[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Rules and Regulations]
[Pages 37997-38001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15651]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0906; Directorate Identifier 2009-NM-075-AD;
Amendment 39-16343; AD 2010-13-12]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company 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
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Model 747 series airplanes. This AD requires replacing the power
control relays for the main tank fuel boost pumps and jettison pumps,
and the center tank scavenge pump, as applicable, with new relays
having a ground fault interrupt (GFI) feature. This AD also requires
revising the maintenance program to incorporate Airworthiness
Limitations (AWLs) 28-AWL-23 (for Model 747-100, 747-100B, 747-100B
SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SP, and 747SR series
airplanes), and AWLs 28-AWL-28 and 28-AWL-29 (for Model 747-400, 747-
400D, and 747-400F
[[Page 37998]]
series airplanes). This AD results from fuel system reviews conducted
by the manufacturer. We are issuing this AD to prevent damage to the
fuel pumps caused by electrical arcing that could introduce an ignition
source in the fuel tank, which, in combination with flammable fuel
vapors, could result in a fuel tank explosion and consequent loss of
the airplane.
DATES: This AD is effective August 5, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of August 5,
2010.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; e-mail [email protected];
Internet https://www.myboeingfleet.com.
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 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: Georgios Roussos, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6482; 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 Model 747 series airplanes. That NPRM was published in the
Federal Register on October 13, 2009 (74 FR 52431). That NPRM proposed
to require replacing the power control relays for the main tank fuel
boost pumps and jettison pumps, and the center tank scavenge pump, as
applicable, with new relays having a ground fault interrupt (GFI)
feature. That NPRM also proposed to require revising the maintenance
program to incorporate Airworthiness Limitations (AWLs) 28-AWL-23 (for
Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F,
747-300, 747SP, and 747SR series airplanes), and AWLs 28-AWL-28 and 28-
AWL-29 (for Model 747-400, 747-400D, and 747-400F series airplanes).
Relevant Service Information
For Model 747-400, 747-400D, and 747-400F series airplanes, we have
reviewed Subsection D, ``AIRWORTHINESS LIMITATIONS--FUEL SYSTEMS,'' of
Boeing 747-400 Maintenance Planning Data (MPD) Document, Document
D621U400-9, Section 9, Revision December 2009. This document includes
the same repetitive inspection (test) to verify continued functionality
of the GFI relays as did Subsection D, ``AIRWORTHINESS LIMITATIONS--
FUEL SYSTEMS,'' of Boeing 747-400 MPD Document, Document D621U400-9,
Section 9, Revision April 2008 (which we referred to in the NPRM as an
appropriate source of service information for incorporation into the
maintenance program). Revision December 2009 clarifies the effectivity
for AWL 28-AWL-28. We have revised paragraph (h)(1) of this AD to refer
to Subsection D, ``AIRWORTHINESS LIMITATIONS--FUEL SYSTEMS,'' of Boeing
747-400 MPD Document, Document D621U400-9, Section 9, Revision December
2009. We have also added a new paragraph (j) to this final rule to
provide credit for operators who have revised their maintenance program
using Revision April 2008, or Revision March 2009, of Subsection D,
``AIRWORTHINESS LIMITATIONS--FUEL SYSTEMS,'' of Boeing 747-400 MPD
Document, Document D621U400-9, Section 9. We have also reidentified
subsequent paragraphs accordingly.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered all of the comments received from the
commenters.
Request To Extend Compliance Time
Deutsche Lufthansa AG (Lufthansa) requests that we extend the
proposed compliance time from 60 months to the intervals specified in
the latest approved maintenance review board report (MRBR). Further,
Lufthansa states that it would like to know how the proposed compliance
time was determined. Lufthansa states that it assumes that the
probability of a failure is part of the determination of the proposed
compliance time of 60 months. However, Lufthansa further asserts that
this compliance time is not in line with its heavy maintenance layover
schedule, which is based on the latest approved MRBR.
We do not agree to extend the compliance time. In developing an
appropriate compliance time for this AD, we considered not only the
safety implications, but the manufacturer's recommendations, the
availability of required parts, and the practical aspect of
accomplishing the actions within an interval of time that corresponds
to typical scheduled maintenance for affected operators. However, under
the provisions of paragraph (k) of this AD, we will consider requests
for approval of an extension of the compliance time if sufficient data
are submitted to substantiate that the change would provide an
acceptable level of safety. We have not changed the final rule in this
regard.
