[Federal Register: February 28, 2008 (Volume 73, Number 40)]
[Proposed Rules]
[Page 10698-10701]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe08-26]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-28389; Directorate Identifier 2006-NM-171-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 777-200, -200LR, -300, and
-300ER Series 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 777-200, -200LR, -300, and -300ER series
airplanes. The original NPRM would have required revising the
Airworthiness Limitations (AWLs) section of the Instructions for
Continued Airworthiness by incorporating new limitations for fuel tank
systems to satisfy Special Federal Aviation Regulation No. 88
requirements. The original NPRM would also have required the initial
performance of certain repetitive inspections specified in the AWLs to
phase in those inspections, and repair if necessary. The original NPRM
resulted from a design review of the fuel tank systems. This action
revises the original NPRM by reducing the initial compliance time of
certain repetitive inspections, adding more airplanes, and referring to
new service information. We are proposing this supplemental NPRM to
prevent the potential for ignition sources inside fuel tanks caused by
latent failures, alterations, repairs, or maintenance actions, which,
in combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane.
DATES: We must receive comments on this supplemental NPRM by March 19,
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 (telephone 800-647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Kathrine Rask, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6505; 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-
28389; Directorate Identifier 2006-NM-171-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
[[Page 10699]]
include an airworthiness directive (AD) that would apply to certain
Boeing Model 777-200, -200LR, -300, and -300ER series airplanes. That
original NPRM was published in the Federal Register on July 3, 2007 (72
FR 36373). That original NPRM proposed to require revising the
Airworthiness Limitations (AWLs) section of the Instructions for
Continued Airworthiness by incorporating new limitations for fuel tank
systems to satisfy Special Federal Aviation Regulation No. 88
requirements. That original NPRM also proposed to require the initial
performance of certain repetitive inspections specified in the AWLs to
phase in those inspections, and repair if necessary.
Actions Since Original NPRM Was Issued
Since we issued the original NPRM, Boeing has issued Revision
October 2007 of section 9 of the 777 Maintenance Planning Data (MPD)
Document, D622W001-9 (hereafter referred to as ``Revision October 2007
of the MPD''). The original NPRM referred to Revision March 2006 of the
MPD as the appropriate source of service information for accomplishing
the proposed actions. Among other actions, Revision October 2007 of the
MPD revises the task description for AWL No. 28-AWL-01 and increases
the repetitive interval for AWL No. 28-AWL-18. (AWL No. 28-AWL-18 was
introduced in Revision September 2007 of the MPD). We have revised
paragraphs (f), (g), and (h) of this supplemental NPRM to refer to
Revision October 2007 of the MPD.
We have also determined that more airplanes would be affected by
this supplemental NPRM. All Model 777 airplanes with an original
standard airworthiness certificate or original export certificate of
airworthiness issued before December 5, 2007, are affected by this
supplemental NPRM. Accordingly, we have revised paragraph (c) of this
supplemental NPRM. We have also updated the ``Costs of Compliance''
section of this supplemental NPRM to account for the additional
airplanes.
In paragraphs (h)(1)(i) and (h)(2)(i) of the original NPRM, we
inadvertently specified the compliance time as ``* * * before the
accumulation of 36,000 total flight cycles or within 120 months. * *
*'' The correct compliance time is 16,000 total flight cycles or within
3,000 days, as specified in Revision October 2007 of the MPD. We have
revised this supplemental NPRM accordingly.
Changes Made to This Supplemental NPRM
For standardization purposes, we have revised this supplemental
NPRM in the following ways:
We have added a new paragraph (i) to this supplemental
NPRM to specify that no alternative inspections, inspection intervals,
or CDCCLs may be used unless they are part of a later approved revision
of Revision October 2007 of the MPD, or unless they are approved as an
alternative method of compliance (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.
We have revised Note 2 of this AD to clarify that an
operator must request approval for an AMOC if the operator cannot
accomplish the proposed inspections because an airplane has been
previously modified, altered, or repaired in the areas addressed by the
proposed inspections.
Comments
We gave the public the opportunity to participate in developing the
original NPRM. We addressed certain comments received in this
supplemental NPRM. The remaining comments are being evaluated and will
be addressed in the final rule.
Request To Allow Inspections Done According to a Maintenance Program
Japan Airlines (JAL) requests that we revise paragraph (h) of the
original NPRM to allow an operator to update its FAA-approved
maintenance program to include the initial inspections and repair for
certain AWLs. JAL states that the original NPRM would require
accomplishing the initial inspection and repair of certain AWLs, which
would require JAL to establish a special inspection and special
recordkeeping for the proposed requirement.
We agree and have revised paragraphs (h)(1) and (h)(2) of this
supplemental NPRM to specify that accomplishing the applicable AWL as
part of an FAA-approved maintenance program before the applicable
compliance time constitutes compliance with the applicable requirements
of those paragraphs.
