[Federal Register Volume 75, Number 4 (Thursday, January 7, 2010)]
[Rules and Regulations]
[Pages 906-910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31070]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1222; Directorate Identifier 2009-NM-153-AD; 
Amendment 39-16160; AD 2008-10-06 R1]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 747-400, -
400D, and -400F Series Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is revising an existing airworthiness directive (AD), 
which applies to certain Model 747-400, -400D, and -400F series 
airplanes. That AD currently requires revising the FAA-approved 
maintenance program by incorporating new airworthiness limitations 
(AWLs) for fuel tank systems to satisfy Special Federal Aviation 
Regulation No. 88 requirements. That AD also requires phasing in 
certain repetitive AWL inspections, and repair if necessary. This AD 
clarifies the intended effect of the AD on spare and on-airplane fuel 
tank system components. This AD results from a design review of the 
fuel tank systems. We are issuing this 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.

[[Page 907]]


DATES: This AD is effective January 22, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of January 22, 
2010.
    On June 12, 2008 (73 FR 25990, May 8, 2008), the Director of the 
Federal Register approved the incorporation by reference of a certain 
publication listed in the AD.
    We must receive any comments on this AD by February 22, 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 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.

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 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: Judy Coyle, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6497; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    On April 28, 2008, we issued AD 2008-10-16, Amendment 39-15512 (73 
FR 25990, May 8, 2008). That AD applied to certain Model 747-400, -
400D, and -400F series airplanes. That AD required revising the FAA-
approved maintenance program by incorporating new airworthiness 
limitations (AWLs) for fuel tank systems to satisfy Special Federal 
Aviation Regulation No. 88 requirements. That AD also required the 
phasing in of certain repetitive AWL inspections, and repair if 
necessary. That AD resulted from a design review of the fuel tank 
systems. The actions specified in that AD are intended 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.
    Critical design configuration control limitations (CDCCLs) are 
limitation requirements to preserve a critical ignition source 
prevention feature of the fuel tank system design that is necessary to 
prevent the occurrence of an unsafe condition. The purpose of a CDCCL 
is to provide instruction to retain the critical ignition source 
prevention feature during configuration change that may be caused by 
alterations, repairs, or maintenance actions. A CDCCL is not a periodic 
inspection.

Actions Since AD Was Issued

    Since we issued that AD, we have determined that it is necessary to 
clarify the AD's intended effect on spare and on-airplane fuel tank 
system components, regarding the use of maintenance manuals and 
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR 
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has 
been issued that contains an airworthiness limitation section unless 
the mandatory * * * procedures * * * have been complied with.

Some operators have questioned whether existing components affected by 
the new CDCCLs must be reworked. We did not intend for the AD to 
retroactively require rework of components that had been maintained 
using acceptable methods before the effective date of the AD. Owners 
and operators of the affected airplanes therefore are not required to 
rework affected components identified as airworthy or installed on the 
affected airplanes before the required revisions of the FAA-approved 
maintenance program. But once the CDCCLs are incorporated into the FAA-
approved maintenance program, future maintenance actions on components 
must be done in accordance with those CDCCLs.

Relevant Service Information

    AD 2008-10-06 cites Boeing Temporary Revision 09-010, dated March 
2008, to the Boeing 747-400 Maintenance Planning Data (MPD) Document, 
D621U400-9. Since we issued that AD, Boeing has revised the referenced 
service information. We have reviewed Revisions April 2008, and March 
2009, to Section 9 of the Boeing 747-400 Maintenance Planning Data 
(MPD) Document, D621U400-9. The revised MPDs add no new procedures, and 
revise certain others.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or 
develop on other airplanes of the same type design. For this reason, we 
are issuing this AD to revise AD 2008-10-06. This new AD retains the 
requirements of the existing AD, and adds a new note to clarify the 
intended effect of the AD on spare and on-airplane fuel tank system 
components.

Explanation of Additional Changes to AD

    AD 2008-10-06 allowed the use of later revisions of the FAA-
approved maintenance program. That provision has been removed from this 
AD. Allowing the use of ``a later revision'' of specific service 
documents violates Office of the Federal Register regulations for 
approving materials that are incorporated by reference. Affected 
operators, however, may request approval to use a later revision of the 
referenced service documents as an alternative method of compliance, 
under the provisions of paragraph (l) of this AD.
    We have revised this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Costs of Compliance

    This revision imposes no additional economic burden. The current 
costs for this AD are repeated for the convenience of affected 
operators, as follows:
    We estimate that this AD affects 596 airplanes of U.S. registry. We 
also estimate that it takes about 48 work-hours per product to comply 
with this AD. The average labor rate is $80 per work-hour. Based on 
these figures, we estimate the cost of this AD to the U.S.

