[Federal Register: September 12, 2008 (Volume 73, Number 178)]
[Rules and Regulations]
[Page 52911-52914]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12se08-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0091; Directorate Identifier 2007-NM-311-AD;
Amendment 39-15666; AD 2008-18-09]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 747 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Boeing Model 747 airplanes. This AD requires modification of the refuel
valve control unit for the reserve fuel tanks. This AD also requires a
revision to the FAA-approved maintenance program to incorporate
airworthiness limitation (AWL) No. 28-AWL-20 or AWL No. 28-AWL-25, as
applicable. This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent lightning-induced
electrical energy from entering a reserve fuel tank through the refuel
valve, which could result in a fuel tank explosion and consequent loss
of the airplane.
DATES: This AD is effective October 17, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 17,
2008.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD
[[Page 52912]]
docket contains this AD, the regulatory evaluation, any comments
received, and other information. The address for the Docket Office
(telephone 800-647-5527) is the Document Management Facility, 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: Sulmo Mariano, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6501; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain Boeing Model 747 airplanes. That NPRM was published in the
Federal Register on January 31, 2008 (73 FR 5770). That NPRM proposed
to require modification of the refuel valve control unit for the
reserve fuel tanks. That NPRM also proposed to require a revision to
the FAA-approved maintenance program to incorporate airworthiness
limitation (AWL) No. 28-AWL-20 or AWL No. 28-AWL-25, as applicable.
Actions Since NPRM Was Issued
On April 28, 2008, we issued AD 2008-10-07, amendment 39-15513 (73
FR 25977, May 8, 2008), applicable to certain Boeing Model 747-100,
747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR,
and 747SP series airplanes. That AD requires revising the FAA-approved
maintenance program by incorporating new AWLs for fuel tank systems to
satisfy Special Federal Aviation Regulation No. 88 (``SFAR 88'')
requirements. That AD also requires the initial inspection of certain
repetitive AWL inspections to phase in those inspections, and repair if
necessary. As an optional action, that AD also allows incorporating AWL
No. 28-AWL-20 into the FAA-approved maintenance program. Therefore, we
have added a new paragraph (i) to this AD, which states that
incorporating AWL No. 28-AWL-20 into the FAA-approved maintenance
program in accordance with paragraph (g) of AD 2008-10-07 terminates
the action required by paragraph (g)(1) of this AD, for the applicable
airplanes.
On April 28, 2008, we issued AD 2008-10-06, amendment 39-15512 (73
FR 25990, May 8, 2008), applicable to certain Boeing Model 747-400,
747-400D, and 747-400F series airplanes. That AD requires revising the
FAA-approved maintenance program by incorporating new AWLs for fuel
tank systems to satisfy SFAR 88 requirements. That AD also requires the
initial inspection of certain repetitive AWL inspections to phase in
those inspections, and repair if necessary. As an optional action, that
AD also allows incorporating AWL No. 28-AWL-25 into the FAA-approved
maintenance program. Therefore, we have added a new paragraph (j) to
this AD, which states that incorporating AWL No. 28-AWL-25 into the
FAA-approved maintenance program in accordance with paragraph (g)(3) of
AD 2008-10-06 terminates the action required by paragraph (g)(2) of
this AD, for the applicable airplanes.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the four commenters.
Request To Allow Use of Future Revisions to the Service Bulletin
Boeing and Japan Airlines (JAL) request that we revise paragraph
(f) of the NPRM to specify that the proposed modification may also be
done in accordance with any future approved revisions to Boeing Alert
Service Bulletin 747-28A2291. As justification, Boeing states that the
service bulletin could be revised by the time we issue this AD. JAL
states that, during validation of the original issue of the service
bulletin, Boeing found minor discrepancies with the service bulletin,
which Boeing will correct in the next revision to the service bulletin.
We disagree with revising paragraph (f) of this AD, since Boeing
has not issued a revision to the service bulletin. If the service
bulletin is revised after issuance of this AD, we might consider
approving the revised service bulletin as an alternative method of
compliance (AMOC). Further, we have removed all references to the use
of a ``later revision'' of the applicable service information from
paragraphs (g)(1) and (g)(2) of this AD to be consistent with FAA
policies and Office of the Federal Register regulations. We may
consider approving the use of later revisions of the service
information as an AMOC with this AD, as provided by paragraph (k) of
this AD.
Request To Revise Paragraph (g)
KLM Royal Dutch Airlines (KLM) states that the intent of paragraph
(g) of the NPRM is to maintain the design features introduced in
accordance with Boeing Alert Service Bulletin 747-28A2291, dated
September 27, 2007, when the reserve tank fueling valve controller is
removed and replaced. KLM thinks that it is clearer if paragraph (g) of
the NPRM states that the critical design configuration control
limitations (CDCCLs) must be incorporated into the applicable
paragraphs of the aircraft maintenance manual (AMM) to maintain these
design features.
We infer that KLM requests that we revise paragraphs (g)(1) and
(g)(2) of this AD as proposed above. We disagree because it is
insufficient to only update the AMM with CDCCL notes. CDCCLs are
airworthiness limitations. This AD requires revising an operator's FAA-
approved maintenance program to include the new CDCCL, but it does not
require specific changes to the AMM. We have not changed this AD in
this regard.
Request To Extend Compliance Time
Lufthansa requests that we extend the compliance time from 60
months to 72 months for accomplishing the proposed modification.
