[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Proposed Rules]
[Pages 68743-68746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30702]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1221; Directorate Identifier 2008-NM-097-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Model 767 airplanes. This proposed AD would require installing 
new panel assemblies in the main equipment center and removing certain 
relays from some panels in the main equipment center. This proposed AD 
would also require revising the maintenance program to incorporate 
airworthiness limitations (AWLs) No. 28-AWL-27 and No. 28-AWL-28. This 
proposed AD results from fuel system reviews conducted by the 
manufacturer. We are proposing this AD to prevent possible sources of 
ignition in a fuel tank caused by electrical fault or uncommanded dry 
operation of the main tank boost pumps and center auxiliary tank 
override and jettison pumps. An ignition source in the fuel tank could 
result in a fire or an explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by February 12, 
2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; e-mail [email protected]; 
Internet https://www.myboeingfleet.com. You may review copies of the 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information 
on the availability of this material at the FAA, call 425-227-1221 or 
425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Louis Natsiopoulos, Aerospace 
Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6478; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-1221; 
Directorate Identifier 2008-NM-097-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The FAA has examined the underlying safety issues involved in fuel 
tank explosions on several large transport airplanes, including the 
adequacy of existing regulations, the service history of airplanes 
subject to those regulations, and existing maintenance practices for 
fuel tank systems. As a result of those findings, we issued a 
regulation titled ``Transport Airplane Fuel Tank System Design Review, 
Flammability Reduction and Maintenance and Inspection Requirements'' 
(67 FR 23086, May 7, 2001). In addition to new airworthiness standards 
for transport airplanes and new maintenance requirements, this rule 
included Special Federal Aviation Regulation No. 88 (``SFAR 88,'' 
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent

[[Page 68744]]

modifications to those airplanes. It requires them to perform design 
reviews and to develop design changes and maintenance procedures if 
their designs do not meet the new fuel tank safety standards. As 
explained in the preamble to the rule, we intended to adopt 
airworthiness directives to mandate any changes found necessary to 
address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: single failures, single failures in 
combination with another latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    We have determined that the actions identified in this AD are 
necessary to reduce the potential of ignition sources inside fuel 
tanks, which, in combination with flammable fuel vapors, could result 
in fuel tank explosions and consequent loss of the airplane.
    Boeing advised us that wiring deterioration or damage in the main 
tank boost pumps or center auxiliary tank override and jettison pumps 
can result in electrical faults. Internal electrical faults in the pump 
or inside the pump wire bundle conduit could cause an ignition source 
in the fuel tank from an overheat condition or electrical arcs. There 
is also a safety concern that the center auxiliary tank override and 
jettison pumps might continue to operate dry for an extended period due 
to electrical faults or a single failure in the pump switch. The 
extended dry operation of the pump could cause overheating, electrical 
arcs, or frictional sparks in the fuel tank. An ignition source in the 
fuel tank could result in a fire or an explosion and consequent loss of 
the airplane.

