service Bulletin
-320B variant), and -300C series 3513, dated November 6,
airplanes; and 720 and 720B series 2003.
airplanes.
(3) 737-100, -200, -200C, -300, -400, and - Boeing Service Bulletin 737-
500 series airplanes. 28A1174, Revision 1, dated
July 18, 2002.
(4) 747-100, -100B, -100B SUD, -200B, - Boeing Alert Service
200C, -200F, -300, -400, -400D, and -400F Bulletin 747-28A2239,
series airplanes; and 747SP and 747SR Revision 1, dated October
series airplanes. 17, 2002.
(5) 747-400 and -400F series airplanes.... Boeing Alert Service
Bulletin 747-28A2245,
Revision 1, dated August
21, 2003.
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Unsafe Condition
(d) This AD was prompted by our determination that this AD is
necessary to reduce the potential for ignition sources inside fuel
tanks. We are issuing this AD to prevent arcing or sparking at the
interface between the bulkhead fittings of the engine fuel feed tube
and the front spar inside the fuel tank of the wings and between the
overwing fuel fill ports and the airplane structure during a
lightning strike. Such arcing or sparking could provide a possible
ignition source for the fuel vapor inside the fuel tank and cause
consequent fuel tank explosions.
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.
Service Bulletins
(f) The term ``service bulletin,'' as used in this AD, means the
Work Instructions of the applicable service bulletins specified in
the ``As Listed In'' column of Table 1 of this AD.
(g) Actions specified in paragraphs (h) through (i) of this AD
that were done before the effective date of this AD in accordance
with the applicable service information listed in Table 2 of this AD
are acceptable for compliance with the applicable requirements of
this AD.
Table 2.--Acceptable Original Issues of Service Bulletins
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Boeing Alert Service
For model-- Bulletin--
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(1) 737-100, -200, -200C, -300, -400, and - 737-28A1174, dated December
500 series airplanes. 20, 2001.
(2) 747-100, -100B, -100B SUD, -200B, - 747-28A2239, dated November
200C, -200F, -300, -400, -400D, and -400F 29, 2001.
series airplanes; and 747SP and 747SR
series airplanes.
(3) 747-400 and -400F series airplanes.... 747-28A2245, dated November
26, 2002.
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Resistance Test, Other Specified Actions, and Corrective Actions
(h) For the airplanes identified in paragraphs (h)(1) through
(h)(4) of this AD: Within 5 years after the effective date of this
AD, do an electrical bonding resistance test between the bulkhead
fittings of the engine fuel feed tube and the front spar inside the
fuel tank of the wings to determine the resistance, and do other
specified actions and applicable corrective actions, by
accomplishing all the actions specified in paragraph 3.B. of the
applicable service bulletin. Do the actions in accordance with the
service bulletin, except as provided by paragraphs (j) and (k) of
this AD. Do the applicable corrective actions before further flight.
(1) Model 707-E3A (military), -100, -100B, -300, -300B (-320B
variant), and -300C series airplanes; and Model 720 series
airplanes.
(2) Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes.
(3) Model 747-100, -100B, -100B SUD, -200B, -200C, -200F, -300,
-400, -400D, and -400F series airplanes; and Model 747SP and 747SR
series airplanes.
(4) Model 747-400 and -400F series airplanes.
(i) For Model 707-100, -100B, -300, -300B (including -320B
variant), and -300C series airplanes; and Model 720 and 720B series
airplanes: Within 5 years after the effective date of this AD, do an
electrical bonding resistance test of the over-wing fuel fill ports
for the wing tanks No. 1 and No. 4 and the center wing tank to
determine the resistance, and do applicable corrective actions, by
accomplishing all the actions specified in paragraph 3.B. of the
applicable service bulletin. Do the actions in accordance with the
service bulletin, except as provided by paragraphs (j) and (k) of
this AD. Do the applicable corrective actions before further flight.
Repeat the electrical bonding resistance test thereafter at
intervals not to exceed 14,000 flight hours.
FAA-Accepted Equivalent Procedures
(j) Operators may use their own FAA-accepted equivalent
procedures for draining the fuel tanks and gaining access to the
fuel tanks.
No Identification of Front Spar
(k) Although the service bulletin referenced in this AD
specifies to identify the front spar on the visible forward surface
with the service bulletin number or equivalent, this AD does not
include that requirement.
[[Page 7845]]
Alternative Methods of Compliance (AMOCs)
(l) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
Material Incorporated by Reference
(m) You must use the service information that is specified in
Table 3 of this AD to perform the actions that are required by this
AD, unless the AD specifies otherwise. The Director of the Federal
Register approves the incorporation by reference of those documents
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For copies of
the service information, contact Boeing Commercial Airplanes, P.O.
Box 3707, Seattle, Washington 98124-2207. For information on the
availability of this material at the National Archives and Records
Administration (NARA), call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
You may view the AD docket at the Docket
Management Facility, U.S. Department of Transportation, 400 Seventh
Street SW., room PL-401, Nassif Building, Washington, DC.
Table 3.--Material Incorporated by Reference
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Boeing-- Revision level Date
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(1) Alert Service Bulletin A3505... Original................................ November 1, 2001.
(2) Service Bulletin 3513.......... Original................................ November 6, 2003.
(3) Service Bulletin 737-28A1174... Revision 1.............................. July 18, 2002.
(4) Alert Service Bulletin 747- Revision 1.............................. October 17, 2002.
28A2239.
(5) Alert Service Bulletin 747- Revision 1.............................. August 21, 2003.
28A2245.
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Issued in Renton, Washington, on January 26, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-2831 Filed 2-15-05; 8:45 am]
BILLING CODE 4910-13-P