[Federal Register Volume 63, Number 241 (Wednesday, December 16, 1998)]
[Rules and Regulations]
[Pages 69185-69187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33104]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-336-AD; Amendment 39-10945; AD 98-26-04]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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[[Page 69186]]

SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Boeing Model 757 series airplanes, that 
currently requires an inspection of the engine fuel shutoff valves 
(spar valves) to detect leakage of fuel and to ensure that no leakage 
occurs when the valves are commanded to close. That amendment also 
requires an alignment procedure of the engine fuel shutoff valves, if 
necessary. This amendment expands the applicability of the existing AD. 
This amendment is prompted by additional reports that certain crossfeed 
valve assemblies and engine shutoff valve assemblies were improperly 
installed during manufacturing of the airplane. The actions specified 
in this AD are intended to prevent uncommanded fuel flow from the fuel 
tanks to the engine nacelle, which could result in reduced airplane 
fire protection in the event of a leak in the engine fuel line or a 
fire in the engine nacelle.

DATES: Effective December 31, 1998.
    The incorporation by reference of Boeing Alert Service Bulletin 
757-28A0045, Revision 1, dated November 19, 1998, as listed in the 
regulations, is approved by the Director of the Federal Register as of 
December 31, 1998.
    The incorporation by reference of Boeing Alert Service Bulletin 
757-28A0045, dated July 30, 1996, as listed in the regulations, was 
approved previously by the Director of the Federal Register as of 
August 28, 1996 (61 FR 41953, August 13, 1996).
    Comments for inclusion in the Rules Docket must be received on or 
before February 16, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-336-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 
98124-2207. This information may be examined at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Kathrine Rask, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington; telephone (425) 227-
1547; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: On August 6, 1996, the FAA issued AD 96-17-
02, amendment 39-9710 (61 FR 41953, August 13, 1996), applicable to 
certain Boeing Model 757 series airplanes. That AD requires an 
inspection of the engine fuel shutoff valves (spar valves) to detect 
leakage of fuel and to ensure that no leakage occurs when the valves 
are commanded to close. That AD also requires an alignment procedure of 
the engine fuel shutoff valves, if necessary. That action was prompted 
by reports that certain engine shutoff valve assemblies were improperly 
installed during manufacturing of the airplane. The actions required by 
that AD are intended to prevent uncommanded fuel flow from the fuel 
tanks to the engine nacelle, which could result in reduced aircraft 
fire protection in the event of a leak in the engine fuel line or a 
fire in the engine nacelle.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the FAA has received information 
that certain fuel crossfeed valve assemblies, which are identical to 
the engine fuel shutoff valves referenced in AD 96-17-02, were 
installed improperly on one other Boeing Model 757 series airplane 
during manufacture. Upon further investigation, the manufacturer found 
several in-service airplanes that were assembled with uncertain 
processes may have engine fuel shutoff valves that were installed 
improperly. The line numbers on these airplanes were not included in 
the applicability of AD 96-17-02, although these airplanes may be 
subject to the same unsafe condition specified in that AD. Improperly 
installed crossfeed valve assemblies or engine fuel shutoff valve 
assemblies, if not corrected, could lead to uncommanded fuel flow from 
the fuel tanks to the engine nacelle, which could result in reduced 
airplane fire protection in the event of a leak in the engine fuel line 
or a fire in the engine nacelle.

Explanation of Relevant Service Information

    As a result of these new findings, the manufacturer issued, and the 
FAA has reviewed and approved, Boeing Alert Service Bulletin 757-
28A0045, Revision 1, dated November 19, 1998. This revision is 
essentially identical to the procedures in the original issue but adds 
airplanes to the effectivity listing and additional instructions for 
operators with Pratt & Whitney-powered airplanes that have the optional 
interstage fuel pressure system. Accomplishment of the actions 
specified in the alert service bulletin is intended to adequately 
address the identified unsafe condition.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of this same type design, this AD 
supersedes AD 96-17-02 to continue to require an inspection of the 
engine fuel shutoff valves (spar valves) to detect leakage of fuel and 
to ensure that no leakage occurs when the valves are commanded to 
close. This AD also continues to require an alignment procedure of the 
engine fuel shutoff valves, if necessary. This new AD revises the 
applicability of the existing AD to include airplanes that are subject 
to the same unsafe condition.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following

