[Federal Register: May 19, 2005 (Volume 70, Number 96)]
[Rules and Regulations]
[Page 28793-28795]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19my05-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19998; Directorate Identifier 2004-NM-224-AD;
Amendment 39-14097; AD 2005-10-20]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 777-200 Series 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 Model 777-200 series airplanes. This AD requires
replacing the pressure switches on the override/jettison fuel pumps
with new pressure switches, and replacing the ship side electrical
connectors for the pressure switches on override/jettison fuel pumps
with new connectors. This AD is prompted by reports that the ``FUEL LOW
CENTER'' message does not activate when the fuel level in the center
tank is low. We are issuing this AD to prevent the fuel pumps in the
center fuel tank from running dry and becoming a potential ignition
source, which could result in a fuel tank explosion.
DATES: This AD becomes effective June 23, 2005.
The incorporation by reference of a certain publication listed in
the AD is approved by the Director of the Federal Register as of June
23, 2005.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
Docket: 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-2004-19998; the directorate
identifier for this docket is 2004-NM-224-AD.
FOR FURTHER INFORMATION CONTACT: Margaret Langsted, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone
(425) 917-6500; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39
with an AD for certain Boeing Model 777-200 series airplanes. That
action, published in the Federal Register on January 5, 2005 (70 FR
735), proposed to require replacing the pressure switches on the
override/jettison fuel pumps with new pressure switches, and replacing
the ship side electrical connectors for the pressure switches on
override/jettison fuel pumps with new connectors.
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. One commenter concurs with the contents
of the proposed AD.
Request To Clarify Applicability
One commenter states that there is a concern for possible
misinterpretation of the applicability specified in the Summary and
Applicability sections of the proposed AD. The commenter adds that the
referenced service bulletin specifically identifies the affected
airplanes, and it is only applicable to Boeing Model 777-200 series
airplanes equipped with no center wing tank, and is not applicable to
Boeing Model 777-200ER series airplanes. The commenter recommends
clarification that Model 777-200ER series airplanes are not affected be
added to the proposed AD.
We acknowledge the commenter's concern and offer clarification. The
proposed AD is applicable to Boeing Model 777-200 series airplanes,
certificated in any category; as identified in Boeing Special Attention
Service Bulletin 777-28-0036, dated September 2, 2004. There are two
center wing tank configurations certificated on the Model 777-200
series airplane; the referenced service bulletin identifies the
airplanes that have the smaller tank configuration. The other Model
777-200 series airplanes, informally referred to by Boeing as Model
777-200ER airplanes, have a larger center wing tank and a different
pump inlet configuration. Therefore, Model 777-200ER airplanes are not
subject to the identified unsafe condition. We have not changed the
final rule in this regard.
Request To Change the Costs of Compliance Section/Compliance Time
One commenter asks that the work hours shown in the estimated costs
table in the proposed AD be reconsidered. The commenter estimates 5.5
work
[[Page 28794]]
hours are necessary to perform the modification alone, without taking
into account the time for access and close up. The commenter adds that
it is unlikely that this modification can be scheduled on an overnight
maintenance check, and would most likely be accomplished during
maintenance base visits. In light of the above, the commenter notes
that the 24-month compliance time allows little flexibility to
negotiate unforeseen scheduling problems. The commenter states that any
deadline requirement that is less than 24 months will require special
maintenance visits beyond the current schedule to accomplish the
modification.
We do not agree that it is necessary to change the work hours in
this AD, which reflect only the direct costs of the specific required
actions based on the best data available from the manufacturer. We
recognize that operators may incur incidental costs (such as the time
for planning and associated administrative actions) in addition to the
direct costs. The cost analysis in ADs, however, typically does not
include incidental costs. The 24-month compliance time in this AD
should allow ample time for the majority of affected operators to do
the required actions at the same time as scheduled major airplane
inspection and maintenance activities, which would reduce the
additional time and costs associated with special scheduling. We note
that the 24-month compliance time is consistent with the compliance
time specified in the referenced service bulletin. We have not changed
the final rule in this regard.
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 as proposed.
Costs of Compliance
There are about 61 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD.
Estimated Costs
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Number of
Average Cost per U.S.-
Action Work hours labor rate Parts airplane registered Fleet cost
per hour airplanes
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Replacement................. 3 $65 $13,430 $13,625 21 $286,125
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We 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
(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):
2005-10-20 Boeing: Amendment 39-14097. Docket No. FAA-2004-19998;
Directorate Identifier 2004-NM-224-AD.
Effective Date
(a) This AD becomes effective June 23, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 777-200 series airplanes,
certificated in any category; as identified in Boeing Special
Attention Service Bulletin 777-28-0036, dated September 2, 2004.
Unsafe Condition
(d) This AD was prompted by reports that the ``FUEL LOW CENTER''
message does not activate when the fuel level in the center tank is
low. We are issuing this AD to prevent the fuel pumps in the center
fuel tank from running dry and becoming a potential ignition source,
which could result in a fuel tank explosion.
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.
Replacement
(f) Within 24 months after the effective date of this AD,
replace the pressure switches on the override/jettison fuel pumps
with new pressure switches, and replace the ship side electrical
connectors for the pressure switches on the override/jettison fuel
pumps with new connectors, in accordance with the Accomplishment
Instructions of Boeing
[[Page 28795]]
Special Attention Service Bulletin 777-28-0036, dated September 2,
2004.
Alternative Methods of Compliance (AMOCs)
(g) The Manager, Seattle Aircraft Certification Office, FAA, has
the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
Material Incorporated by Reference
(h) You must use Boeing Special Attention Service Bulletin 777-
28-0036, dated September 2, 2004, 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
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
To get copies of the service information, contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. To view
the AD docket, go to the Docket Management Facility, U.S. Department
of Transportation, 400 Seventh Street SW., room PL-401, Nassif
Building, Washington, DC. To review copies of the service
information, go to the National Archives and Records Administration
(NARA).
For information on the availability of this material at the
NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Issued in Renton, Washington, on May 9, 2005.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-9873 Filed 5-18-05; 8:45 am]
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