[Federal Register Volume 69, Number 226 (Wednesday, November 24, 2004)]
[Proposed Rules]
[Pages 68272-68273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26029]


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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).

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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.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
    <bullet> By fax: (202) 493-2251.
    <bullet> 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, <a href="/cdn-cgi/l/email-protection#0865697a6b6169267f69647c6d7a7b486e6969266f677e"><span class="__cf_email__" data-cfemail="d4b9b5a6b7bdb5faa3b5b8a0b1a6a794b2b5b5fab3bba2">[email protected]</span></a>.

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

[[Page 68273]]

heat exchanger on the forward and aft surfaces of the rear spars of the 
fuel tanks of the left and right wings, a one-time 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  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


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