[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Proposed Rules]
[Pages 61378-61381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24579]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-28035; Directorate Identifier 2006-NM-293-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain Boeing Model 767 airplanes. The original NPRM would
have required sealing certain fasteners and stiffeners in the fuel
tank, and changing certain wire bundle clamp configurations on the fuel
tank walls. The original NPRM resulted from fuel system reviews
conducted by the manufacturer. This action revises the original NPRM by
adding inspections, for certain airplanes, of additional fasteners in
the fuel tanks and of the method of attachment of the vortex
generators, and corrective action if necessary. We are proposing this
supplemental NPRM to prevent possible ignition sources in the auxiliary
fuel tank, main fuel tanks, and surge tanks caused by a wiring short or
lightning strike, which could result in fuel tank explosions and
consequent loss of the airplane.
DATES: We must receive comments on this supplemental NPRM by November
10, 2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
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.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
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 docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office
[[Page 61379]]
(telephone (800) 647-5527) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.
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 send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
28035; Directorate Identifier 2006-NM-293-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We issued a notice of proposed rulemaking (NPRM) (the ``original
NPRM'') to amend 14 CFR part 39 to include an airworthiness directive
(AD) that would apply to certain Boeing Model 767 airplanes. That
original NPRM was published in the Federal Register on April 30, 2007
(72 FR 21166). That original NPRM proposed to require sealing certain
fasteners and stiffeners in the fuel tank, and changing certain wire
bundle clamp configurations on the fuel tank walls.
Actions Since Original NPRM Was Issued
The NPRM referred to Boeing Alert Service Bulletins 767-57A0102,
dated October 25, 2006, and 767-57A0100, dated August 21, 2006, as the
appropriate sources of service information for the proposed
requirements. Since we issued the NPRM, Boeing revised the service
bulletins.
Service Bulletin 767-57A0102, Revision 1, dated November 27, 2007,
provides the following changes:
Corrects the specified location of fasteners that must be
sealed on the rear spar in the auxiliary fuel tank;
Corrects the specified location of fasteners that must be
sealed at rib 28 on the front spar;
Adds work packages, for airplanes on which the original
issue of the service bulletin was accomplished, for general visual
inspections of the sealant of the fasteners in the auxiliary fuel tank
center bay and the fasteners at rib 28 of the left and right main fuel
tanks, and sealing any unsealed fasteners;
Identifies additional access doors necessary for access to
the fuel tanks; and
Specifies permitted alternative fuel tank sealants.
The new work packages are necessary because the original issue of
this service bulletin specified incorrect locations for certain
fasteners on the rear spar of the auxiliary fuel tank and the front
spar of the main wing. If the correct fasteners are not sealed, there
is a risk that arcing from a short can enter the fuel tank and become
an ignition source. We have revised paragraphs (c) and (g) of this
supplemental NPRM to refer to Revision 1 of the service bulletin.
Service Bulletin 767-57A0100, Revision 1, dated June 19, 2008, adds
procedures for certain airplanes (Group 3 airplanes) for a general
visual inspection to determine the method of attachment of the vortex
generators. For vortex generators attached with adhesive alone, no more
work is necessary. For vortex generators attached with fasteners, the
service bulletin provides procedures for sealing the fasteners.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Support for the NPRM
Continental Airlines has no objection to the NPRM. The Air
Transport Association (ATA) agrees with the intent of the NPRM.
American Airlines understands and agrees with our efforts to prevent
the identified unsafe condition.
Request for Warranty Coverage
Hawaiian Airlines questions why Service Bulletin 767-57A0102 is not
covered under warranty. The commenter states that the original
equipment manufacturer (OEM) should cover the costs to do the required
extra protection for fuel ignition shorts. The commenter added that 335
work hours and about $2,000 for parts per airplane is very costly for
airline operators.
We have no involvement in warranty agreements between the airlines
and the OEM. We have not changed the final rule regarding this issue.
Request To Extend Compliance Time
The ATA and American Airlines request that we extend the proposed
compliance time from 60 months to 72 months. The longer interval would
minimize fuel tank entry and corresponds to the existing ``4C''
maintenance interval established by the Boeing 767 Maintenance Review
Board (MRB), when significant maintenance (such as maintenance
requiring fuel tank entry) is scheduled. The ATA states that the use of
that interval would avoid the need to accomplish the proposed actions
in portions of airline inventories during unique, unscheduled visits.