Lufthansa states that this extension will allow operators to implement
the modification at the next maintenance layover.
We do not agree with Lufthansa's request to extend the compliance
time. The operator provides no technical justification for revising the
compliance time. In developing an appropriate compliance time for this
AD, we considered the urgency associated with the subject unsafe
condition and the practical aspect of accomplishing the required
modification on the 747 fleet in a timely manner. Also, the
modification requires less than 7 work hours, which may be done as
separate work packages during regular maintenance. However, according
to the provisions of paragraph (k) of this AD, we may approve requests
to adjust the compliance time if the request includes data that prove
that the new compliance time would provide an acceptable level of
safety. No change to this AD is necessary in this regard.
Other Change Made to This AD
For standardization purposes, we have added a new paragraph (h) to
this AD to specify that no alternative CDCCLs may be used unless they
are approved as an AMOC. Inclusion of this paragraph in the AD is
intended to ensure that the AD-mandated airworthiness limitations
changes are treated the same as the airworthiness limitations issued
with the original type certificate.
[[Page 52913]]
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.
Costs of Compliance
We estimate that this AD affects about 300 airplanes of U.S.
registry. The following table provides the estimated costs, at an
average labor rate of $80 per hour, for U.S. operators to comply with
this AD.
Estimated Costs
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Action Work hours Parts Cost per product Fleet cost
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Modification.................. Up to 7.......... Up to $286...... Up to $846...... Up to $253,800.
Maintenance program revision.. 1................ None............ $80............. $24,000.
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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
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.
You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.
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 AD:
2008-18-09 Boeing: Amendment 39-15666. Docket No. FAA-2008-0091;
Directorate Identifier 2007-NM-311-AD.
Effective Date
(a) This airworthiness directive (AD) is effective October 17,
2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 747-100, 747-100B, 747-100B
SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-
400F, 747SR, and 747SP series airplanes, certificated in any
category; as identified in Boeing Alert Service Bulletin 747-
28A2291, dated September 27, 2007.
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 (k) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent lightning-induced
electrical energy from entering a reserve fuel tank through the
refuel valve, which could result in a fuel tank explosion and
consequent loss of the airplane.
Compliance
(e) Comply with this AD within the compliance times specified,
unless already done.
Modification
(f) Within 60 months after the effective date of this AD, modify
the refuel valve control unit for the reserve fuel tanks, by
accomplishing all of the applicable actions specified in the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
28A2291, dated September 27, 2007.
Maintenance Program Revision
(g) Concurrently with accomplishing the modification required by
paragraph (f) of this AD, revise the FAA-approved maintenance
program by incorporating the information specified in paragraph
(g)(1) or (g)(2) of this AD, as applicable.
(1) For Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-
200C, 747-200F, 747-300, 747SR, and 747SP series airplanes:
Incorporate AWL No. 28-AWL-20 of Section D of the Boeing 747-100/
200/300/SP Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D6-13747-CMR, Revision January
2007, into the FAA-approved maintenance program.
(2) For Model 747-400, 747-400D, and 747-400F series airplanes:
Incorporate AWL No. 28-AWL-25 of Subsection D of the Boeing 747-400
Maintenance Planning Data (MPD) Document, D621U400-9, Section 9,
Revision 24, dated June 2006, into the FAA-approved maintenance
program.
No Alternative Critical Design Configuration Control Limitations
(CDCCLs)
(h) After accomplishing the applicable action specified in
paragraph (g) of this AD, no alternative CDCCLs may be used unless
the CDCCLs are approved as an AMOC in accordance with the procedures
specified in paragraph (k) of this AD.
[[Page 52914]]
Terminating Action for Maintenance Program Revision
(i) For Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-
200C, 747-200F, 747-300, 747SR, and 747SP series airplanes:
Incorporating AWL No. 28-AWL-20 into the FAA-approved maintenance
program in accordance with paragraph (g) of AD 2008-10-07, amendment
39-15513, terminates the action required by paragraph (g)(1) of this
AD.
(j) For Model 747-400, 747-400D, and 747-400F series airplanes:
Incorporating AWL No. 28-AWL-25 into the FAA-approved maintenance
program in accordance with paragraph (g)(3) of AD 2008-10-06,
amendment 39-15512, terminates the action required by paragraph
(g)(2) of this AD.
Alternative Methods of Compliance (AMOCs)
(k)(1) The Manager, Seattle ACO, FAA, ATTN: Sulmo Mariano,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 917-6501; fax (425) 917-6590;
has the authority to approve AMOCs for this AD, if requested using
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.
Material Incorporated by Reference
(l) You must use the service information contained in Table 1 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington
98124-2207.
(3) You may review copies of the service information that is
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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.
Table 1--Material Incorporated by Reference
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Service information Revision Date
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Boeing Alert Service Bulletin 747- Original........................... September 27, 2007.
28A2291.
Boeing 747-100/200/300/SP January 2007....................... January 2007.
Airworthiness Limitations (AWLs) and
Certification Maintenance
Requirements (CMRs), D6-13747-CMR.
Boeing 747-400 Maintenance Planning 24................................. June 2006.
Data (MPD) Document, D621U400-9,
Section 9.
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Issued in Renton, Washington, on August 25, 2008.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-20364 Filed 9-11-08; 8:45 am]
BILLING CODE 4910-13-P