[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Rules and Regulations]
[Pages 36474-36476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12311]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18784; Directorate Identifier 2004-NM-59-AD; 
Amendment 39-14157; AD 2005-13-20]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747-400, -400D, -400F; 
767-200, -300, -300F; and 777-200 and -300 Series Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 747-400, -400D, -400F; 767-200, -300, -300F; and 
777-200 and -300 series airplanes. This AD requires installing a jumper 
wire between the wiring of the fire extinguisher switch and the fuel 
shutoff switch for each engine, and other specified actions. This AD is 
prompted by a certain combination of conditions, which could cause the 
fuel spar shutoff valves to remain partially open. We are issuing this 
AD to prevent a latent open circuit that could leave the fuel spar 
shutoff valve in a partially open position when the engine fire switch 
is activated, which could result in fuel from the engine feeding an 
uncontrolled fire in the engine or the strut.

DATES: This AD becomes effective July 29, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of July 
29, 2005.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
    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-2004-18784; the directorate 
identifier for this docket is 2004-NM-59-AD.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with an AD for certain Boeing Model 747-400, -400D, -400F; 767-200, -
300, -300F; and 777-200 and -300 series airplanes. That action, 
published in the Federal Register on August 6, 2004 (69 FR 47802), 
proposed to require installing a jumper wire between the wiring of the 
fire extinguisher switch and the fuel shutoff switch for each engine, 
and other specified actions.

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.

Supportive Comment

    One commenter states that they have accomplished the necessary 
airplane modifications on all affected Model 777-200 series airplanes 
in their fleet. In addition, the commenter states that no additional 
work is necessary to comply with Boeing Service Bulletin 777-28-0025, 
Revision 1, dated March 17, 2005. The commenter did not state any 
finding of service problems or errors in either the service bulletins 
or the AD, nor has the commenter suggested any change to the AD. We 
infer that the commenter has no objections to the AD.

Request to Revise Service Bulletin References

    One commenter requests that we coordinate the release of this AD 
with the pending revisions to Boeing Special Attention Service 
Bulletins 747-28-2238, dated October 18, 2001; and 777-28-0025, dated 
January 10, 2002. The commenter states that several information notices 
describe changes to the work instructions that will be incorporated 
into pending service bulletin revisions. If this AD is released calling 
for the un-revised service bulletins, each airline would need to 
request an alternative method of compliance (AMOC) to allow the 
incorporation of the revised work instructions. We infer that the 
commenter wants the AD to reference the revised service bulletins.
    We agree with the commenter's request to reference the revised 
service bulletins. We have reviewed Boeing Service Bulletins 747-28-
2238, Revision 1; and 777-28-0025, Revision 1; both dated March 17, 
2005. The revisions incorporate the changes described in the 
information notices. Paragraph (f) of this AD has been revised to refer 
to Revision 1 of Boeing Service Bulletins 747-28-2238 and 777-28-0025. 
Paragraph (g) of the

[[Page 36475]]

proposed AD already gives credit for actions done before the effective 
date of this AD in accordance with the original issues of these service 
bulletins, so no change is needed to the final rule in this regard.

Request To Allow Standard Parts

    One commenter requests that the AD be revised to allow the use of 
standard materials in accordance with Chapter 20 of the Boeing Standard 
Wiring Practices Manual in place of the specific Boeing part number 
called out in the applicable Boeing service bulletins. While no 
justification is provided, the commenter contends that the use of such 
standard materials would maintain an equivalent level of safety for the 
modification.
    We do not agree with the commenter's request to use the standard 
materials since it is not clear what materials would be substituted or 
how the materials are equivalent in safety. The final rule has not been 
changed in this regard. However, if operators care to provide technical 
justification, they may request approval of an AMOC from the FAA in 
accordance with paragraph (h) of this AD.

Clarification of Revision to Paragraph (g) of This AD

    We have removed reference to Boeing Special Attention Service 
Bulletin 767-28-0066, Revision 1, dated May 29, 2003, from paragraph 
(g) of this AD. The reference is the same as that in paragraph (f) of 
this AD. Paragraph (e) of this AD already gives credit for work done 
before the effective date of the AD.

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 1,882 airplanes worldwide. We estimate 
that 579 airplanes of U.S. registry will be affected by this AD. The 
following table provides the estimated costs for U.S. operators to 
comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                           Average
                   Action model series                     Work hours    labor rate       Parts       Cost per
                                                                          per hour                    airplane
----------------------------------------------------------------------------------------------------------------
Installation 747-400, -400D, -400F......................             4            65         1,450         1,710
Test 747-400, -400D, 400F...............................             2            65           (*)           130
Installation 767-200, -300, -300F.......................             4            65           (*)           760
Test 767-200, -300, -300F...............................             2            65           (*)           130
Installation............................................             4            65           220           480
Test 777-200, -300......................................             2            65           (*)           130
----------------------------------------------------------------------------------------------------------------
*None.

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):

2005-13-20 Boeing: Amendment 39-14157. Docket No. FAA-2004-18784; 
Directorate Identifier 2004-NM-59-AD.

Effective Date

    (a) This AD becomes effective July 29, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747-400, -400D, and -400F 
series airplanes, line numbers 1 through 1276 inclusive; Model 767-
200, -300, and -300F series airplanes, line numbers 1 through 850 
inclusive; and Model 777-200 and -300 series airplanes, line numbers 
1 through 360 inclusive; certificated in any category.

Unsafe Condition

    (d) This AD was prompted by a certain combination of conditions, 
which could cause the fuel spar shutoff valves to remain

[[Page 36476]]

partially open. We are issuing this AD to prevent a latent open 
circuit that could leave the fuel spar shutoff valve in a partially 
open position when the engine fire switch is activated, which could 
result in fuel from the engine feeding an uncontrolled fire in the 
engine or the strut.

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.

Installation of Jumper Wire

    (f) Within 60 months after the effective date of this AD: 
Install a jumper wire between the wiring of the fire extinguisher 
switch and the fuel shutoff switch for each engine, and do all other 
specified actions in the Accomplishment Instructions of Boeing 
Service Bulletin 747-28-2238, Revision 1, dated March 17, 2005 (for 
Model 747-400, -400D, and -400F series airplanes); Boeing Special 
Attention Service Bulletin 767-28-0066, Revision 1, dated May 29, 
2003 (for Model 767-200, -300, and -300F series airplanes); or 
Boeing Service Bulletin 777-28-0025, Revision 1, dated March 17, 
2005 (for Model 777-200 and -300 series airplanes); as applicable.

Credit for Actions Accomplished Previously

    (g) Accomplishment of the actions required by paragraph (f) of 
this AD before the effective date of this AD, in accordance with 
Boeing Special Attention Service Bulletin 747-28-2238, dated October 
18, 2001; or 777-28-0025, dated January 10, 2002; as applicable; is 
considered acceptable for compliance with the corresponding action 
in paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, Seattle Aircraft Certification Office (ACO), 
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

    (i) You must use the service information listed in Table 1 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 these documents in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get copies of 
the service information, go to 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.

              Table 1.--Material Incorporated by Reference
------------------------------------------------------------------------
                                  Revision
        Service bulletin           level                Date
------------------------------------------------------------------------
Boeing Service Bulletin 747-28-          1  March 17, 2005.
 2238.
Boeing Service Bulletin 777-28-          1  March 17, 2005.
 0025.
Boeing Special Attention                 1  May 29, 2003.
 Service Bulletin 767-28-0066.
------------------------------------------------------------------------


    Issued in Renton, Washington, on June 14, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12311 Filed 6-23-05; 8:45 am]
BILLING CODE 4910-13-P