American Airlines states that its cost to comply with the AD would be 7
percent higher with the proposed 60-month compliance time (versus a 72-
month compliance time).
While we agree that reducing fuel tank entries minimizes both the
potential for damage and the disruption to operators' maintenance
schedules, we find that extending the compliance time is not
appropriate. In developing the compliance time for this AD action, we
considered not only the safety implications of the identified unsafe
condition, but the average utilization rate of the affected fleet, the
practical aspects of accomplishing the AD on the fleet during regular
maintenance periods, the availability of required parts, and the time
necessary for the rulemaking process. The proposed compliance time was
determined to be appropriate. However, paragraph (h) of this
supplemental NPRM would provide operators the opportunity to request
adjustments to the compliance time and submit data to substantiate that
such an adjustment would provide an acceptable level of safety. We have
not changed this supplemental NPRM regarding this issue.
Clarification of Inspection Type
In this supplemental NPRM, the ``general visual inspection''
specified in Revision 1 of the referenced service information is
referred to as a ``detailed inspection.'' We have included the
definition for a detailed inspection in a note in the supplemental
NPRM.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
We are proposing this supplemental NPRM because we evaluated all
pertinent information and determined that an unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
[[Page 61380]]
Certain changes described above expand the scope of the original NPRM.
As a result, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for the public to
comment on this supplemental NPRM.
Costs of Compliance
There are about 925 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD. There are no U.S.-
registered airplanes in Group 3 of Service Bulletin 767-57A0102. The
average labor rate is $80 per work hour.
Estimated Costs
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Number of
Work Cost per U.S.-
Service Bulletin Group hours Parts airplane registered Fleet cost
airplanes
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767-57A0100.................... 1 6 minimal........... $480 341 $163,680
2 114 minimal........... 9,120 21 191,520
3 1 none.............. 80 17 1,360
767-57A0102.................... 1 246 1,632............. 21,312 341 7,267,392
2 874 1,304............. 71,224 21 1,495,704
3 24 338............... 2,258 0 0
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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 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 this 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.
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, 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 AD:
Boeing: Docket No. FAA-2007-28035; Directorate Identifier 2006-NM-
293-AD.
Comments Due Date
(a) We must receive comments by November 10, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model 767-200, -300, -300F, and -400ER
series airplanes; certificated in any category; as identified in
Boeing Alert Service Bulletin 767-57A0100, Revision 1, dated June
19, 2008; and Boeing Service Bulletin 767-57A0102, Revision 1, dated
November 27, 2007.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent possible ignition
sources in the auxiliary fuel tank, main fuel tanks, and surge tanks
caused by a wiring short or lightning strike, which could 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.
Fastener Sealant Application
(f) For airplanes identified in Boeing Alert Service Bulletin
767-57A0100, Revision 1, dated June 19, 2008: Within 60 months after
the effective date of this AD, do the actions in paragraphs (f)(1)
and (f)(2) of this AD. Do the actions in accordance with the
Accomplishment Instructions of the service bulletin, as applicable.
(1) For Groups 1 and 2 airplanes: Seal the ends of the fasteners
on the brackets that hold the vortex generators, and seal the ends
of the fasteners on certain stiffeners on the rear spar, as
applicable.
(2) For Group 3 airplanes: Do a detailed inspection to determine
the method of attachment of the vortex generators, and, before
further flight, do all applicable specified corrective actions.
Wire Bundle Sleeve and Clamp Installation and Fastener Sealant
Application
(g) For airplanes identified in Boeing Service Bulletin 767-
57A0102, Revision 1, dated November 27, 2007: Within 60 months after
the effective date of this AD, do the actions specified in
paragraphs (g)(1), (g)(2), and (g)(3) of this AD, as applicable. Do
the actions in accordance with the Accomplishment Instructions of
the service bulletin.
(1) Change the wire bundle clamp configurations at specified
locations on the fuel tank walls.
(2) Seal the fasteners and certain stiffeners at specified
locations on the fuel tank.
(3) Do a detailed inspection of the sealant of the fasteners in
the auxiliary tank center bay and rib 28 of the left and right main
fuel tanks. Seal any unsealed fasteners before further flight.
[[Page 61381]]
Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, ATTN: Judy Coyle, Aerospace Engineer, ANM-140S, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-
6497; fax (425) 917-6590; 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 October 6, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-24579 Filed 10-15-08; 8:45 am]
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