Request To Clarify if Boeing Alert Service Bulletin 747-28A2261
Terminates Requirements of Previous AD
Japan Airlines (JAL) requests that we revise the NPRM to clarify
whether accomplishing the actions specified in Boeing Alert Service
Bulletin 747-28A2261, dated February 19, 2009, terminates the
requirements of AD 97-26-07, Amendment 39-10250 (62 FR 65352, December
12, 1997). JAL states that AD 97-26-07 presently requires repetitive
inspections of the Number 1 and Number 4 main fuel tank boost pump
wiring (which runs through the inboard fuel tanks) per Boeing Service
Bulletin 747-28A2204. JAL asserts that the currently required
inspection makes sure the wiring is not damaged. JAL also asserts that,
after operators do the proposed modification, the GFI relays will
monitor the electrical faults and remove the power from the fuel pump
immediately to minimize the risk of ignition when wires become damaged.
JAL states that clarifying the NPRM to identify Boeing Alert Service
Bulletin 747-28A2261 as terminating action for AD 97-26-07 would save
operators additional work.
The FAA acknowledges that both AD 97-26-07 and this AD relate to
potential electrical system faults in the fuel system. However, the FAA
does not agree that this AD provides terminating action for the actions
specified in AD 97-26-07. The Boeing GFI design addresses section
25.981(a)(3) of the Federal Aviation Regulations (14 CFR 25.981(a)(3))
single failure requirement only. However the probability of the GFI
having a latent failure condition, which would prevent it from
detecting a fault current and removing power from the
[[Page 37999]]
fuel pump, is not shown to be extremely remote. The GFI does not have
the ability to verify that fault protection is operational prior to
application of power to the pump. Potential latent failures in the GFI
function will be detected via a manual BIT test, which will be
performed by operators at minimum 4,000 flight-hour maintenance
intervals. We have made no change to the AD in this regard.
Request To Revise Description in the Relevant Service Information
Section
The Boeing Company (Boeing) requests that we revise the Relevant
Service Information section of the NPRM to specify that the replacement
given in Boeing Alert Service Bulletin 747-28A2261, dated February 19,
2009, ``. . . also includes reworking certain wiring and doing an
operational test of the main tank fuel boost pumps, the main tank
jettison pumps (if applicable) and the center tank scavenge pump (if
installed), and new relays.'' Boeing states that the wording in the
NPRM specifies conducting only the main tank boost pumps and relay
operational tests, while Boeing Alert Service Bulletin 747-28A2261,
dated February 19, 2009, specifies operational checks of the main tank
fuel boost pumps, the main tank jettison pumps, and the center tank
fuel scavenge pump, as well as tests of the GFI relays, following
procedures for replacing the relays, and making relevant wiring
changes.
We partially agree with Boeing. For the reasons provided by Boeing,
we do agree that the suggested wording changes to the description of
Boeing Alert Service Bulletin 747-28A2261, dated February 19, 2009, are
more accurate. However, we do not agree to revise this final rule in
this regard. Normally, the Relevant Service Information section of the
NPRM is not restated in the final rule, unless service information that
was not described in the NPRM is being added in the final rule (e.g.,
new revisions of a document). In this case, the Relevant Service
Information section does appear in this final rule to describe a new
revision of an MPD document being added to this final rule. Although
the Relevant Service Information section does appear in this final
rule, the description of Boeing Alert Service Bulletin 747-28A2261,
dated February 19, 2009, is not restated in that section. We have made
no change to the final rule in this regard.
Request To Remove Proposed Requirement to Incorporate AWLs
All Nippon Airways (ANA) requests that we revise the NPRM to remove
paragraph (h)(1), which proposed to require incorporating AWLs 28-AWL-
28 and 28-AWL-29 into the maintenance program. ANA asserts that
paragraph (g)(3) of AD 2008-10-06, Amendment 39-15512 (73 FR 25990, May
8, 2008), already requires incorporation of AWLs 28-AWL-24 through 28-
AWL-29. ANA believes that the proposed requirement is duplicating an
existing requirement.
