[Federal Register Volume 76, Number 37 (Thursday, February 24, 2011)]
[Rules and Regulations]
[Pages 10226-10230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4013]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0698; Directorate Identifier 2009-NM-264-AD;
Amendment 39-16613; AD 2011-05-04]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 757 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. That AD currently requires sealing the
fasteners on the front and rear spars inside the left and right main
fuel tanks and on the rear spar and lower panel of the center fuel
tank. That AD also requires inspections of the wire bundle support
installations to verify if certain clamps are installed and if Teflon
sleeving covers the wire bundles inside the left and right equipment
cooling system bays, on the left and right rear spars, and on the left
and right front spars; and corrective actions if necessary. This new AD
also requires sealing the additional fasteners on the rear spar inside
the left and right main fuel tanks. This AD was prompted by a fuel
system review conducted by the manufacturer. We have received reports
from the manufacturer that additional fasteners in the main fuel tanks
must be sealed for lightning strike protection. We are issuing this AD
to detect and correct improper wire bundle support installation and
sleeving and to prevent improperly sealed fasteners in the main and
center fuel tanks from becoming an ignition source, in the event of a
fault current or lightning strike, which could result in a fuel tank
explosion and consequent loss of the airplane.
DATES: This AD is effective March 31, 2011.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of March 31,
2011.
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. 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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone: 800-647-5527) is Document Management Facility,
U.S. Department of Transportation, Docket
[[Page 10227]]
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
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.; e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede airworthiness directive (AD) 2008-23-19, Amendment
39-15740 (73 FR 71534, November 25, 2008). That AD applies to the
specified products. The NPRM published in the Federal Register on July
23, 2010 (75 FR 43097). That NPRM proposed to continue to require
sealing the fasteners on the front and rear spars inside the left and
right main fuel tanks and on the rear spar and lower panel of the
center fuel tank. That NPRM also proposed to require inspections of the
wire bundle support installations to verify if certain clamps are
installed and if Teflon sleeving covers the wire bundles inside the
left and right equipment cooling system bays, on the left and right
rear spars, and on the left and right front spars; corrective actions
if necessary; and sealing of additional fasteners on the rear spar
inside the left and right main fuel tanks.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and the FAA's response to each comment.
Concurrence With the NPRM
Boeing concurs with the contents of the proposed rule.
Request To Revise the Compliance Time
FedEx, US Airways, Delta, European Air Transport Leipzig GmbH
(European Air)/DHL Air requested a change in the compliance time.
FedEx, Delta, and US Airways requested that we change the compliance
time from ``60 months after December 30, 2008,'' to ``60 months after
the effective date of the final rule'' in paragraph (h) of the NPRM.
European Air/DHL Air requested an extension of the compliance time from
60 months to a minimum of 72 months for airplanes that have already
been modified in accordance with Boeing Alert Service Bulletin 757-
57A0064, dated July 16, 2007. FedEx and Delta stated that fuel tank
access occurs at 72-month intervals. European Air/DHL Air stated that
they purge the fuel tanks during a 4C-check corresponding to 72 months,
12,000 flight cycles, or 24,000 flight hours, whichever occurs first.
European Air/DHL Air stated that the proposed compliance time does not
allow a suitable maintenance opportunity to accomplish the additional
work without disturbing the scheduled maintenance activities. Delta
stated that the proposed compliance time allows approximately 3 years
from the effective date of the final rule. Delta considered this
requirement an undue burden that is not justified. Delta stated that
the SFAR88 initiative and the Aging Aircraft initiatives generally have
a timeline of 60 months to upgrade the airplanes based on the FAA
harmonization policy of the aging airplane programs per ``Fuel Tank
Safety Compliance Extension (Final Rule) and Aging Airplane Program
Update (Request for Comments)'' (69 FR 45936, July 30, 2004).
We agree that the compliance time in paragraph (h) of this AD
should be changed to ``within 60 months after the effective date of
this AD'' to avoid causing an undue burden on operators who have
already accomplished the modification in accordance with Boeing Alert
Service Bulletin 757-57A0064, dated July 16, 2007. In addition, we
consider the following condition may warrant this change in the
compliance time. The additional work specified in Boeing Alert Service
Bulletin 757-57A0064, Revision 1, dated October 5, 2009, is intended to
provide an additional layer of protection to the main fuel tanks to
prevent ignition sources from occurring inside those tanks under a
lightning strike event. The existing fastener installation is able to
tolerate lightning current without introducing ignition sources inside
the main fuel tanks if no failure conditions exist. The additional work
of sealing the affected fasteners will add a fail-safe design feature
to the existing fastener installation so that no ignition sources are
introduced under the presence of single failures. Because of this, we
consider that an acceptable level of safety would still be provided
with this change in the compliance time. We have also limited the
airplanes affected by paragraph (h) of this AD to airplanes on which
Boeing Alert Service Bulletin 757-57A0064, dated July 16, 2007, was
done before the effective date of this AD.
