[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Proposed Rules]
[Pages 80738-80742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32208]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0847; Directorate Identifier 2008-NM-056-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company 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 Model 777-200, -200LR, -300, and -300ER series
airplanes. The original NPRM would have required doing an inspection to
identify the part number of the motor operated valve (MOV) actuators of
the main and center fuel tanks; replacing certain MOV actuators with
new MOV actuators; and measuring the electrical resistance of the bond
from the adapter plate to the airplane structure, and doing corrective
actions if necessary. The original NPRM also would have required
revising the Airworthiness Limitations section of the Instructions for
Continued Airworthiness. The original NPRM resulted from fuel system
reviews conducted by the manufacturer. This action revises the original
NPRM by adding airplanes to the applicability. This action also revises
the original NPRM by removing the requirement for revising the
Airworthiness Limitations section of the Instructions for Continued
Airworthiness. We are proposing this supplemental NPRM to prevent
electrical current from flowing through an MOV actuator into a fuel
tank, which could create a potential ignition source inside the fuel
tank. This condition, in combination with flammable fuel vapors, could
result in a fuel tank explosion and consequent loss of the airplane.
DATES: We must receive comments on this supplemental NPRM by January
18, 2011.
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 proposed 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. You may review copies of the
referenced 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.
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: Tak Kobayashi, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6499; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
[[Page 80739]]
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-2008-0847;
Directorate Identifier 2008-NM-056-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 Model 777-200, -200LR, -300, and -
300ER series airplanes. That original NPRM was published in the Federal
Register on August 7, 2008 (73 FR 45893). That original NPRM proposed
to require doing an inspection to identify the part number of the motor
operated valve (MOV) actuators of the main and center fuel tanks;
replacing certain MOV actuators with new MOV actuators; and measuring
the electrical resistance of the bond from the adapter plate to the
airplane structure, and doing corrective actions if necessary. The
original NPRM also would have required revising the Airworthiness
Limitations section of the Instructions for Continued Airworthiness
(ICA).
Actions Since Original NPRM Was Issued
Since we issued the original NPRM, the manufacturer has informed us
that certain airplanes were missing from the effectivity in Boeing
Alert Service Bulletin 777-28A0034, dated August 2, 2007, which was
referenced in the original NPRM as the appropriate source of service
information.
In addition, since we issued the original NPRM, we have determined
that the proposed requirement for revising the Airworthiness
Limitations (AWL) section of the ICA is unnecessary. Incorporation of
AWL No. 28-AWL-19 and AWL No. 28-AWL-20 is already mandated by AD 2008-
11-13, Amendment 39-15536 (73 FR 30737, May 29, 2008), which is
applicable to Model 777-200, -200LR, -300, and -300ER series airplanes.
Therefore, we have removed Note 1 and paragraphs (h), (i), and (j) from
the original NPRM.
Relevant Service Information
Since the issuance of the original NPRM, we reviewed Boeing Alert
Service Bulletin 777-28A0034, Revision 1, dated May 20, 2010, which
adds airplanes to the effectivity, and corrects an MOV actuator part
number. We also reviewed Boeing Service Bulletin 777-28A0034, Revision
2, dated September 20, 2010, which specifies to cap seal the bonding
jumper fasteners when installing the MOV actuator. Boeing Service
Bulletin 777-28A0034, Revision 2, dated September 20, 2010, specifies
that no more work is necessary on airplanes modified in accordance with
Boeing Alert Service Bulletin 777-28A0034, dated August 2, 2007; and
Revision 1, dated May 20, 2010.
We have revised paragraphs (c), (g), and (h) of this supplemental
NPRM to refer to Boeing Service Bulletin 777-28A0034, Revision 2, dated
September 20, 2010. In addition, we have added new paragraph (j) to
this supplemental NPRM to provide credit for actions accomplished
before the effective date of this AD in accordance with Boeing Alert
Service Bulletin 777-28A0034, dated August 2, 2007; and Revision 1,
dated May 20, 2010.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the two commenters.
Request To Use Later Revisions of the Maintenance Planning Data (MPD)
Document
Boeing, and Air Transport Association (ATA) on behalf of its member
United Airlines (UAL), requested that the FAA reference later revisions
of the MPD document in paragraph (h) of the original NPRM.
As stated previously, we have removed paragraph (h) (the
requirement to revise the AWL section of the ICA) of the original NPRM.
Therefore, no revision to this supplemental NPRM is necessary in this
regard.