Request To Harmonize Task Descriptions
JAL states that, in Revision March 2006 of the MPD, the task
descriptions defining the applicable area are different for AWLs Nos.
28-AWL-01 and 28-AWL-02. (AWL No. 28-AWL-01 is a repetitive inspection
of the external wires over the center fuel tank, and AWL No. 28-AWL-02
is a CDCCL to maintain the original design features for the external
wires over the center fuel tank). JAL believes that the task
descriptions for these AWLs should match. JAL presumes that, if one
purpose for the inspection is to prevent a spark in the fuel vapor over
the center fuel tank, then the applicable area should have a certain
tolerance instead of defining the area by exact station number. JAL
also requests that ``Sta. 1045'' be revised to ``Sta. 1245'' for AWL
No. 28-AWL-01.
We agree that the task descriptions for AWL Nos. 28-AWL-01 and 28-
AWL-02 should be harmonized, and that there is an error in the station
number in the task description for AWL No. 28-AWL-01. Revision October
2007 of the MPD includes a revised task description of AWL No. 28-AWL-
01, which addresses JAL's comments. As stated previously, we have
revised this supplemental NPRM to refer to Revision October 2007 of the
MPD.
Request To Add Additional References to Appendix 1
Boeing requests that we revise Appendix 1 of the original NPRM to
reflect the correct airplane maintenance manual (AMM) task titles and
numbers for AWLs No. 28-AWL-02, No. 28-AWL-05, No. 28-AWL-06, No. 28-
AWL-08, No. 28-AWL-10, No. 28-AWL-12, No. 28-AWL-15, No. 28-AWL-16, No.
28-AWL-17, and No. 28-AWL-19.
JAL requests that we update Appendix 1 of the original NPRM to
include all AWLs specified in the MPD, and that we indicate how to
maintain the latest version of Appendix 1. JAL also requests that we
correct the following errors in Appendix 1 of the original NPRM: (1)
For AWL No. 28-AWL-04, change ``SWPM 20-10-15'' to ``SWPM 20-10-13,''
and (2) for AWL No. 28-AWL-15, change ``28-41-05-404-801'' to ``28-41-
05-400-801.''
We disagree with revising the AMM references, since we have deleted
Appendix 1 from this supplemental NPRM. The purpose of Appendix 1 was
to assist operators in identifying the AMM tasks that could affect
compliance with a CDCCL. However, we have also received several similar
comments regarding the appendixes in other NPRMs that address the same
unsafe condition on other Boeing airplanes. Those comments indicate
that including non-required information in those NPRMs has caused
confusion. Further, Revision October 2007 of the MPD contains most of
the updated
[[Page 10700]]
information that is listed in Appendix 1 of the original NPRM.
Therefore, we have removed Appendix 1 from this supplemental NPRM.
Request To Revise Note 2
Boeing requests that we revise Note 2 of the original NPRM to
clarify the need for an AMOC. Boeing states that the current wording is
difficult to follow, and that the note is meant to inform operators
that an AMOC to the required MPD AWLs may be required if an operator
has previously modified, altered, or repaired in the areas addressed by
limitations. Boeing requests that we revise Note 2 as follows:
Add the words ``according to paragraph (g)'' at the end of
the first sentence.
Replace the words ``revision to'' with ``deviation from''
in the last sentence.
Delete the words ``(g) or'' and ``as applicable'' from the
last sentence.
As stated previously, we have simplified the language in Note 2 of
this supplemental NPRM for standardization with other similar ADs. The
language the commenter requests that we change does not appear in the
revised note. Therefore, no additional change to this supplemental NPRM
is necessary in this regard.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
We are proposing this supplemental NPRM because we evaluated all
pertinent information and determined an unsafe condition exists and is
likely to exist or develop on other products of the same type design.
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
We estimate that this supplemental NPRM would affect 127 airplanes
of U.S. registry. The following table provides the estimated costs, at
an average labor rate of $80 per work hour, for U.S. operators to
comply with this supplemental NPRM.
Estimated Costs
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Number of U.S.-
Action Work Parts Cost per registered Fleet cost
hours airplane airplanes
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Maintenance program revision......... 8 None............ $640 127 $81,280
Inspection........................... 8 None............ 640 127 81,280
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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-2007-28389; Directorate Identifier 2006-NM-
171-AD.
Comments Due Date
(a) We must receive comments by March 19, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 777-200, -200LR, -300, and -
300ER series airplanes; certificated in any category; with an
original standard airworthiness certificate or original export
certificate of airworthiness issued before December 5, 2007.
Note 1: Airplanes with an original standard airworthiness
certificate or original export certificate of airworthiness issued
on or after December 5, 2007, must be already in compliance with the
airworthiness limitations (AWLs) specified in this AD because those
limitations were applicable as part of the airworthiness
certification of those airplanes.
Note 2: 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 (AMOC)
according to paragraph (j) 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.
