[Federal Register Volume 69, Number 4 (Wednesday, January 7, 2004)]
[Rules and Regulations]
[Pages 859-861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-32]



[[Page 859]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-05-AD; Amendment 39-13412; AD 2003-26-13]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 747 series airplanes, that requires 
identification of the valves installed on the engine struts as 
hydraulic supply (fire) shutoff valves for the engine-driven pump, 
corrective action if necessary, and eventual replacement of discrepant 
valves with serviceable parts. This action is necessary to prevent 
leakage of hydraulic (flammable) fluid into an engine fire, which could 
result in an uncontrolled fire. This action is intended to address the 
identified unsafe condition.

DATES: Effective February 11, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 11, 2004.

ADDRESSES: 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 Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 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: Kenneth W. Frey, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 917-6468; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Boeing Model 747 series 
airplanes was published in the Federal Register on April 16, 2003 (68 
FR 18565). That action proposed to require identification of the valves 
installed on the engine struts as hydraulic supply (fire) shutoff 
valves for the engine-driven pump, corrective action if necessary, and 
eventual replacement of discrepant valves with serviceable parts.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for Proposed AD

    Two commenters support the proposed AD.

Request To Add Certain Part Numbers (P/N) for Valve Replacement

    One commenter requests that the proposed AD be revised to include 
hydraulic supply (fire) shutoff valves, P/Ns 10-3200-1 and 10-3200-2. 
The commenter states that these additional valves are not manufactured 
by Circle Seal and should be acceptable replacements. This would 
provide operators with more options when replacing a discrepant Circle 
Seal valve.
    The FAA agrees. Boeing maintenance drawings permit installation of 
valve P/Ns 10-3200-1 and 10-3200-2, and Boeing has agreed that those 
parts are acceptable for replacement of the discrepant Circle Seal 
valves. In addition, we have determined that those valves do not have 
the identified unsafe condition. Therefore, we have revised paragraphs 
(b)(1)(ii) and (b)(3) of this final rule to include valves, P/Ns 10-
3200-1 and 10-3200-2, as acceptable replacements for the discrepant 
Circle Seal valves. Operators should note that Boeing did not include 
those valves in Boeing Alert Service Bulletin 747-29A2102, dated June 
29, 2000 (which was referenced in the proposed AD as the appropriate 
source of service information for the inspection and corrective 
actions), because they are easily damaged by improper engine shut down 
procedures. Such damage necessitates unscheduled replacement of the 
valves with serviceable valves of the same design or modified valves 
having design features, which help prevent such damage. These design 
features were incorporated in valve P/Ns 10-3200-3 and 10-3200-5 
(specified in the service bulletin and proposed AD as the appropriate 
P/N for the replacement valve).

Request To Allow Repetitive Valve Tests Instead of Terminating 
Replacement

    The same commenter requests that the proposed AD be revised to 
allow operators to continue performing the hydraulic supply (fire) 
shutoff valve test after four years from valve identification date. The 
commenter asserts that operational valve replacement should not have a 
mandatory replacement timetable of four years, and that the option to 
replace or continue repetitive testing should be left up to the 
operator to decide.
    We do not agree. The Circle Seal valves having P/N S270T010-3 have 
a known design defect. The failure mode in these valves is not a 
function of time or number of flight cycles. We can better ensure long-
term continued operational safety by modifications or design changes to 
remove the source of the problem, rather than by repetitive 
inspections/testing. Long-term inspections/testing may not provide the 
degree of safety necessary for the transport airplane fleet. This, 
coupled with a better understanding of the human factors associated 
with numerous repetitive inspections, has led us to consider placing 
less emphasis on special procedures and more emphasis on design 
improvements. No change to the final rule is necessary in this regard.

Request To Revise Paragraph (b)(1)(ii) of Proposed AD

    Another commenter, the airplane manufacturer, requests that we 
revise paragraph (b)(1)(ii) of the proposed AD. The commenter states 
that paragraph (b)(1)(ii) of the proposed AD does not allow replacement 
of an inoperative valve with a valve, P/N S270T010-3, because that 
paragraph only refers to paragraph 3.I. of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 747-29A2102. However, 
paragraph (c) of the proposed AD specifies that a valve, P/N S270T010-
3, may be installed if requirements of the AD are accomplished.
    We agree. It was our intention to allow a valve, P/N S270T010-3, to 
be installed if a P/N 10-3200-3 or 10-3200-5 is not available and to 
allow the valve to remain installed (until replacement per paragraph 
(b)(3) of the AD) as long as it continues to pass the repetitive 
hydraulic supply (fire) shutoff valve test, per paragraph 3.J. of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
29A2102. Therefore, we have revised paragraph (b)(1)(ii) of this final 
rule to allow operators to install a valve, P/N S270T010-3, as a 
replacement as long as the repeated testing is performed per paragraph 
3.J. of the service bulletin in accordance with paragraph (b)(2) of 
this final rule.

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Request To Revise Preamble and Paragraph (e) of Proposed AD

    The same commenter requests that we make the following changes to 
the preamble and paragraph (e) of the proposed AD:
    [sbull] In the ``Discussion'' section in the preamble of the 
proposed AD, identify the model for which the reports indicating 
malfunctioning valves were received and on which the failure mode was 
discovered during production testing as Boeing Model 737, 757, and 767 
series airplanes, not Model 747 series airplanes. The commenter 
explains that no reports were received on Model 747 airplanes.
    [sbull] In paragraph (e) of the proposed AD, omit the duplicate 
reference to the ``sections.''
    We partially agree with the commenter's requests:
    [sbull] We agree that the models for which the original 
malfunctioning valve reports on which the failure mode was discovered 
were Model 737, 757, and 767 series airplanes--not Model 747 series 
airplanes. However, the ``Discussion'' section is not restated in this 
final rule, and, therefore, no change to the final rule is necessary in 
this regard.
    [sbull] We do not agree that the second reference to the 
``sections'' in paragraph (e) of the proposed AD has been duplicated. 
The parenthetical reference to sections 21.197 and 21.199 of the 
Federal Aviation Regulations provides the full Code of Federal 
Regulations citation for those sections, which is the legal citation. 
No change to the final rule is necessary in this regard.

