[Federal Register Volume 70, Number 31 (Wednesday, February 16, 2005)]
[Rules and Regulations]
[Pages 7841-7845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2831]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18759; Directorate Identifier 2003-NM-280-AD; 
Amendment 39-13973; AD 2005-04-01]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 707-100, -100B, -300, -
300B (Including -320B Variant), -300C, and -E3A (Military) Series 
Airplanes; Model 720 and 720B Series Airplanes; Model 737-100, -200, -
200C, -300, -400, and -500 Series Airplanes; and Model 747 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing transport category airplanes. This AD requires 
repetitive tests of the overwing fuel fill ports for certain wing 
tanks; an electrical bonding resistance test between the bulkhead 
fittings of the engine fuel feed tube and the front spar inside the 
fuel tank of the wings; other specified actions; and applicable 
corrective actions if necessary. This AD is prompted by our 
determination that this AD is necessary to reduce the potential for 
ignition sources inside fuel tanks. We are issuing this AD to prevent 
arcing or sparking at the interface between the bulkhead fittings of 
the engine fuel feed tube and the front spar inside the fuel tank of 
the wings and between the overwing fuel fill ports and the airplane 
structure during a lightning strike. Such arcing or sparking could 
provide a possible ignition source for the fuel vapor inside the fuel 
tank and cause consequent fuel tank explosions.

DATES: This AD becomes effective March 23, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of March 
23, 2005.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207. You can examine this information 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.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (Telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, 
Washington, DC. This docket number is FAA-2004-18759; the directorate 
identifier for this docket is 2003-NM-280-AD.

FOR FURTHER INFORMATION CONTACT:
    Technical information: Sulmo Mariano, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone 
(425) 917-6501; fax (425) 917-6590.
    Plain language information: Marcia Walters, [email protected].

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with an AD for certain Boeing Model 707-100, -100B, -300, -300B 
(including -320B variant), -300C, and -E3A (military) series airplanes; 
Model 720 and 720B series airplanes; Model 737-100, -200, -200C, -300, 
-400, and -500 series airplanes; and Model 747 airplanes. That action, 
published in the Federal Register on August 4, 2004 (69 FR 47031), 
proposed to require

[[Page 7842]]

repetitive tests of the overwing fuel fill ports for certain wing 
tanks; an electrical bonding resistance test between the bulkhead 
fittings of the engine fuel feed tube and the front spar inside the 
fuel tank of the wings; other specified actions; and applicable 
corrective actions if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the proposed AD.

Support for Proposed AD

    Several commenters support the intent of the proposed AD.

Request To Remove Certain Airplane Models

    One commenter has no objection to doing the one-time electrical 
bonding resistance test in paragraph (h) of the proposed AD within the 
proposed 5-year compliance time. However, the commenter believes there 
is little or no data to substantiate that the identified unsafe 
condition exists on Model 737-100, -200, -200C, -300, -400, and -500 
series airplanes, other than similar design. The commenter states that 
the notice of proposed rulemaking (NPRM) is driven by testing done in 
accordance with SFAR 88 requirements, and according to the NPRM, one 
Model 747 series airplane was used for the basis of the NPRM. In 
addition, the commenter states that there is no data to validate 
testing requirements, since no root-cause has been differentiated 
between installation problems during manufacture, bonding breakdown, or 
in-service degradation.
    From this comment, we infer that the commenter is requesting that 
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes be 
removed from the applicability of this AD. We do not agree. The 
commenter is correct that a lightning test on a 747 wing fuel tank 
penetration showed a higher than expected electrical current in the 
fuel feed tubes inside the fuel tank, and that no tests were conducted 
on a 737 wing fuel tank penetration. However, the design of the wing 
fuel tank is identical to that of some Model 707 series airplanes and 
all Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. 
Therefore, all these airplanes are subject to the identified unsafe 
condition. We do not find it necessary to change the final rule in this 
regard.