[[Page 69187]]

statement is made: ``Comments to Docket Number 98-NM-336-AD.'' The 
postcard will be date stamped and returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by removing amendment 39-9710 (61 FR 
41953, August 13, 1996), and by adding a new airworthiness directive 
(AD), amendment 39-10945, to read as follows:

98-26-04  Boeing: Amendment 39-10945. Docket 98-NM-336-AD. 
Supersedes AD 96-17-02, amendment 39-9710.

    Applicability: Model 757 series airplanes, as listed in Boeing 
Alert Service Bulletin 757-28A0045, Revision 1, dated November 19, 
1998; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c)(1) 
of this AD. The request should include an assessment of the effect 
of the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent uncommanded fuel flow from the fuel tanks to the 
engine nacelle in the event of a leak in the engine fuel line or a 
fire in the engine nacelle, accomplish the following:

Restatement of Requirements of AD 96-17-02

    (a) For Model 757 series airplanes having line positions 478 
through 699 inclusive: Within 60 days after August 28, 1996 (the 
effective date of AD 96-17-02, amendment 39-9710), perform an 
inspection to detect leakage of the fuel shutoff (spar) valves and 
verify that the valves do not leak when commanded to close, in 
accordance with Boeing Alert Service Bulletin 757-28A0045, dated 
July 30, 1996.
    (l) If both fuel shutoff valves pass the inspection for leakage 
and the valves close when commanded, no further action is required 
by this AD.
    (2) If either or both of the fuel shutoff valves do not pass the 
inspection for leakage: Prior to further flight, adjust the engine 
fuel shutoff valve(s) in accordance with Part III of the alert 
service bulletin and repeat the requirements of paragraph (a) of 
this AD.

New Requirements of This AD

    (b) For Model 757 series airplanes, having line positions 700 
through 710 inclusive, 712, 718, and 719: Within 60 days after the 
effective date of this AD, perform an inspection to detect leakage 
of the fuel shutoff (spar) valves and verify that the valves do not 
leak when commanded to close, in accordance with Boeing Alert 
Service Bulletin 757-28A0045, Revision 1, dated November 19, 1998.
    (l) If both fuel shutoff valves pass the inspection for leakage 
and the valves close when commanded, no further action is required 
by this AD.
    (2) If either or both of the fuel shutoff valves do not pass the 
inspection for leakage: Prior to further flight, adjust the engine 
fuel shutoff valve(s) in accordance with Part III of the alert 
service bulletin and repeat the requirements of paragraph (b) of 
this AD.
    (c)(1) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Seattle ACO.
    (c)(2) Alternative methods of compliance, approved previously in 
accordance with AD 96-17-02, amendment 39-9710, are approved as 
alternative methods of compliance with this AD.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

    (d) Special flight permits may be issued in accordance with 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished.
    (e) The inspection and adjustment shall be done in accordance 
with Boeing Alert Service Bulletin 757-28A0045, dated July 30, 1996, 
or Boeing Alert Service Bulletin 757-28A0045, Revision 1, dated 
November 19, 1998.
    (1) The incorporation by reference of Boeing Alert Service 
Bulletin 757-28A0045, Revision 1, dated November 19, 1998, is 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The incorporation by reference of Boeing Alert Service 
Bulletin 757-28A0045, dated July 30, 1996, was approved previously 
by the Director of the Federal Register as of August 28, 1996 (61 FR 
41953, August 13, 1996).
    (3) Copies may be obtained from Boeing Commercial Airplane 
Group, P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (f) This amendment becomes effective on December 31, 1998.

    Issued in Renton, Washington, on December 8, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-33104 Filed 12-15-98; 8:45 am]
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