We have also revised paragraph (g) of this AD to add the following
sentence: ``As of the effective date of this AD, only Boeing Alert
Service Bulletin 757-57A0064, Revision 1, dated October 5, 2009, may be
used.''
We do not agree with extending the compliance time to 72 months. In
developing an appropriate compliance time, we considered the safety
implications, parts availability, and normal maintenance schedules for
timely replacement of the fasteners. In consideration of all of these
factors, we determined that the 60-month compliance time represents an
acceptable interval in which the fasteners can be sealed in a timely
manner, while still maintaining an acceptable level of safety.
According to the provisions of paragraph (j) of this AD, operators may
request an alternative method of compliance (AMOC) to request a longer
compliance time, if the request is submitted with substantiating data
that proves that the longer compliance time will provide an acceptable
level of safety. We have not changed the AD further in this regard.
Request To Allow Modification in Accordance With Original Issue of
Service Bulletin
European Air/DHL Air requested that we allow the modification, in
accordance with Boeing Alert Service Bulletin 757-57A0064, dated July
16, 2007, and Boeing Multi Operator Message (MOM) 1-1046487761, dated
November 6, 2008, as an accepted means of compliance. European Air
stated that they started incorporating the modifications specified in
Boeing Alert Service Bulletin 757-57A0064, dated July 16, 2007, and
Boeing MOM 1-1046487761, dated November 6, 2008, before AD 2008-23-19
was issued.
We infer that European Air/DHL Air are requesting that we allow the
modification done in accordance with Boeing Alert Service Bulletin 757-
57A0064, dated July 16, 2007, and Boeing MOM 1-1046487761, dated
November 6, 2008, as a means of compliance with paragraphs (g) and (h)
of this AD. We do not agree. Boeing Alert Service Bulletin 757-57A0064,
dated July 16, 2007, is not sufficient to address the unsafe condition,
and Boeing MOM 1-1046487761, dated November 6, 2008, merely informs
operators of a forthcoming revision to Boeing Alert Service Bulletin
757-57A0064, dated July 16, 2007, which will include additional work of
sealing 40 fasteners that are not identified in Boeing Alert Service
Bulletin 757-57A0064, dated July 16, 2007. Boeing MOM 1-1046487761,
dated November 6, 2008, refers to two sketches that provide the
locations of additional
[[Page 10228]]
fasteners that must be sealed. Those sketches can help operators to
accomplish the additional work, but they only provide figures that are
applicable to certain airplane groups identified in Boeing Alert
Service Bulletin 757-57A0064, dated July 16, 2007. In addition, those
sketches are not a published document and cannot be incorporated by
reference in the AD. We have determined that it is inappropriate to
include Boeing MOM 1-1046487761, dated November 6, 2008, as an accepted
means to comply with the actions required by this AD. However,
operators who have used those data can still request approval of an
AMOC, in accordance with paragraph (j) of this AD. No change has been
made to the AD in this regard.
Request To Clarify Instructions for Continued Airworthiness (ICA)
Continental stated that proper ICA must be provided in order to
prevent inadvertent reversal of implemented changes that can lead to
violation of requirements of the SFAR88 program as well as the final
rule. Continental Airlines requested that we coordinate with Boeing to
ensure proper instructions are provided.
We acknowledge the commenter's concern. Operators and owners are
responsible for ensuring that the configuration mandated by this AD is
maintained in accordance with section 39.7 of the Federal Aviation
Regulations (14 CFR 39.7). If any new airworthiness limitations (AWLs)
related to any of the design features mandated by this AD are
developed, we may consider additional rulemaking to mandate
incorporation of those AWLs into operators' maintenance programs. The
FAA is working with industry to evaluate potential changes to the AD
process that are intended to more clearly identify how to maintain
configurations that are required for AD compliance. We have not changed
the AD regarding this issue.
Request To Allow Alternative Color of Lacing Tape
Continental raised a question regarding the color of lacing tape
specified in Boeing Alert Service Bulletins 757-57A0064, dated July 16,
2007; and Revision 1, dated October 5, 2009. Continental stated that
those service bulletins require use of a lacing tape identified as BMS
13-54, Type III, Class 1, Finish C, Black. Continental stated that a
specific color of the lacing tape should not be mandated. Continental
stated that Boeing Standard Wiring Process Manual 20-10-11 makes no
distinction regarding the color of the lacing tape for sleeve
installation.
We infer that Continental is requesting that we allow any color as
long as the lacing tape is BMS 13-54, Type III, Class 1, Finish C. We
agree to allow the use of white lacing tape because white is a neutral
color that is not associated with any specific color code requirement.