Other Related Rulemaking

    On May 8, 2008, we issued AD 2008-11-01, amendment 39-15523 (73 FR 
29414, May 21, 2008), for certain Model 767-200, -300, -300F, and -
400ER series airplanes. That AD requires revising the maintenance 
program to incorporate new airworthiness limitations (AWLs) for fuel 
tank systems to satisfy Special Federal Aviation Regulation No. 88 
requirements. That AD also requires an initial inspection to phase in 
certain repetitive AWL inspections, and repair if necessary. That AD 
resulted from a design review of the fuel tank systems. We issued that 
AD to prevent the potential for ignition sources inside fuel tanks 
caused by latent failures, alterations, repairs, or maintenance 
actions, which, in combination with flammable fuel vapors, could result 
in a fuel tank explosion and consequent loss of the airplane. 
Incorporating AWLs No. 28-AWL-27 and No. 28-AWL-28 into the maintenance 
program in accordance with paragraph (g)(2) of AD 2008-11-01 would 
terminate the action required by paragraph (h) of this proposed AD.
    On July 24, 2009, we issued AD 2009-16-06, amendment 39-15989 (74 
FR 38905, August 5, 2009), for all Model 767 airplanes. That AD 
requires installing an automatic shutoff system for the auxiliary fuel 
tank override/jettison fuel pumps (also referred to as center tank fuel 
pumps in the airplane flight manual (AFM)), revising the AFM to advise 
the flightcrew of certain operating restrictions for airplanes equipped 
with an automatic auxiliary fuel tank pump shutoff control, and, for 
certain airplanes, installing a placard to alert the flightcrew of 
certain fuel usage restrictions. That AD provides optional terminating 
actions for certain requirements. That AD results from a design review 
of the fuel tank systems. We issued that AD to prevent an overheat 
condition outside the center tank fuel pump explosion-resistance area 
that is open to the pump inlet, which could cause an ignition source 
for the fuel vapors in the fuel tank and result in fuel tank explosions 
and consequent loss of the airplane. That AD requires installing the 
automatic shutoff system in accordance with Boeing Service Bulletin 
767-28A0083, Revision 2, dated February 12, 2009, for Model 767-200, -
300, and -300F series airplanes; or Boeing Service Bulletin 767-
28A0084, Revision 1, dated April 26, 2007, for Model 767-400ER series 
airplanes. Those service bulletins would be required to be done prior 
to or concurrently with the installation of the panel assemblies 
proposed in this NPRM.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 767-28A0085, dated 
January 10, 2008; and Boeing Service Bulletin 767-28A0085, Revision 1, 
dated June 25, 2009. Those service bulletins describe procedures for 
installing new P140 and P141 panel assemblies (including all applicable 
parts and components) in the main equipment center and removing certain 
relays. Applicable parts and components include, but are not limited 
to, support brackets and wiring supports. Removing certain relays 
involves removing the fuel boost pump control relays from the P33, P36, 
and P37 panels.
    Boeing Alert Service Bulletin 767-28A0085 specifies that installing 
an automatic shutoff system for the auxiliary fuel tank pump specified 
in Boeing Service Bulletin 767-28A0083 should be done before or at the 
same time as installing the new P140 and P141 panel assemblies.
    Boeing Service Bulletin 767-28A0085, Revision 1, dated June 25, 
2009, adds Boeing Service Bulletin 767-28A0084 to the concurrent 
requirements described above, includes information derived from a 
service bulletin validation process, and corrects some part numbers and 
work-hour estimates provided in Boeing Alert Service Bulletin 767-
28A0085, dated January 10, 2008.
    We have also reviewed Section 9 (``AIRWORTHINESS LIMITATIONS (AWLs) 
AND CERTIFICATION MAINTENANCE REQUIREMENTS (CMRs)'') of the Boeing 767 
Maintenance Planning Data (MPD) Document, D622T001-9, Revision March 
2009 (hereafter referred to as ``the MPD''). Subsection E of the MPD 
contains fuel system AWL No. 28-AWL-27 that specifies, for certain 
airplanes, repetitive operational testing of the main fuel tank boost 
pumps and all ground fault indication (GFI) control relays for the 
center auxiliary tank override/jettison fuel pump. Subsection E of the 
MPD also contains fuel system AWL No. 28-AWL-28, that specifies, for 
certain airplanes, repetitive functional testing of the center 
auxiliary fuel tank override/jettison fuel pump uncommanded-on system.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design. 
This proposed AD would require the following actions:
     Installing new P140 and P141 panel assemblies and all 
applicable parts and components in the main equipment center and 
removing certain relays.
     Installing an automatic shutoff system for the center wing 
tank override boost pumps before or concurrently with the installation 
of the new P140 and P141 panel assemblies.
     Revising the maintenance program to incorporate AWL No. 
28-AWL-27

[[Page 68745]]

that specifies, for certain airplanes, repetitive operations testing of 
the main fuel tank boost pumps and all GFI control relays for the 
center auxiliary tank override/jettison fuel pump.
     Revising the maintenance program to incorporate AWL No. 
28-AWL-28, that specifies, for certain airplanes, repetitive functional 
testing of the uncommanded-on system for the override/jettison fuel 
pump of the center auxiliary fuel tank.

Costs of Compliance

    We estimate that this proposed AD would affect 416 airplanes of 
U.S. registry. The following table provides the estimated costs, at an 
average labor rate of $80 per work-hour, for U.S. operators to comply 
with this proposed AD.

