68272 Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Proposed Rules 

Related Information 

(h) Brazilian airworthiness directive 2004–

05–03, dated June 2, 2004, also addresses the 

subject of this AD.

Issued in Renton, Washington, on 

November 10, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–26030 Filed 11–23–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19680; Directorate 

Identifier 2003–NM–215–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767 Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Boeing Model 767 series 

airplanes. This proposed AD would 

require performing a test of the bonding 

resistance between the engine fuel feed 

tube fitting and the front spar, applying 

sealant on a hex nut inside the dry bay, 

and performing any applicable 

corrective actions. This proposed AD is 

prompted by a report that the engine 

fuel feed tubes were found not 

electrically bonded to the front spar. We 

are proposing this AD to prevent an 

ignition source from entering the fuel 

tank during a lightning strike event, 

which could cause a fuel tank 

explosion.

DATES: We must receive comments on 

this proposed AD by January 10, 2005.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• By fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, 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, P.O. Box 3707, 

Seattle, Washington 98124–2207. 

You can examine the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street 

SW., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Technical Information: Bernie Gonzalez, 

Aerospace Engineer, Propulsion Branch, 

ANM–140S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue, 

SW., Renton, Washington 98055–4056; 

telephone (425) 917–6498; fax (425) 

917–6590. 

Plain Language Information: Marcia 

Walters, marcia.walters@faa.gov.

SUPPLEMENTARY INFORMATION: 

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

AD actions are posted on DMS and 

assigned a docket number. We track 

each action and assign a corresponding 

directorate identifier. The DMS AD 

docket number is in the form ‘‘Docket 

No. FAA–2004–99999.’’ The Transport 

Airplane Directorate identifier is in the 

form ‘‘Directorate Identifier 2004–NM–

999–AD.’’ Each DMS AD docket also 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes. 

Comments Invited 

We invite you to submit any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19680; Directorate Identifier 

2003–NM–215–AD’’ in the subject line 

of your comments. We specifically 

invite comments on the overall 

regulatory, economic, environmental, 

and energy aspects of the proposed AD. 

We will consider all comments 

submitted by the closing date and may 

amend the proposed AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http://

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of that 

website, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You can 

review DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78), or you can visit http://

dms.dot.gov. 

We are reviewing the writing style we 

currently use in regulatory documents. 

We are interested in your comments on 

whether the style of this document is 

clear, and your suggestions to improve 

the clarity of our communications that 

affect you. You can get more 

information about plain language at 

http://www.faa.gov/language and http://

www.plainlanguage.gov. 

Examining the Docket 

You can examine the AD docket in 

person at the Docket Management 

Facility office between 9:00 a.m. and 

5:00 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 DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

Discussion 

We have received a report that, during 

electrical bonding and grounding tests 

of penetrations on the wing fuel tanks 

of Boeing Model 747 series airplanes, 

the feed tubes for the engine fuel were 

found not electrically bonded to the 

front spar. The same condition was 

found on Model 767 series airplanes; 

Model 737–100, –200, –200C, –300, 

–400, and –500 series airplanes; and 

Model 707 series airplanes. This 

condition, if not corrected, could result 

in an ignition source entering the fuel 

tank during a lightning strike event, 

which could cause a fuel tank 

explosion. 

Other Relevant Rulemaking 

We previously issued AD 2004–10–

06, amendment 39–13636 (69 FR 28046, 

May 18, 2004), applicable to Model 747 

series airplanes; Model 737–100, –200, 

–200C, –300, –400, and –500 series 

airplanes; and Model 727–100, and –200 

series airplanes. That AD was issued to 

ensure that the similar unsafe condition 

(hydraulic heat exchanger tube 

penetration fittings were found not 

electrically bonded to the fuel tank rear 

spar) was repaired. That AD requires, 

among other things, preparation of the 

electrical bonding faying surfaces for the 

tubing penetrations of the hydraulic 

Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Proposed Rules 68273

heat exchanger on the forward and aft 

surfaces of the rear spars of the fuel 

tanks of the left and right wings, a onetime measurement of the electrical 

bonding resistances, and follow-on 

actions. 