We do not agree to remove paragraph (h)(1) of this AD. We
acknowledge that paragraph (g)(3) of AD 2008-10-06 does specify
revising the maintenance program to incorporate AWLs 28-AWL-24 through
28-AWL-29--as an option. AD 2008-10-06 does not require incorporation
of AWLs 28-AWL-24 through 28-AWL-29. Therefore, this AD does not
duplicate a requirement and there is no reason to remove the
requirement from this AD. However, we have revised paragraph (h)(1) of
this AD to clarify that revising the maintenance program to include
AWLs 28-AWL-28 and 28-AWL-29 in accordance with paragraph (g)(3) of AD
2008-10-06, Amendment 39-15512 (73 FR 25990, May 8, 2008) ; or AD 2008-
10-06 R1, Amendment 39-16160 (75 FR 906, January 7, 2010); is
acceptable for compliance with the corresponding requirements specified
in paragraph (h)(1) of this AD.
Request To Allow Later Revisions of Maintenance Planning Data (MPD)
Document
United Airlines states that it concurs with the contents of the
NPRM, but requests that we revise paragraph (h)(1) of the NPRM to allow
use of later revisions of Section 9 of the Boeing 747-400 MPD Document,
Document D621U400-9, Revision April 2008. United Airlines did not
provide justification for this request.
We understand United Airlines' request and operator's desire to
have some flexibility in AD compliance actions. However, we cannot
allow use of later revisions of Section 9 of the Boeing 747-400 MPD
Document, Document D621U400-9. We cannot use the phrase, ``or later
FAA-approved revisions,'' in an AD when referring to the service
document because doing so violates Office of the Federal Register (OFR)
regulations for approval of materials ``incorporated by reference'' in
rules. In general terms, we are required by these OFR regulations to
either publish the service document contents as part of the actual AD
language; or submit the service document to the OFR for approval as
``referenced'' material, in which case we may only refer to such
material in the text of an AD. The AD may refer to the service document
only if the OFR approved it for ``incorporation by reference.'' To
allow operators to use later revisions of the referenced document
(issued after publication of the AD), either we must revise the AD to
reference specific later revisions, or operators must request approval
to use later revisions as an alternative method of compliance with this
AD under the provisions of paragraph (k) of this AD. However, as
explained previously, we have revised this final rule to refer to
Subsection D, ``AIRWORTHINESS LIMITATIONS--FUEL SYSTEMS,'' of Boeing
747-400 MPD Document, Document D621U400-9, Section 9, Revision December
2009.
Explanation of Additional Changes Made to this AD
We have revised paragraph (h)(2) of this AD to clarify that
revising the maintenance program to include AWL 28-AWL-23 in accordance
with paragraph (g) of AD 2008-10-07, Amendment 39-15513 (73 FR 25977,
May 8, 2008); or AD 2008-10-07 R1, Amendment 39-16070 (74 FR 56098,
October 30, 2009); is acceptable for compliance with the corresponding
requirements specified in paragraph (h)(2) of this AD.
We have revised this AD to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.
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.
Explanation of Change to Costs of Compliance
Since issuance of the NPRM, we have increased the labor rate used
in the Costs of Compliance from $80 per work-hour to $85 per work-hour.
The Costs of Compliance information, below, reflects this increase in
the specified hourly labor rate.
Costs of Compliance
We estimate that this proposed AD would affect 258 airplanes of
U.S. registry. The following table provides the estimated costs for
U.S. operators to comply with this AD.
[[Page 38000]]
Table--Estimated costs
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Number of U.S.-
Action Work hours Average labor Parts Cost per product registered Fleet cost
rate per hour airplanes
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Replacement...................... \1\ 10 to 14.......... $85 \1\ $16,800 to \1\ $17,650 to 258 \1\ $4,553,700 to
$36,200. $37,390. $9,646,620.
Revision of Airworthiness 1..................... 85 None............... 85................. 258 $21,930.
Limitations section.
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\1\ Depending on airplane configuration.
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:
2010-13-12 The Boeing Company: Amendment 39-16343. Docket No. FAA-
2009-0906; Directorate Identifier 2009-NM-075-AD.
Effective Date
(a) This airworthiness directive (AD) is effective August 5,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to The Boeing Company 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-
28A2261, dated February 19, 2009.
Note 1: This AD requires a revision to a certain operator
maintenance document to include new inspections. Compliance with
these inspections is required by 14 CFR 43.16 and 91.403(c). For
airplanes that have been previously modified, altered, or repaired
in the areas addressed by these limitations, the operator may not be
able to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 43.16 and 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.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Unsafe Condition
(e) This AD results from fuel system reviews conducted by the
manufacturer. The Federal Aviation Administration is issuing this AD
to prevent damage to the fuel pumps caused by electrical arcing that
could introduce an ignition source in the fuel tank which, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.