                                                 Estimated Costs
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             Action                   Work hours             Parts         Cost per product       Fleet cost
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Installing P140 and P141 panel    Between 230 and     Between $35,573     Between $53,973     Between
 assemblies and removing certain   258.                and $38,211.        and $58,851.        $22,452,768 and
 relays.                                                                                       $24,482,016.
Installing automatic shutoff      Between 3 and 29..  Between $421 and    Between $661 and    Between $274,976
 system (prior/concurrent                              $9,374.             $11,694.            and $4,864,704.
 action).
Revising maintenance program....  1.................  None..............  $80...............  $33,280.
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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 determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866,
    2. Is not a ``significant rule'' under the 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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

The Boeing Company: Docket No. FAA-2009-1221; Directorate Identifier 
2008-NM-097-AD.

Comments Due Date

    (a) We must receive comments by February 12, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category; as 
identified in Boeing Service Bulletin 767-28A0085, Revision 1, dated 
June 25, 2009.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance (AMOC) 
according to paragraph (k) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent possible sources of 
ignition in a fuel tank caused by electrical fault or uncommanded 
dry operation of the main tank boost pumps and center auxiliary tank 
override and jettison pumps. An ignition source in the fuel tank 
could result in a fire or an explosion, and consequent loss of the 
airplane.

Compliance

    (e) Comply with this AD within the compliance times specified, 
unless already done.

Installation of Panel Assemblies and Removal of Relays

    (f) Within 60 months after the effective date of this AD, 
install new P140 and P141 panel assemblies and all applicable parts 
and components in the main equipment center and removing the fuel 
boost pump control relays from the P33, P36, and P37 panels, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-28A0085, dated January 10, 2008; or Boeing 
Service Bulletin 767-28A0085, Revision 1, dated June 25, 2009.

Before/Concurrent Installation

    (g) For airplanes identified in paragraph 1.A.1. of Boeing 
Service Bulletin 767-28A0083, Revision 2, dated February 12, 2009; 
or Boeing Service Bulletin 767-28A0084, Revision 1, dated April 26, 
2007: Before or concurrently with accomplishing

[[Page 68746]]

the action required by paragraph (f) of this AD, install an 
automatic shutoff system for the auxiliary fuel tank pump in 
accordance with the Accomplishment Instructions of the applicable 
service information identified in Table 1 of this AD. Accomplishing 
the requirements of AD 2009-16-06, amendment 39-15989, terminates 
the requirements of this paragraph.

                                     Table 1--Concurrent Service Information
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          Boeing Service Bulletin--              Revision--                         Dated--
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767-28A0083..................................               1  April 26, 2007.
767[dash]28A0083.............................               2  February 12, 2009.
767-28A0084..................................               1  April 26, 2007.
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Maintenance Program Revision

    (h) Concurrently with accomplishing the actions required by 
paragraph (f) of this AD, revise the maintenance program by 
incorporating airworthiness limitations (AWLs) No. 28-AWL-27 and No. 
28-AWL-28 of Section 9 (``AIRWORTHINESS LIMITATIONS (AWLs) AND 
CERTIFICATION MAINTENANCE REQUIREMENTS (CMRs)'') of the Boeing 767 
Maintenance Planning Data (MPD) Document, D622T001-9, Revision March 
2009.

Terminating Action for AWLs Revision

    (i) Incorporating AWLs No. 28-AWL-27 and No. 28-AWL-28 into the 
maintenance program in accordance with paragraph (g)(2) of AD 2008-
11-01, amendment 39-15523, terminates the action required by 
paragraph (h) of this AD.

No Alternative Inspections or Inspection Intervals

    (j) After accomplishing the actions specified in paragraph (h) 
of this AD, no alterative inspections or inspection intervals may be 
used unless the inspections or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (k) of this AD.

AMOCs

    (k)(1) The Manager, Seattle ACO, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. Send information to ATTN: Louis Natsiopoulos, 
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, 
Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356; telephone (425) 917-6478; fax (425) 
917-6590. Or, e-mail information to [email protected].
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office.

    Issued in Renton, Washington, on December 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-30702 Filed 12-28-09; 8:45 am]
BILLING CODE 4910-13-P