Requests To Extend Compliance Time

    Several commenters request that the proposed AD be revised to 
extend the 5-year compliance time specified in paragraph (h) of the 
proposed AD. One commenter suggests extending the compliance time to 8 
years. Three commenters suggest extending the compliance time to 6 
years. One commenter notes that there have not been any reported cases 
of arcing occurring at the interface between the bulkhead fittings of 
the engine fuel feed tube and the front spar inside the fuel tank of 
the wings and between the overwing fuel fill ports and the airplane 
structure on any of the affected fleet. The same commenter also notes 
that some of the fleets have been in service over 30 years. Given those 
facts, that commenter believes an equivalent level of safety can be 
maintained over the 6-year compliance time. The commenters contend that 
extending the compliance time will allow affected operators to do the 
required test during a regularly scheduled maintenance interval while 
adoption of the proposed compliance time of within 5 years would 
require operators to schedule special times to do the test, at 
additional expense.
    We do not agree with the request to extend the compliance time 
specified in paragraph (h) of the final rule. The commenters provide no 
technical justification for revising the compliance time. The 
manufacturer has done a risk assessment analysis related to lightning 
strikes on the Model 707, 737, and 747 fleets and determined that an 
acceptable level of safety would be provided by a compliance time of 
five years for accomplishing the actions in the service bulletins 
(specified as the appropriate source of service information for the 
final rule). We agree with the manufacturer's assessment. We have 
determined that the initial compliance time of within five years after 
the effective date of the AD, as specified in paragraph (h) of the 
final rule, is appropriate. We do not find it necessary to change the 
final rule in this regard. However, if anyone wishes to provide 
technical justification, they may request an approval of an alternative 
method of compliance (AMOC) from us, in accordance with paragraph (k) 
of the final rule.

Requests To Allow Operator Equivalent Procedures for Draining and 
Access to the Fuel Tanks

    Two commenters request that operator equivalent procedures (OEP) be 
allowed for draining and gaining access to the fuel tanks. One 
commenter states that it has established procedures for draining and 
accessing the fuel tank in accordance with 29 Code of Federal 
Regulations (CFR) part 1910.146, ``Permit Required Confined Space 
Entry,'' and has maintained personnel proficiency by using these 
procedures.
    We agree that OEPs may be allowed for draining and gaining access 
to the fuel tanks provided those procedures are FAA-accepted 
procedures. The use of OEPs for draining and gaining access to the fuel 
tank does not directly affect the means of correcting the unsafe 
condition. The use of OEPs may also reduce the costs of implementing 
the AD. Therefore, we have added a new paragraph (j) to the final rule 
stating: ``Operators may use their own FAA-accepted equivalent 
procedures for draining the fuel tanks and gaining access to the fuel 
tanks.'' We also revised paragraphs (h) and (i) of the final rule by 
adding ``except as provided by paragraph (j) of this AD'' and we 
revised the paragraph numbering following paragraph (j) of the final 
rule.

Request To Remove Identification of Rear Spar With Service Bulletin 
Number

    One commenter requests to remove the requirement to identify the 
forward surface of the front spar with the service bulletin number or 
equivalent as specified in Figures 1 and 2, step 18, of Boeing Alert 
Service Bulletin 737-28A1174 (cited as an appropriate source of service 
information in the NPRM). The commenter believes there is no real 
benefit to this action and that it creates additional exterior markings 
that must be maintained. The commenter contends that tracking 
accomplishment of the service bulletin via aircraft records should be 
sufficient.
    We agree with the request to remove the requirement to identify the 
front spar with the service bulletin number or equivalent. We have 
determined that it is not necessary to identify the front spar in order 
to show compliance with this AD, because operators are required to 
record compliance with ADs in their airplane records. Therefore, we 
have added a new paragraph (k) in the final rule to explain this 
difference from the service bulletin.

Requests To Allow Equivalent Consumable Parts

    Two commenters request to revise the proposed AD to allow operators 
to use equivalent consumable parts instead of the parts specified in 
Boeing Alert Service Bulletin 737-28A1174. The commenters believe that 
this provision would reduce the number of AMOC requests.
    We do not agree with the requests to allow the use of equivalent 
consumable parts. No technical justification was provided nor any 
specifics of what these ``equivalent consumable parts'' are. We

[[Page 7843]]

do not find it necessary to change the final rule in this regard. 
However, if anyone wishes to provide technical justification, they may 
request an approval of an AMOC from us, in accordance with paragraph 
(k) of the final rule.

Requests To Ensure That Parts are Available

    Two commenters requests that we ensure that required parts are 
available within the 5-year compliance time. No justification was 
provided.
    We do not agree. Most parts for doing the required actions are 
standard materials, like emery paper, coatings, paints, sealant, etc. 
The airplane maintenance facilities should have a ready supply of those 
materials. We have determined that the lead time for obtaining the 
required parts will not exceed the 5-year compliance time, and that 
operators should have enough time to coordinate the purchasing of any 
part or material not on the shelves when they schedule the work 
associated with the requirements of this AD. Therefore, we do not find 
it necessary to change the final rule in this regard.

