[Federal Register Volume 70, Number 96 (Thursday, May 19, 2005)]
[Rules and Regulations]
[Pages 28793-28795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9873]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19998; Directorate Identifier 2004-NM-224-AD; 
Amendment 39-14097; AD 2005-10-20]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 777-200 Series 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 Model 777-200 series airplanes. This AD requires 
replacing the pressure switches on the override/jettison fuel pumps 
with new pressure switches, and replacing the ship side electrical 
connectors for the pressure switches on override/jettison fuel pumps 
with new connectors. This AD is prompted by reports that the ``FUEL LOW 
CENTER'' message does not activate when the fuel level in the center 
tank is low. We are issuing this AD to prevent the fuel pumps in the 
center fuel tank from running dry and becoming a potential ignition 
source, which could result in a fuel tank explosion.

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

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
    Docket: 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-2004-19998; the directorate 
identifier for this docket is 2004-NM-224-AD.

FOR FURTHER INFORMATION CONTACT: Margaret Langsted, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone 
(425) 917-6500; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with an AD for certain Boeing Model 777-200 series airplanes. That 
action, published in the Federal Register on January 5, 2005 (70 FR 
735), proposed to require replacing the pressure switches on the 
override/jettison fuel pumps with new pressure switches, and replacing 
the ship side electrical connectors for the pressure switches on 
override/jettison fuel pumps with new connectors.

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. One commenter concurs with the contents 
of the proposed AD.

Request To Clarify Applicability

    One commenter states that there is a concern for possible 
misinterpretation of the applicability specified in the Summary and 
Applicability sections of the proposed AD. The commenter adds that the 
referenced service bulletin specifically identifies the affected 
airplanes, and it is only applicable to Boeing Model 777-200 series 
airplanes equipped with no center wing tank, and is not applicable to 
Boeing Model 777-200ER series airplanes. The commenter recommends 
clarification that Model 777-200ER series airplanes are not affected be 
added to the proposed AD.
    We acknowledge the commenter's concern and offer clarification. The 
proposed AD is applicable to Boeing Model 777-200 series airplanes, 
certificated in any category; as identified in Boeing Special Attention 
Service Bulletin 777-28-0036, dated September 2, 2004. There are two 
center wing tank configurations certificated on the Model 777-200 
series airplane; the referenced service bulletin identifies the 
airplanes that have the smaller tank configuration. The other Model 
777-200 series airplanes, informally referred to by Boeing as Model 
777-200ER airplanes, have a larger center wing tank and a different 
pump inlet configuration. Therefore, Model 777-200ER airplanes are not 
subject to the identified unsafe condition. We have not changed the 
final rule in this regard.

Request To Change the Costs of Compliance Section/Compliance Time

    One commenter asks that the work hours shown in the estimated costs 
table in the proposed AD be reconsidered. The commenter estimates 5.5 
work

[[Page 28794]]

hours are necessary to perform the modification alone, without taking 
into account the time for access and close up. The commenter adds that 
it is unlikely that this modification can be scheduled on an overnight 
maintenance check, and would most likely be accomplished during 
maintenance base visits. In light of the above, the commenter notes 
that the 24-month compliance time allows little flexibility to 
negotiate unforeseen scheduling problems. The commenter states that any 
deadline requirement that is less than 24 months will require special 
maintenance visits beyond the current schedule to accomplish the 
modification.
    We do not agree that it is necessary to change the work hours in 
this AD, which reflect only the direct costs of the specific required 
actions based on the best data available from the manufacturer. We 
recognize that operators may incur incidental costs (such as the time 
for planning and associated administrative actions) in addition to the 
direct costs. The cost analysis in ADs, however, typically does not 
include incidental costs. The 24-month compliance time in this AD 
should allow ample time for the majority of affected operators to do 
the required actions at the same time as scheduled major airplane 
inspection and maintenance activities, which would reduce the 
additional time and costs associated with special scheduling. We note 
that the 24-month compliance time is consistent with the compliance 
time specified in the referenced service bulletin. We have not changed 
the final rule in this regard.

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 as proposed.

Costs of Compliance

    There are about 61 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this AD.

                                                 Estimated Costs
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                                                                                        Number of
                                               Average                    Cost per        U.S.-
           Action              Work hours    labor rate       Parts       airplane     registered    Fleet cost
                                              per hour                                  airplanes
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Replacement.................            3           $65       $13,430       $13,625            21      $286,125
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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 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
    (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):

2005-10-20 Boeing: Amendment 39-14097. Docket No. FAA-2004-19998; 
Directorate Identifier 2004-NM-224-AD.

Effective Date

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

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 777-200 series airplanes, 
certificated in any category; as identified in Boeing Special 
Attention Service Bulletin 777-28-0036, dated September 2, 2004.

Unsafe Condition

    (d) This AD was prompted by reports that the ``FUEL LOW CENTER'' 
message does not activate when the fuel level in the center tank is 
low. We are issuing this AD to prevent the fuel pumps in the center 
fuel tank from running dry and becoming a potential ignition source, 
which could result in a fuel tank explosion.

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.

Replacement

    (f) Within 24 months after the effective date of this AD, 
replace the pressure switches on the override/jettison fuel pumps 
with new pressure switches, and replace the ship side electrical 
connectors for the pressure switches on the override/jettison fuel 
pumps with new connectors, in accordance with the Accomplishment 
Instructions of Boeing

[[Page 28795]]

Special Attention Service Bulletin 777-28-0036, dated September 2, 
2004.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Seattle Aircraft Certification Office, FAA, has 
the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

Material Incorporated by Reference

    (h) You must use Boeing Special Attention Service Bulletin 777-
28-0036, dated September 2, 2004, 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 
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
To get copies of the service information, contact Boeing Commercial 
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. To view 
the AD docket, go to the Docket Management Facility, U.S. Department 
of Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC. To review copies of the service 
information, go to the National Archives and Records Administration 
(NARA).
    For information on the availability of this material at the 
NARA, 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 May 9, 2005.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-9873 Filed 5-18-05; 8:45 am]
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