We have also published a proposal to 

amend 14 CFR Part 39 with an AD for 

certain Boeing Model 707–100, –100B, 

–300, –300B (–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 series airplanes in the 

Federal Register on August 4, 2004 (69 

FR 47031). That action proposed to 

require repetitive tests of the overwing 

fuel fill ports for certain wing tanks; an 

electrial 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.

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletins 767–28A0071, 

Revision 1 (for Model 767–200, –300, 

and –300F series airplanes), and 767–

28A0072, Revision 1 (for Model 767–

400ER series airplanes); both dated 

January 22, 2004. These service 

bulletins describe procedures for doing 

a test to determine the bonding 

resistance between the engine fuel feed 

tube fitting and the front spar, applying 

sealant on a hex nut inside the dry bay, 

and doing corrective actions if 

necessary. The corrective actions 

include applying sealant inside and 

outside the fuel tube bulkhead fitting 

and coupling, reworking the bonding 

path, and checking the fuel feed tubes 

for leaks. Accomplishment of the 

actions specified in the applicable 

service bulletin is intended to 

adequately address the identified unsafe 

condition. 

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

develop on other airplanes of this same 

type design. Therefore, we are 

proposing this AD, which would require 

performing a test of the bonding 

resistance between the engine fuel feed 

tube fitting and the front spar, applying 

sealant on a hex nut inside the dry bay, 

and performing any applicable 

corrective actions. The proposed AD 

would require you to use the service 

information described previously to 

perform these actions. 

Costs of Compliance 

There are about 867 airplanes of the 

affected design in the worldwide fleet. 

This proposed AD would affect about 

400 airplanes of U.S. registry. The 

proposed actions would take about 3 

work hours per airplane, at an average 

labor rate of $65 per work hour. Based 

on these figures, the estimated cost of 

the proposed AD for U.S. operators is 

$78,000, or $195 per airplane. 

Regulatory Findings 

We have 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 that the 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed 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, 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.

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD):

Boeing: Docket No. FAA–2004–19680; 

Directorate Identifier 2003–NM–215–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this AD 

action by January 10, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 767–

200, –300, and –300F series airplanes, as 

identified in Boeing Alert Service Bulletin 

767–28A0071, Revision 1, dated January 22, 

2004; and Model 767–400ER series airplanes 

as identified in Boeing Alert Service Bulletin 

767–28A0072, Revision 1, dated January 22, 

2004; certificated in any category. 

Unsafe Condition 

(d) This AD was prompted by a report that 

the engine fuel feed tubes were found not 

electrically bonded to the front spar. We are 

issuing this AD to prevent an ignition source 

from entering the fuel tank during a lightning 

strike event, which could cause 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. 

Service Bulletin Definition 

(f) The term ‘‘service bulletin,’’ as used in 

this AD, means the Work Instructions of the 

following service bulletins, as applicable: 

(1) For Model 767–200, –300, and –300F 

series airplanes: Boeing Alert Service 

Bulletin 767–28A0071, Revision 1, dated 

January 22, 2004; and 

(2) For Model 767–400ER series airplanes: 

Boeing Alert Service Bulletin 767–28A0072, 

Revision 1, dated January 22, 2004. 

Investigative and Corrective Actions 

(g) Within 48 months after the effective 

date of this AD: Do a test of the bonding 

resistance between the engine fuel feed tube 

fitting and the front spar, apply sealant on a 

hex nut inside the dry bay, and do any 

applicable corrective actions, by 

accomplishing all of the actions in the 

applicable service bulletin. Do any applicable 

corrective actions before further flight. 

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.

Issued in Renton, Washington, on 

November 10, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–26029 Filed 11–23–04; 8:45 am] 

BILLING CODE 4910–13–P