Clarification of Affected Models

    Boeing Alert Service Bulletin A3505, dated November 1, 2001, 
affects, among other airplane models, Model ``707-320B'' series 
airplanes, which are a variant of Model 707-300B series airplanes. This 
service bulletin does not affect other Model 707-300B series airplanes. 
Whereas, Boeing Service Bulletin 3513, dated November 6, 2003, affects, 
among other airplane models, Model ``707-300B'' series airplanes, 
including Model 707-320B variant. For clarification purposes, we have 
revised the final rule to refer to both models as Model ``707-300B (-
320 variant)'' or ``707-300B (including -320 variant),'' as applicable.

Clarification of Cost Impact

    We have revised the Cost Impact section of the final rule by adding 
the applicable service bulletin for the listed airplane models.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD will affect about 4,303 airplanes worldwide. The average 
labor rate per hour is $65. The following table provides the estimated 
costs for U.S. operators to comply with this AD.

                                                 Estimated Costs
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                                                                             Number of U.S.-
                                                                                airplane
           For model--                  Work hours       Cost per airplane     registered         Fleet cost
                                                                                airplanes
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707-E3A (military), -100, -100B, - 16.................  $1,040.............              41  $42,640.
 300, -300B (-320B variant), and -
 300C series airplanes; and 720
 series airplanes; as listed in
 Boeing Alert Service Bulletin
 A3505, dated November 1, 2001.
707-100, -100B, -300, -300B        Between 4 and 6....  Between $260 and                 73  Between $18,980 and
 (incluidng -320 variant), and -                         $390.                                $28,470.
 300C series airplanes; and 720
 and 720B series airplanes; as
 listed in Boeing Service
 Bulletin 3513, dated November 6,
 2003.
737-100, -200, -200C, -300, -400,  8..................  $520...............           1,095  $569,400.
 and -500 series airplanes; as
 listed in Boeing Service
 Bulletin 737-28A1174, Revision
 1, dated July 18, 2002.
747-100, -100B, -100B SUD, -200B,  70.................  $4,550.............             257  $1,169,350.
 -200C, -200F, -300, -400, -400D,
 and -400F series airplanes; and
 747SP and 747SR series
 airplanes; as listed in Boeing
 Alert Service Bulletin 747-
 28A2239, Revision 1, dated
 October 17, 2002.
747-400 and -400F series           18.................  $1,170.............               1  $1,170.
 airplanes, as listed in Boeing
 Alert Service Bulletin 747-
 28A2245, Revision 1, dated
 August 21, 2003.
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Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, the FAA is charged 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 AD.

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); and

[[Page 7844]]

    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

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 airworthiness 
directive (AD):

2005-04-01 Boeing: Amendment 39-13973. Docket No. FAA-2004-18759; 
Directorate Identifier 2003-NM-280-AD.

Effective Date

    (a) This AD becomes effective March 23, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes listed in Table 1 of this 
AD, certificated in any category.

                         Table 1.--Applicability
------------------------------------------------------------------------
                  Model--                          As listed in--
------------------------------------------------------------------------
(1) 707-E3A (military), -100, -100B, -300,  Boeing Alert Service
 -300B (-320B variant), and -300C series     Bulletin A3505, dated
 airplanes; and 720 series airplanes.        November 1, 2001.
(2) 707-100, -100B, -300, -300B (including  Boeing Service Bulletin
 -320B variant), and -300C series            3513, dated November 6,
 airplanes; and 720 and 720B series          2003.
 airplanes.
(3) 737-100, -200, -200C, -300, -400, and - Boeing Service Bulletin 737-
 500 series airplanes.                       28A1174, Revision 1, dated
                                             July 18, 2002.
(4) 747-100, -100B, -100B SUD, -200B, -     Boeing Alert Service
 200C, -200F, -300, -400, -400D, and -400F   Bulletin 747-28A2239,
 series airplanes; and 747SP and 747SR       Revision 1, dated October
 series airplanes.                           17, 2002.
(5) 747-400 and -400F series airplanes....  Boeing Alert Service
                                             Bulletin 747-28A2245,
                                             Revision 1, dated August
                                             21, 2003.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD was prompted by our determination that this AD is 
necessary to reduce the potential for ignition sources inside fuel 
tanks. We are issuing this AD to prevent arcing or sparking at the 
interface between the bulkhead fittings of the engine fuel feed tube 
and the front spar inside the fuel tank of the wings and between the 
overwing fuel fill ports and the airplane structure during a 
lightning strike. Such arcing or sparking could provide a possible 
ignition source for the fuel vapor inside the fuel tank and cause 
consequent fuel tank explosions.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Service Bulletins

    (f) The term ``service bulletin,'' as used in this AD, means the 
Work Instructions of the applicable service bulletins specified in 
the ``As Listed In'' column of Table 1 of this AD.
    (g) Actions specified in paragraphs (h) through (i) of this AD 
that were done before the effective date of this AD in accordance 
with the applicable service information listed in Table 2 of this AD 
are acceptable for compliance with the applicable requirements of 
this AD.

