FR Doc E7-17830

[Federal Register: September 11, 2007 (Volume 72, Number 175)]
[Proposed Rules]
[Page 51725-51728]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se07-14]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29173; Directorate Identifier 2006-NM-283-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Boeing Model 767 airplanes. This proposed AD would require
installing an automatic shutoff system for the auxiliary fuel tank
pump, revising the airplane flight manual (AFM) to advise the flight
crew of certain operating restrictions for airplanes equipped with an
automatic auxiliary fuel tank pump shutoff control, revising the
Airworthiness Limitations (AWLs) section of certain maintenance
documents to include new inspections of the automatic shutoff system
for the auxiliary fuel tank boost pumps, and, for certain airplanes,
installing a placard to alert the flight crew of certain fuel usage
restrictions. This proposed AD results from a design review of the fuel
tank systems. We are proposing this AD to prevent an overheat condition
outside the pump explosion-resistance area that is open to the pump
inlet, which could cause an ignition source for the fuel vapors in the
fuel tank and result in fuel tank explosions and consequent loss of the
airplane.

DATES: We must receive comments on this proposed AD by October 26,
2007.

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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room W12-140 on the ground floor of the
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for the service information identified in this
proposed AD.

FOR FURTHER INFORMATION CONTACT: Judy Coyle, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6497; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed in the ADDRESSES section. Include the docket number ``FAA-2007-
29173; Directorate Identifier 2006-NM-283-AD'' at the beginning 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 received 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 may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.

Examining the Docket

You may examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Operations office between 9

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

Discussion

The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and

[[Page 51726]]

maintenance procedures if their designs do not meet the new fuel tank
safety standards. As explained in the preamble to the rule, we intended
to adopt airworthiness directives to mandate any changes found
necessary to address unsafe conditions identified as a result of these
reviews.
In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: Single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
Initial results from the SFAR 88 analysis show that fuel pumps that
run dry could cause an overheat condition outside the pump explosion-
resistance area that is open to the pump inlet, which could cause an
ignition source for the fuel vapors in the fuel tank.
We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.

Relevant Service Information

We have reviewed Boeing Alert Service Bulletins 767-28A0083 and
767-28A0084, both Revision 1, dated April 26, 2007. The service
bulletins describe procedures for installing an automatic shutoff
system for the auxiliary fuel tank pump. The actions involve installing
new relay brackets and relays in the P36 and P37 panels, and, for
certain airplanes, in the P33 panels; changing the wiring in the
panels; and installing wiring between the panels.
We have also reviewed Section 9, ``Airworthiness Limitations (AWLs)
and Certification Maintenance Requirements (CMRs),'' of Boeing 767
Maintenance Planning Data (MPD) Document D622T001-9, Revision March
2006. That revision adds new fuel system Airworthiness Limitations
Instruction (ALI) 28-AWL-20 to Subsection G, ``AIRWORTHINESS
LIMITATIONS--FUEL SYSTEM AWLs, of Section 9, which includes periodic
inspections of the automatic shutoff system for the auxiliary tank fuel
boost pumps to detect latent failures that could contribute to an
ignition source. That revision also adds critical design configuration
control limitation (CDCCL) 28-AWL-19, which includes a post-maintenance
inspection of certain wiring in the fuel quantity indicating system.
CDCCLs are limitation requirements to preserve a critical ignition
source prevention feature of the fuel tank system design that is
necessary to prevent the occurrence of an unsafe condition. The purpose
of a CDCCL is to provide instruction to retain the critical ignition
source prevention feature during configuration change that may be
caused by alterations, repairs, or maintenance actions. A CDCCL is not
a periodic inspection.
Accomplishing the actions specified in the service information is
intended to adequately address the 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. For this reason, we are proposing this AD,
which would require accomplishing the actions specified in the service
information described previously. For certain airplanes, this proposed
AD would also require installing a placard to alert the flight crew of
certain fuel usage restrictions imposed by AD 2001-15-08. This proposed
AD would also allow accomplishing the AWL revision in accordance with
later revisions of the MPD as an acceptable method of compliance if
they are approved by the Manager, Seattle Aircraft Certification Office
(ACO), FAA.

Costs of Compliance

There are about 941 airplanes of the affected design in the
worldwide fleet; of these, 414 are U.S. registered. The following table
provides the estimated costs for U.S. operators to comply with this
proposed AD. The total fleet cost could be as high as $4,655,016.

Estimated Costs
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Average
Affected airplanes Affected Work hours hourly labor Parts Cost per
airplane groups rate airplane
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767-200, 767-300, 767-300F.... 1-39............ 29 $80 $8,924 $11,244
40-79........... 25 80 8,495 10,495
80-81........... 3 80 420 660
767-400ER..................... All............. 23 80 7,911 9,751
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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 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;

[[Page 51727]]

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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):

Boeing: Docket No. FAA-2007-29173; Directorate Identifier 2006-NM-
283-AD.

Comments Due Date

(a) The FAA must receive comments on this AD action by October
26, 2007.

Affected ADs

(b) Accomplishment of certain requirements of this AD terminates
certain requirements of AD 2001-15-08, amendment 39-12342.

Applicability

Unsafe Condition

(d) This AD results from a design review of the fuel tank
systems. We are issuing this AD to prevent an overheat condition
outside the pump explosion-resistance area that is open to the pump
inlet, which could cause an ignition source for the fuel vapors in
the fuel tank and result in fuel tank explosions and consequent loss
of the airplane.