Allow the Use of Later Revisions of Alternative Critical Design
Configuration Control Limitations (CDCCLs)
ATA, on behalf of its member UAL, stated that paragraph (i) of the
original NPRM should include instructions similar to those in paragraph
(i) of AD 2008-11-13, which allows operators to use alternative
``CDCCLs that are part of a later revision of February 2008 of the
MPD'' that is approved by the FAA to avoid confusion and to promote
common compliance rules.
As stated previously, we have removed paragraph (i) of the original
NPRM. Therefore, no revision to this supplemental NPRM is necessary in
this regard.
Request To Revise the Costs of Compliance
Boeing, and ATA on behalf of its member UAL, requested that we
revise the Costs of Compliance section in the original NPRM to include
the cost of parts. ATA stated that the cost of parts presents a
significant expense to the operators since there are 11 MOV actuators
on each of the 197 airplanes affected by the original NPRM, costing
$5,477 per actuator. Boeing stated that the cost of parts is
substantial and, when accounted alongside with the cost of labor,
estimated work-hours, and the total number of affected airplanes, the
cost would be higher than what is stated in the original NPRM.
We agree to include the cost of parts in this supplemental NPRM. We
have revised the Costs of Compliance section accordingly.
Request To Clarify the Accomplishment Instructions in the Service
Bulletin
ATA, on behalf of its member UAL, requested clarification of the
Accomplishment Instructions in Boeing Alert Service Bulletin 777-
28A0034, dated August 2, 2007. UAL asserted that the logical flow
(``if--then'' condition) of the installation instructions is incomplete
and can be further clarified. UAL also stated that certain Boeing 777
aircraft maintenance manuals referenced as sources of guidance in
Boeing Alert Service Bulletin 777-28A0034, dated August 2, 2007, have
two sections, ``Pre'' and ``Post'' Boeing Alert Service Bulletin 777-
28A0034, and that the service bulletin should specify which section is
applicable.
We agree with UAL that some of the instructions in Boeing Alert
Service Bulletin 777-28A0034, dated August 2, 2007, are unclear. Those
issues have been clarified in Boeing Alert Service Bulletin 777-
28A0034, Revision 1, dated May 20, 2010; and Boeing Service Bulletin
777-28A0034, Revision 2, dated September 20, 2010. As stated
previously, we have revised this supplemental NPRM to refer to Boeing
Service Bulletin 777-28A0034, Revision 2, dated September 20, 2010, and
to provide credit for accomplishment of Boeing Alert Service Bulletins
777-28A0034, dated August 2, 2007, and to
[[Page 80740]]
Revision 1, dated May 20, 2010, before the effective date of the AD.
Request To Prohibit the Installation of Part Number (P/N) MA20A1001-1
ATA, on behalf of its member UAL, expressed that the intent of the
original NPRM is to remove the MOV actuator having P/N MA20A1001-1 and
to prohibit installation of P/N MA20A1001-1 once the AD has been
complied with. UAL stated that it has reviewed the NPRM and cannot find
language that prohibits the installation of P/N MA20A1001-1; UAL stated
that such language should be in this proposed AD.
We partially agree. We disagree that it is necessary to
specifically prohibit the installation of P/N MA20A1001-1 once the AD
has been complied with because after accomplishing the mandatory
actions, operators are required to maintain airplanes in compliance
with the AD. To ensure that the unsafe condition cannot be introduced
before compliance with the AD, we have added paragraph (i) to this
supplemental NPRM to prohibit installation of an MOV actuator, P/N
MA20A1001-1, after the effective date of this AD.
Request To Postpone the AD or Extend the Compliance Time
ATA, on behalf of its member UAL, requested that the FAA postpone
the proposed AD or extend the compliance time until reliability issues
pertaining to the MOV actuator with P/N MA30A1001 are resolved. UAL
stated that Boeing Fleet Team Digest 737NG-FTD-28-07002 discusses the
potential of the P/N MA30A1001 actuator having cracked or damaged
capacitors. UAL stated that if the MOV actuators with the defective
design are installed due to regulatory mandate, the opportunity of
actuator failure is introduced, which creates unnecessary economic
burden for operators.
We disagree with UAL's request to postpone the AD or extend the
compliance time. The problem of the capacitor does not constitute a new
unsafe condition. The investigation conducted by the supplier of the
affected MOV actuators concluded that damage to the capacitors was
introduced due to certain manufacturing processes. To address this
issue, the supplier changed manufacturing processes in March 2007. We
are aware that a number of MOV actuators that were produced under the
manufacturing processes before that change were returned to the
supplier between December 2006 and October 2007. Boeing also informed
us that no actuators have been returned to the supplier due to damaged
capacitors since October 2007. We have determined that the
manufacturing process changes have adequately addressed the reliability
issues; therefore, the current inventory of spare MOV actuators would
be unlikely to contain a discrepant part. We consider it inappropriate
to delay this AD since we have determined that an unsafe condition
exists and that replacement of certain parts must be accomplished to
ensure continued safety. We have not changed this supplemental NPRM 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.