[[Page 908]]

operators to be $2,288,640, or $3,840 per product.

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change 
to the AD's requirements. For this reason, it is found that notice and 
opportunity for prior public comment for this action are unnecessary, 
and good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2009-1222; Directorate Identifier 2009-NM-153-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this 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 AD.

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 the 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. 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 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. The FAA amends Sec.  39.13 by removing amendment 39-15512 (73 FR 
25990, May 8, 2008) and adding the following new AD:

2008-10-06 R1 The Boeing Company: Amendment 39-16160. Docket No. 
FAA-2009-1222; Directorate Identifier 2009-NM-153-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective January 22, 
2010.

Affected ADs

    (b) This AD revises AD 2008-10-06, Amendment 39-15512.

Applicability

    (c) This AD applies to The Boeing Company Model 747-400, -400D, 
and -400F series airplanes, certificated in any category; with an 
original standard airworthiness certificate or original export 
certificate of airworthiness issued before April 12, 2006.

    Note 1: Airplanes with an original standard airworthiness 
certificate or original export certificate of airworthiness issued 
on or after April 12, 2006, must be already in compliance with the 
airworthiness limitations specified in this AD because those 
limitations were applicable as part of the airworthiness 
certification of those airplanes.


    Note 2: 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 (l) 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 a design review of the fuel tank 
systems. We are issuing this 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.

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 Information Reference

    (f) The term ``Revision March 2008 of the MPD,'' as used in this 
AD, means Boeing Temporary Revision (TR) 09-010, dated March 2008. 
Boeing TR 09-010 is published as Section 9 of the Boeing 747-400 
Maintenance Planning Data (MPD) Document, D621U400-9, Revision March 
2008.

Restatement of AD 2008-10-06, With Revised Compliance Method

Maintenance Program Revision

    (g) Before December 16, 2008, revise the FAA-approved 
maintenance program by incorporating the information in the 
subsections specified in paragraphs (g)(1), (g)(2), and (g)(3) of 
this AD; except that the initial inspections specified in Table 1 of 
this AD must be done at the compliance times specified in Table 1.
    (1) Subsection B, ``AIRWORTHINESS LIMITATIONS (AWLs)--SYSTEMS,'' 
of Boeing TR 09-010, dated March 2008; or Section 9, Revision April 
2008, or March 2009, of the Boeing 747-400 Maintenance Planning Data 
(MPD) Document, D621U400-9.
    (2) Subsection C, ``PAGE FORMAT: FUEL SYSTEMS AIRWORTHINESS

[[Page 909]]

LIMITATIONS,'' of Boeing TR 09-010, dated March 2008; or Section 9, 
Revision April 2008, or March 2009, of the Boeing 747-400 MPD, 
Document, D621U400-9.
    (3) Subsection D, ``AIRWORTHINESS LIMITATIONS--FUEL SYSTEMS,'' 
AWLs No. 28-AWL-01 through No. 28-AWL-23 inclusive, of Boeing TR 09-
010, dated March 2008; or Section 9, Revision April 2008, or March 
2009, of the Boeing 747-400 MPD Document, D621U400-9. As an optional 
action, AWLs No. 28-AWL-24 through No. 28-AWL-29 inclusive, as 
identified in Subsection D of Boeing TR 09-010, Revision March 2008; 
or Section 9, Revision April 2008, or March 2009, of the Boeing 747-
400 MPD Document, D621U400-9; also may be incorporated into the FAA-
approved maintenance program.

Initial Inspections and Repair if Necessary

    (h) Do the inspections specified in Table 1 of this AD at the 
compliance time specified in Table 1 of this AD, and repair any 
discrepancy, in accordance with Subsection D of Boeing TR 09-010 
dated March 2008; or Section 9, Revision April 2008, or March 2009, 
of the Boeing 747-400 MPD Document, D621U400-9. The repair must be 
done before further flight. Accomplishing the inspections identified 
in Table 1 of this AD as part of an FAA-approved maintenance program 
before the applicable compliance time specified in Table 1 of this 
AD constitutes compliance with the requirements of this paragraph.

    Note 3: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''


    Note 4: For the purposes of this AD, a special detailed 
inspection is: ``An intensive examination of a specific item, 
installation, or assembly to detect damage, failure, or 
irregularity. The examination is likely to make extensive use of 
specialized inspection techniques and/or equipment. Intricate 
cleaning and substantial access or disassembly procedure may be 
required.''