However, we disagree with allowing the use of lacing tape with colors
other than black or white because use of colors other than black or
white may be inconsistent with color-coding used by the manufacturer or
operator, and could create confusion in wiring identification. We have
granted a global AMOC to allow the use of lacing tape BMS 13-54, Type
III, Class 1, Finish C, with white color in place of black color when
accomplishing the actions specified in Boeing Alert Service Bulletin
757-57A0064, dated July 16, 2007, as required by paragraph (f) of AD
2008-23-19, Amendment 39-15740. Paragraph (i) has been added to this AD
to reflect these changes.
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 have determined that
these changes:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
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 667 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
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Action Labor cost Parts cost Cost per product Cost on U.S. operators
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Fastener Sealing and Inspections Up to 545 work-hours x $325 Up to $46,650..................... Up to $31,115,550.
(required by AD 2008-23-19). $85 per hour = Up to
$46,325 per airplane
depending on
configuration.
Main Tank Fastener Sealing (new Up to 30 work-hours x $0 Up to $2,550...................... Up to $1,700,850.
proposed action). $85 per hour = Up to
$2,550.
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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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Clamp Replacement................... Up to 6 work-hours x $0 Up to $510.
$85 per hour = $510.
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According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.
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,
[[Page 10229]]
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 have determined that 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),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
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 removing airworthiness directive (AD)
2008-23-19, Amendment 39-15740 (73 FR 71534, November 25, 2008), and
adding the following new AD:
2011-05-04 The Boeing Company: Amendment 39-16613; Docket No. FAA-
2010-0698; Directorate Identifier 2009-NM-264-AD.
Effective Date
(a) This airworthiness directive (AD) is effective March 31,
2011.
Affected ADs
(b) This AD supersedes AD 2008-23-19, Amendment 39-15740.
Applicability
(c) This AD applies to all The Boeing Company Model 757-200, -
200CB, -200PF, and -300 series airplanes, certificated in any
category.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Unsafe Condition
(e) This AD results from a fuel system review conducted by the
manufacturer. We have received reports from the manufacturer that
additional fasteners in the main fuel tanks must be sealed for
lightning strike protection. The Federal Aviation Administration is
issuing this AD to detect and correct improper wire bundle support
installation and sleeving and to prevent improperly sealed fasteners
in the main and center fuel tanks from becoming an ignition source,
in the event of a fault current or lightning strike, which 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.
Restatement of Requirements of AD 2008-23-19, With Revised Service
Information
Fastener Sealing and Inspections
(g) Within 60 months after December 30, 2008 (the effective date
of AD 2008-23-19), seal the applicable fasteners and do the general
visual inspections of the wire bundle support installations, and do
all the applicable corrective actions before further flight, by
accomplishing all of the applicable actions specified in the
Accomplishment Instructions of Boeing Alert Service Bulletin 757-
57A0064, dated July 16, 2007; or Part 1 through Part 10 of the Work
Instructions of Boeing Alert Service Bulletin 757-57A0064, Revision
1, dated October 5, 2009. As of the effective date of this AD, only
Boeing Alert Service Bulletin 757-57A0064, Revision 1, dated October
5, 2009, may be used.
New Requirements of This AD
Fastener Sealing on the Rear Spar
(h) For airplanes on which the actions in Boeing Alert Service
Bulletin 757-57A0064, dated July 16, 2007, were accomplished before
the effective date of this AD: Within 60 months after the effective
date of this AD, seal the fasteners on the rear spar inside the left
and right main fuel tanks, in accordance with Part 11 of the Work
Instructions of Boeing Alert Service Bulletin 757-57A0064, Revision
1, dated October 5, 2009.
Acceptable Lacing Tape for Repair Actions
(i) Where Boeing Alert Service Bulletin 757-57A0064, Revision 1,
dated October 5, 2009, describes the use of lacing tape BMS 13-54,
Type III, Class 1, Finish C, Black, this AD also allows the use of
lacing tape BMS 13-54, Type III, Class 1, Finish C, White, as an
alternative.
Alternative Methods of Compliance (AMOCs)
(j)(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 Aircraft Certification Office, 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, notify your principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
(3) AMOCs approved previously in accordance with AD 2008-23-19,
Amendment 39-15740, are approved as AMOCs for the corresponding
provisions of paragraph (g) of this AD.
Related Information
(k) For more information about this AD, 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;
e-mail: [email protected].
Material Incorporated by Reference
(l) You must use Boeing Alert Service Bulletin 757-57A0064,
Revision 1, dated October 5, 2009, 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, 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,
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
[[Page 10230]]
material at an NARA facility, 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 February 14, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-4013 Filed 2-23-11; 8:45 am]
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