Explanation of Change Made to the Cost Impact Section of the Final Rule

    Because the cost impact figures discussed in AD rulemaking actions 
represent only the time necessary to perform the specific actions 
actually required by the AD, we have revised the Cost Impact section of 
this final rule to specify an estimate of four work hours for the valve 
replacement instead of the estimated six work hours specified in the 
proposed rule for that action. The six work hours specified in the 
proposed rule included incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions. Those costs are not typically included in AD 
rulemaking actions.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Change to Labor Rate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 681 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 130 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 1 work 
hour per airplane to identify the valve, and that the average labor 
rate is $65 per work hour. Based on these figures, the cost impact of 
the AD on U.S. operators is estimated to be $8,450, or $65 per 
airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.
    Replacing a valve, if required, will take approximately 4 work 
hours, at an average labor rate of $65 per work hour. Required parts 
and hydraulic fluid will cost approximately $4,438 per valve. Based on 
these figures, the cost impact of replacing a valve is estimated to be 
$4,698.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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

0
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

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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-26-13 Boeing: Amendment 39-13412. Docket 2003-NM-05-AD.

    Applicability: Model 747 series airplanes, certificated in any 
category, as listed in Boeing Alert Service Bulletin 747-29A2102, 
dated June 29, 2000.

    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

[[Page 861]]

alternative method of compliance in accordance with paragraph (d) 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 leakage of hydraulic (flammable) fluid into an engine 
fire, which could result in an uncontrolled fire, accomplish the 
following:

Part Identification

    (a) Within 6 months after the effective date of this AD, check 
maintenance records or perform a general visual inspection of each 
engine strut to determine whether any discrepant valve is installed 
as a hydraulic supply (fire) shutoff valve for the engine-driven 
pump. A discrepant valve is a Circle Seal valve part number (P/N) 
S270T010-3 or a valve that cannot be readily identified. Identify 
the part in accordance with Boeing Alert Service Bulletin 747-
29A2102, dated June 29, 2000. If no discrepant valve is installed, 
no further work is required by this paragraph.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Corrective Actions for Discrepant Valves

    (b) For any discrepant valve found during the part 
identification required by paragraph (a) of this AD:
    (1) Within 6 months after the effective date of this AD, do a 
hydraulic supply (fire) shutoff valve test, in accordance with 
paragraph 3.J. of the Accomplishment Instructions of Boeing Alert 
Service Bulletin 747-29A2102, dated June 29, 2000.
    (i) If the valve passes the test, repeat the test in accordance 
with paragraph (b)(2) of this AD.
    (ii) If the valve does not pass the test: Before further flight, 
replace the valve with a serviceable valve, P/N S270T010-3, 10-3200-
1, 10-3200-2, or a valve identified in paragraph 3.I. of the 
Accomplishment Instructions of the service bulletin; and do a 
hydraulic supply (fire) shutoff valve test; in accordance with the 
Accomplishment Instructions of the service bulletin. Replacement 
with a serviceable valve, P/N 10-3200-1, 10-3200-2, or a valve 
identified in paragraph 3.I. of the Accomplishment Instructions of 
the service bulletin, terminates the repetitive tests required by 
paragraph (b)(2) of this AD for that valve. If a P/N S270T010-3 
valve is installed as a replacement, repeated testing must be 
performed per paragraph 3.J. of the Accomplishment Instructions of 
the service bulletin in accordance with paragraph (b)(2) of this AD.
    (2) Repeat the test specified in paragraph (b)(1) of this AD on 
each discrepant valve at intervals not to exceed 6 months, until the 
actions specified by paragraph (b)(3) of this AD have been 
accomplished.
    (3) Within 4 years after identifying the valve as required by 
paragraph (a) of this AD: Replace each discrepant valve with a 
serviceable valve, P/N 10-3200-1, 10-3200-2, or a valve identified 
in paragraph 3.I. of the Accomplishment Instructions of the service 
bulletin, and do a hydraulic supply (fire) shutoff valve test, in 
accordance with the Accomplishment Instructions of the service 
bulletin. Replacement with a serviceable valve, P/N 10-3200-1, 10-
3200-2, or a valve identified in paragraph 3.I. of the 
Accomplishment Instructions of the service bulletin terminates the 
repetitive tests required by paragraph (b)(2) of this AD for that 
valve.

Part Installation

    (c) As of the effective date of this AD, no person may install a 
Circle Seal valve P/N S270T010-3 on any airplane unless the 
requirements of this AD are accomplished for that valve.

Alternative Methods of Compliance

    (d) 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. 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.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (e) Special flight permits may be issued in accordance with 
Sec. Sec.  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.

Incorporation by Reference

    (f) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Alert Service Bulletin 747-29A2102, 
dated June 29, 2000. This incorporation by reference was approved by 
the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. 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.

Effective Date

    (g) This amendment becomes effective on February 11, 2004.

    Issued in Renton, Washington, on December 23, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-32 Filed 1-6-04; 8:45 am]
BILLING CODE 4910-13-P