                                          Table 1--Initial Inspections
----------------------------------------------------------------------------------------------------------------
                                                                  Compliance time (whichever occurs later)
            AWL No.                     Description        -----------------------------------------------------
                                                                    Threshold                 Grace period
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28-AWL-01.....................  A detailed inspection of    Within 144 months since    Within 72 months after
                                 external wires over the     the date of issuance of    June 12, 2008 (the
                                 center fuel tank for        the original standard      effective date of AD
                                 damaged or loose clamps,    airworthiness              2008-10-06).
                                 wire chafing, and wire      certificate or the date
                                 bundles in contact with     of issuance of the
                                 the surface of the center   original export
                                 fuel tank.                  certificate of
                                                             airworthiness.
28-AWL-03.....................  A special detailed          Within 144 months since    Within 24 months after
                                 inspection of the           the date of issuance of    June 12, 2008 (the
                                 lightning shield to         the original standard      effective date of AD
                                 ground termination on the   airworthiness              2008-10-06).
                                 out-of-tank fuel quantity   certificate or the date
                                 indicating system to        of issuance of the
                                 verify functional           original export
                                 integrity.                  certificate of
                                                             airworthiness.
28-AWL-10.....................  A special detailed          Within 144 months since    Within 60 months after
                                 inspection of the fault     the date of issuance of    June 12, 2008 (the
                                 current bond of the         the original standard      effective date of AD
                                 fueling shutoff valve       airworthiness              2008-10-06).
                                 actuator of the center      certificate or the date
                                 wing tank to verify         of issuance of the
                                 electrical bond.            original export
                                                             certificate of
                                                             airworthiness.
----------------------------------------------------------------------------------------------------------------

Incorporation of Additional AWLs for Certain Airplanes

    (i) For Model 747-400 series airplanes equipped with an 
auxiliary fuel tank: Before December 16, 2008, revise the FAA-
approved maintenance program by incorporating AWLs No. 28-AWL-30, 
No. 28-AWL-31, and No. 28-AWL-32 of Subsection D of Boeing TR 09-
010, dated March 2008; or Section 9, Revision April 2008, or March 
2009, of the Boeing 747-400 MPD Document, D621U400-9.

No Alternative Inspections, Inspection Intervals, or Critical Design 
Configuration Control Limitations (CDCCLs)

    (j) After accomplishing the applicable actions specified in 
paragraphs (g), (h), and (i) of this AD, no alternative inspections, 
inspection intervals, or CDCCLs may be used unless the inspections, 
intervals, or CDCCLs are approved as an AMOC in accordance with the 
procedures specified in paragraph (l) of this AD.

Credit for Actions Done According to Previous Revisions of the MPD

    (k) Actions done before June 12, 2008, in accordance with 
Section 9 of the Boeing 747-400 MPD Document, D621U400-9, Revision 
23, dated March 2006; Revision 24, dated June 2006; Revision 
November 2006; Revision December 2006; Revision December 2006 R1; 
Revision May 2007; Revision October 2007; or Revision November 2007; 
are acceptable for compliance with the corresponding requirements of 
paragraphs (g) and (h) of this AD.

New Information

Explanation of CDCCL Requirements

    Note 5: Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the FAA-
approved maintenance program, as required by paragraph (g) of this 
AD, do not need to be reworked in accordance with the CDCCLs. 
However, once the FAA-approved maintenance program has been revised, 
future maintenance actions on these components must be done in 
accordance with the CDCCLs.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, Seattle Aircraft Certification Office, 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: Judy 
Coyle, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6497; 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. 
The AMOC approval letter must specifically reference this AD.
    (3) AMOCs approved previously in accordance with AD 2008-10-06, 
are approved as AMOCs for the corresponding provisions of this AD.

Material Incorporated by Reference

    (m) You must use Boeing Temporary Revision 09-010, dated March 
2008, to the Boeing 747-400 Maintenance Planning Data (MPD) Document 
D621U400-9; Section 9, Revision April 2008, of the Boeing 747-400 
Maintenance Planning Data (MPD) Document, D621U400-9; or Section 9, 
Revision March 2009, of the Boeing 747-400 Maintenance Planning Data 
(MPD) Document, D621U400-9; to do the actions

[[Page 910]]

required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Section 9, Revision April 2008, of the 
Boeing 747-400 Maintenance Planning Data (MPD) Document D62U400-9; 
and Section 9, Revision March 2009, of the Boeing 747-400 
Maintenance Planning Data (MPD) Document, D621U400-9; under 5 U.S.C. 
522(a) and 1 CFR part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Boeing Temporary Revision 09-010, 
dated March 2008, to the Boeing 747-400 MPD Document D621U400-9, on 
June 12, 2008 (73 FR 25990, May 8, 2008).
    (3) For service information identified in this 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.
    (4) You may review copies of the 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.
    (5) You may also review copies of the service information that 
is incorporated by reference 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.

    Issued in Renton, Washington, on December 21, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-31070 Filed 1-6-10; 8:45 am]
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