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.

Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (m) of this AD.

Installation

(f) Within 36 months after the effective date of this AD,
install an automatic shutoff system for the auxiliary fuel tank
pump, in accordance with Boeing Alert Service Bulletin 767-28A0083
(for Model 767-200, -300, and -300F airplanes) or 767-28A0084 (for
Model 767-400ER airplanes), both Revision 1, dated April 26, 2007;
as applicable.

Installation According to Previous Issue of Service Bulletin

(g) Installing an automatic shutoff system is also acceptable
for compliance with the requirements of paragraph (f) of this AD if
done before the effective date of this AD in accordance with Boeing
Alert Service Bulletin 767-28A0083 or 767-28A0084, both dated May 3,
2006; as applicable.

Revision of Airplane Flight Manual (AFM)

(h) Concurrently with accomplishing the actions required by
paragraph (f) of this AD: Revise the Boeing 767 AFM as specified in
paragraphs (h)(1) and (h)(2) of this AD. This may be done by
inserting a copy of this AD into the AFM.
(1) Revise Section 1, Certificate Limitations, to include the
following:

``Intentional dry running of a center tank fuel pump (CTR L FUEL
PUMP or CTR R FUEL PUMP message displayed on EICAS) is prohibited.
Do not reset a tripped fuel pump or fuel pump control circuit
breaker.''

(2) Revise Section 3.1, Normal Procedures, to include the
following:

``CENTER TANK FUEL PUMPS

Center tank fuel pumps must not be ``ON'' unless personnel are
available in the flight deck to monitor low PRESS lights.
For ground operations prior to engine start:
The center tank fuel pump switches must not be positioned ON
unless the center tank contains usable fuel. With center tank fuel
pump switches ON, verify both center tank fuel pump low PRESS lights
are illuminated and EICAS CTR L FUEL PUMP and CTR R FUEL PUMP
messages are displayed.
For ground operations after engine start and flight operations:
The center tank fuel pump switch must be selected OFF when the
respective CTR L FUEL PUMP or CTR R FUEL PUMP message displays. Both
center tank fuel pump switches must be selected OFF when either the
CTR L FUEL PUMP or CTR R FUEL PUMP message displays if the center
tank is empty. During cruise flight, both center tank pump switches
may be reselected ON whenever center tank usable fuel is indicated.

DE-FUELING AND FUEL TRANSFER

When transferring fuel or de-fueling center or main wing tanks,
the center fuel pump low PRESS must be monitored and the fuel pump
switches positioned to ``OFF'' at the first indication of low
pressure. Prior to transferring fuel or de-fueling, conduct a lamp
test of the respective fuel pump low PRESS lights.''

Note 2: When statements identical to those in paragraph (g) of
this AD have been included in the general revisions of the AFM, the
general revisions may be inserted into the AFM, and the copy of this
AD may be removed from the AFM.

Revision of Airworthiness Limitations

(i) Concurrently with accomplishing the actions required by
paragraph (f) of this AD: Revise Section 9 of the Boeing 767
Maintenance Planning Data (MPD) Document D622T001-9, ``Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements
(CMRs),'' to incorporate Revision March 2006. Accomplishing the
revision in accordance with a later revision of the MPD is an
acceptable method of compliance if the revision is approved by the
Manager, Seattle Aircraft Certification Office (ACO), FAA.

Placard Installation

(j) For Model 767-200, -300, or -300F airplanes that meet the
conditions of paragraphs (j)(1) and (j)(2) of this AD: Within 30
days after the effective date of this AD, install a placard in the
flight deck adjacent to each pilot's primary flight display, to
alert the flight crew to follow the procedures required by paragraph
(b) of AD 2001-15-08. The placard must include the following
statement:

``AD 2001-15-08 fuel usage restrictions required.''

Alternative placard wording may be used if approved by an
appropriate FAA Principal Operations Inspector. Alternative placard
methods and alternative methods of mixed fleet configuration control
may be used if submitted for review in accordance with the
procedures specified in paragraph (l) of this AD.
(1) The airplane is operated in a fleet of airplanes on which
the actions specified in paragraph (f) of this AD have been done on
at least one of the fleet's airplanes.
(2) The actions specified in paragraph (i) of AD 2001-15-08
(installation of modified center tank override and override/jettison
fuel pumps that are not subject to the unsafe condition described in
this AD) or paragraph (f) of this AD have not been done on the
airplane.

Note 3: If the actions specified in paragraph (f) of this AD
have been done on all airplanes operated within an operator's fleet,
or if operation according to the fuel usage restrictions of AD 2001-
15-08 is maintained until automatic shutoff systems are installed on
all airplanes in an operator's fleet: No placard is necessary before
removal of the wet shutoff restrictions of AD 2001-15-08.

[[Page 51728]]

Terminating Action for AD 2001-15-08

(k) For airplanes that have automatic shutoff systems installed:
Accomplishment of paragraphs (f) and (j) of this AD terminates the
requirements of paragraphs (b) and (c) of AD 2001-15-08.

Alternative Methods of Compliance (AMOCs)

(l)(1) 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.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

Issued in Renton, Washington, on August 31, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-17830 Filed 9-10-07; 8:45 am]

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