        Table 2.--Acceptable Original Issues of Service Bulletins
------------------------------------------------------------------------
                                                Boeing Alert Service
                For model--                          Bulletin--
------------------------------------------------------------------------
(1) 737-100, -200, -200C, -300, -400, and - 737-28A1174, dated December
 500 series airplanes.                       20, 2001.
(2) 747-100, -100B, -100B SUD, -200B, -     747-28A2239, dated November
 200C, -200F, -300, -400, -400D, and -400F   29, 2001.
 series airplanes; and 747SP and 747SR
 series airplanes.
(3) 747-400 and -400F series airplanes....  747-28A2245, dated November
                                             26, 2002.
------------------------------------------------------------------------

Resistance Test, Other Specified Actions, and Corrective Actions

    (h) For the airplanes identified in paragraphs (h)(1) through 
(h)(4) of this AD: Within 5 years after the effective date of this 
AD, do an electrical bonding resistance test between the bulkhead 
fittings of the engine fuel feed tube and the front spar inside the 
fuel tank of the wings to determine the resistance, and do other 
specified actions and applicable corrective actions, by 
accomplishing all the actions specified in paragraph 3.B. of the 
applicable service bulletin. Do the actions in accordance with the 
service bulletin, except as provided by paragraphs (j) and (k) of 
this AD. Do the applicable corrective actions before further flight.
    (1) Model 707-E3A (military), -100, -100B, -300, -300B (-320B 
variant), and -300C series airplanes; and Model 720 series 
airplanes.
    (2) Model 737-100, -200, -200C, -300, -400, and -500 series 
airplanes.
    (3) Model 747-100, -100B, -100B SUD, -200B, -200C, -200F, -300, 
-400, -400D, and -400F series airplanes; and Model 747SP and 747SR 
series airplanes.
    (4) Model 747-400 and -400F series airplanes.
    (i) For Model 707-100, -100B, -300, -300B (including -320B 
variant), and -300C series airplanes; and Model 720 and 720B series 
airplanes: Within 5 years after the effective date of this AD, do an 
electrical bonding resistance test of the over-wing fuel fill ports 
for the wing tanks No. 1 and No. 4 and the center wing tank to 
determine the resistance, and do applicable corrective actions, by 
accomplishing all the actions specified in paragraph 3.B. of the 
applicable service bulletin. Do the actions in accordance with the 
service bulletin, except as provided by paragraphs (j) and (k) of 
this AD. Do the applicable corrective actions before further flight. 
Repeat the electrical bonding resistance test thereafter at 
intervals not to exceed 14,000 flight hours.

FAA-Accepted Equivalent Procedures

    (j) Operators may use their own FAA-accepted equivalent 
procedures for draining the fuel tanks and gaining access to the 
fuel tanks.

No Identification of Front Spar

    (k) Although the service bulletin referenced in this AD 
specifies to identify the front spar on the visible forward surface 
with the service bulletin number or equivalent, this AD does not 
include that requirement.

[[Page 7845]]

Alternative Methods of Compliance (AMOCs)

    (l) 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.

Material Incorporated by Reference

    (m) You must use the service information that is specified in 
Table 3 of this AD to perform the actions that are required by this 
AD, unless the AD specifies otherwise. The Director of the Federal 
Register approves the incorporation by reference of those documents 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For copies of 
the service information, contact Boeing Commercial Airplanes, P.O. 
Box 3707, Seattle, Washington 98124-2207. For information on the 
availability of this material at the National Archives and Records 
Administration (NARA), call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. You may view the AD docket at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street SW., room PL-401, Nassif Building, Washington, DC.

                                  Table 3.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
              Boeing--                            Revision level                              Date
----------------------------------------------------------------------------------------------------------------
(1) Alert Service Bulletin A3505...  Original................................  November 1, 2001.
(2) Service Bulletin 3513..........  Original................................  November 6, 2003.
(3) Service Bulletin 737-28A1174...  Revision 1..............................  July 18, 2002.
(4) Alert Service Bulletin 747-      Revision 1..............................  October 17, 2002.
 28A2239.
(5) Alert Service Bulletin 747-      Revision 1..............................  August 21, 2003.
 28A2245.
----------------------------------------------------------------------------------------------------------------


    Issued in Renton, Washington, on January 26, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-2831 Filed 2-15-05; 8:45 am]
BILLING CODE 4910-13-P