Additional Changes to the Original NPRM
In the Costs of Compliance section in the original NPRM, 197
airplanes were estimated to be affected. The correct number of affected
airplanes in this supplemental NPRM is 127 airplanes. We have revised
the Costs of Compliance section accordingly.
We have determined that a review of airplane records will be
adequate to identify the MOV actuator part number. Therefore, we have
added a records review as an option to the inspection in paragraph (g)
of this supplemental NPRM (paragraph (f) in the original NPRM).
We have revised paragraph (h) of this supplemental NPRM (paragraph
(g)(1) in the original NPRM) to specify the correct replacement
actuator part number. We have also revised paragraph (h) of this
supplemental NPRM to allow the installation of a serviceable MOV
actuator. In addition, we have revised paragraph (h) of this
supplemental NPRM to clarify that measuring the electrical resistance
of the bond from the adapter plate is only required at certain MOV
actuator locations.
We have added a new paragraph (d) to this supplemental NPRM to
provide the Air Transport Association of America (ATA) Code 28, Fuel.
This code is added to make this supplemental NPRM parallel with other
new AD actions. We have reidentified subsequent paragraphs accordingly.
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.
Costs of Compliance
We estimate that this proposed AD will affect 127 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Inspection of MOV Actuators... Up to 6 $0 Up to $510........... Up to $64,770.
work[dash]hours
x $85 per hour =
$510.
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We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed inspection.
We have no way of determining the number of aircraft that might need
these replacements.
On-Condition Costs
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Action Labor cost Parts cost Cost per product
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Replacement of MOV Actuator Up to 47 Up to $5,477, per Up to $9,472.
Without Fuel Tank Access. work[dash]hours x actuator.
$85 per hour =
$3,995.
[[Page 80741]]
Replacement of MOV Actuator With Up to 423 Up to $5,477, per Up to $41,432.
Fuel Tank Access. work[dash]hours x actuator.
$85 per hour =
$35,955.
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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, Incorporation by
reference, 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:
The Boeing Company: Docket No. FAA-2008-0847; Directorate Identifier
2008-NM-056-AD.
Comments Due Date
(a) We must receive comments by January 18, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to The Boeing Company Model 777-200, -200LR,
-300, and -300ER series airplanes, certificated in any category; as
identified in Boeing Service Bulletin 777-28A0034, Revision 2, dated
September 20, 2010.
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 electrical current from flowing through a motor operated
valve (MOV) actuator into a fuel tank, which could create a
potential ignition source inside the fuel tank. This condition, 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.
Inspection
(g) Within 60 months after the effective date of this AD, do an
inspection of the MOV actuators of the main and center fuel tanks
for part number (P/N) MA20A1001-1, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 777-28A0034,
Revision 2, dated September 20, 2010. A review of airplane
maintenance records is acceptable in lieu of this inspection if the
part number can be conclusively determined from that review.
Replacement
(h) If any P/N MA20A1001-1 is found during the inspection
required by paragraph (g) of this AD, within 60 months after the
effective date of this AD, replace the MOV actuator with a new or
serviceable MOV actuator, P/N MA30A1001; and as applicable, measure
the electrical resistance of the bond from the adapter plate to the
airplane structure and do all applicable corrective actions; in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 777-28A0034, Revision 2, dated September 20, 2010. Do all
applicable corrective actions before further flight.
Part Installation
(i) As of the effective date of this AD, no person may install
an MOV actuator, P/N MA20A1001-1, on any airplane.
Credit for Actions Accomplished in Accordance With Previous Service
Information
(j) Actions done in accordance with Boeing Alert Service
Bulletin 777-28A0034, dated August 2, 2007; or Boeing Alert Service
Bulletin 777-28A0034, Revision 1, dated May 20, 2010; are considered
acceptable for compliance with the corresponding actions required by
paragraphs (g) and (h) of this AD; except that replacement of an MOV
actuator in accordance with Boeing Alert Service Bulletin 777-
28A0034, dated August 2, 2007, is acceptable for the replacement
required by paragraph (h) of this AD, provided that the replacement
P/N is MA30A1001.
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: Tak Kobayashi, Aerospace Engineer, Propulsion Branch, ANM-
140S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, Washington
98057-3356; telephone (425) 917-6499; 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.
[[Page 80742]]
Issued in Renton, Washington, on December 16, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-32208 Filed 12-22-10; 8:45 am]
BILLING CODE 4910-13-P