[[Page 10701]]
Unsafe Condition
(d) This AD results from a design review of the fuel tank
systems. We are issuing this AD to prevent the potential for
ignition sources inside fuel tanks caused by latent failures,
alterations, repairs, or maintenance actions, which, in combination
with flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.
Compliance
(e) Comply with this AD within the compliance times specified,
unless already done.
Service Information
(f) The term ``Revision October 2007 of the MPD,'' as used in
this AD, means Section 9 of the Boeing 777 Maintenance Planning
Document (MPD) Document, D622W001-9, Revision October 2007.
Revision of Airworthiness Limitations (AWLs) Section
(g) Before December 16, 2008, revise the AWLs section of the
Instructions for Continued Airworthiness by incorporating the
information in the sections specified in paragraphs (g)(1) and
(g)(2) of this AD into the MPD; except that the initial inspections
specified in paragraph (h) of this AD must be done at the compliance
times specified in paragraph (h) of this AD.
(1) Subsection D, ``AIRWORTHINESS LIMITATIONS--SYSTEMS, FUEL
SYSTEMS AIRWORTHINESS LIMITATIONS,'' of Revision October 2007 of the
MPD.
(2) Subsection E, ``PAGE FORMAT: SYSTEMS AIRWORTHINESS
LIMITATIONS,'' of Revision October 2007 of the MPD.
Initial Inspections and Repair
(h) Do the inspections required by paragraphs (h)(1) and (h)(2)
of this AD at the compliance times specified in paragraphs (h)(1)
and (h)(2), in accordance with the applicable AWLs described in
Subsection E, ``PAGE FORMAT: SYSTEMS AIRWORTHINESS LIMITATIONS,'' of
Revision October 2007 of the MPD. If any discrepancy is found during
these inspections, repair the discrepancy before further flight in
accordance with Revision October 2007 of the MPD.
(1) At the later of the times specified in paragraphs (h)(1)(i)
and (h)(1)(ii) of this AD, do a detailed inspection of external
wires over the center fuel tank for damaged clamps, wire chafing,
and wire bundles in contact with the surface of the center fuel
tank, and repair any discrepancy, in accordance with AWL No. 28-AWL-
01. Accomplishing AWL No. 28-AWL-01 as part of an FAA-approved
maintenance program before the applicable compliance time specified
in paragraph (h)(1)(i) or (h)(1)(ii) of this AD constitutes
compliance with the requirements of this paragraph.
(i) Before the accumulation of 16,000 total flight cycles, or
within 3,000 days since the date of issuance of the original
standard airworthiness certificate or the date of issuance of the
original export certificate of airworthiness, whichever occurs
first.
(ii) Within 72 months after the effective date of this AD.
Note 3: 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.''
(2) At the later of the times specified in paragraphs (h)(2)(i)
and (h)(2)(ii) of this AD, do a special detailed inspection
(resistance test) of the lightning shield-to-ground termination of
the out tank wiring of the fuel quantity indicating system (FQIS)
and, as applicable, repair (restore) the bond to ensure the shield-
to-ground termination meets specified resistance values, in
accordance with AWL No. 28-AWL-03. Accomplishing AWL No. 28-AWL-03
as part of an FAA-approved maintenance program before the applicable
compliance time specified in paragraph (h)(2)(i) or (h)(2)(ii) of
this AD constitutes compliance with the requirements of this
paragraph.
(i) Before the accumulation of 16,000 total flight cycles, or
within 3,000 days since the date of issuance of the original
standard airworthiness certificate or the date of issuance of the
original export certificate of airworthiness, whichever occurs
first.
(ii) Within 24 months after the effective date of this AD.
Note 4: For the purposes of this AD, a special detailed
inspection is: ``An intensive examination of a specific item,
installation, or assembly to detect damage, failure, or
irregularity. The examination is likely to make extensive use of
specialized inspection techniques and/or equipment. Intricate
cleaning and substantial access or disassembly procedure may be
required.''
No Alternative Inspections, Inspection Intervals, or Critical Design
Configuration Control Limitation (CDCCLs)
(i) After accomplishing the actions specified in paragraphs (g)
and (h) of this AD, no alternative inspections, inspection
intervals, or CDCCLs may be used unless the inspections, intervals,
or CDCCLs are part of a later revision of Revision October 2007 of
the MPD that is approved by the Manager, Seattle Aircraft
Certification Office (ACO); or unless the inspections, intervals, or
CDCCLs are approved as an AMOC in accordance with the procedures
specified in paragraph (j) of this AD.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, Seattle ACO, FAA, ATTN: Kathrine Rask,
Aerospace Engineer, Propulsion Branch, ANM-140S, 1601 Lind Avenue,
SW., Renton, Washington 98057-3356; telephone (425) 917-6505; 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.
Issued in Renton, Washington, on February 20, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-3765 Filed 2-27-08; 8:45 am]
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