Compliance
(f) 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
(g) Within 60 months after the effective date of this AD:
Replace the power control relays for the main tank fuel boost pumps
and jettison pumps, and the center tank scavenge pump, as
applicable, with new relays having a ground fault interrupt feature,
in accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-28A2261, dated February 19, 2009.
Maintenance Program Revision
(h) Concurrently with the actions required by paragraph (g) of
this AD: Revise the maintenance program by incorporating the
applicable information in paragraphs (h)(1) and (h)(2) of this AD.
The inspection interval for airworthiness limitations (AWLs) 28-AWL-
23, 28-AWL-28, and 28-AWL-29 starts on the date the replacement
required by paragraph (g) of this AD is done.
(1) For Model 747-400, 747-400D, and 747-400F series airplanes:
Incorporate new airworthiness limitations 28-AWL-28 and 28-AWL-29 of
Subsection D, ``AIRWORTHINESS LIMITATIONS--FUEL SYSTEMS,'' of Boeing
747-400 Maintenance Planning Data (MPD) Document, Document D621U400-
9, Section 9, Revision December 2009. (These AWLs were first
introduced in Revision October 2007 of the MPD document.)
Incorporating AWLs 28-AWL-28 and 28-AWL-29 in accordance with
paragraph (g)(3) of AD 2008-10-06, Amendment 39-15512; or AD 2008-
10-06 R1, Amendment 39-16160; is acceptable for compliance with the
corresponding requirements specified in this paragraph.
(2) For Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-
200C, 747-200F, 747-300, 747SP, and 747SR series airplanes:
Incorporate new AWL 28-AWL-23 of Subsection D, ``AIRWORTHINESS
LIMITATIONS--SYSTEMS,'' of Boeing 747-100/200/300/SP Airworthiness
Limitations
[[Page 38001]]
(AWLs) and Certification Maintenance Requirements (CMRs), Document
D6-13747-CMR, Revision March 2008. (This AWL was first introduced in
Revision September 2007 of the AWLs/CMRs document.) Incorporating
AWL 28-AWL-23 in accordance with paragraph (g) of AD 2008-10-07,
Amendment 39-15513; or AD 2008-10-07 R1, Amendment 39-16070; is
acceptable for compliance with the corresponding requirements
specified in this paragraph.
No Alternative Inspection or Inspection Intervals
(i) After accomplishing the actions required by paragraph (h) of
this AD, no alternative inspections or inspection intervals may be
used, unless the inspections or intervals are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (k) of this AD.
Credit for Actions Done Using Previous Service Information
(j) Incorporating new AWLs 28-AWL-28 and 28-AWL-29 of Subsection
D, ``AIRWORTHINESS LIMITATIONS--FUEL SYSTEMS,'' of Boeing 747-400
Maintenance Planning Data (MPD) Document, Document D621U400-9,
Section 9, Revision April 2008; or Revision March 2009; before the
effective date of this AD is acceptable for compliance with the
requirements of paragraph (h)(1) of this AD.
Alternative Methods of Compliance (AMOCs)
(k)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
Attn: Georgios Roussos, Aerospace Engineer, Systems and Equipment
Branch, ANM-130S, FAA, Seattle Aircraft Certification Office, 1601
Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 917-
6482; fax (425) 917-6590. Information may be e-mailed to [email protected].
(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 principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
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, as applicable, unless
the AD specifies otherwise.
Table 1--Material Incorporated by Reference
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Document Revision Date
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Boeing Alert Service Bulletin 747[dash]28A2261....... Original.................... February 19, 2009
Subsection D, ``AIRWORTHINESS LIMITATIONS--SYSTEMS,'' March 2008.................. March 2008
of Boeing 747[dash]100/200/300/SP Airworthiness
Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), Document D6[dash]13747-CMR.
Subsection D, ``AIRWORTHINESS LIMITATIONS--FUEL December 2009............... December 2009
SYSTEMS,'' of Section 9 of the Boeing 747[dash]400
Maintenance Planning Data (MPD) Document, Document
D621U400-9.
----------------------------------------------------------------------------------------------------------------
(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, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax 206-766-5680; e-mail
[email protected]; Internet https://www.myboeingfleet.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221.
(4) You may also review copies of the service information that
is incorporated by reference 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.
Issued in Renton, Washington, on June 10, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-15651 Filed 6-30-10; 8:45 am]
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