Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Rules and Regulations 68177 

Issued in Renton, Washington, on October 

18, 2010. 

Michael J. Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–27611 Filed 11–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1040; Directorate 

Identifier 2010–NM–207–AD; Amendment 

39–16492; AD 2010–23–03] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 757 and 767 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD requires 

repetitive testing for correct functioning 

of the engine indication and crew 

alerting system (EICAS) to ensure that it 

receives both the LOW FUEL and FUEL 

CONFIG discrete signals from the fuel 

quantity processor unit, and alerts the 

flightcrew of a low fuel situation, and if 

the test fails, troubleshooting to find 

wire faults and damaged equipment, 

and corrective actions if necessary. This 

AD was prompted by a report that the 

EICAS failed to alert the flightcrew of an 

improper fuel system configuration 

during flight. Later in that flight, the 

EICAS failed to alert the flightcrew that 

the fuel in the left- and right-hand main 

tanks was depleted below the minimum 

of 2,200 pounds. We are issuing this AD 

to detect and correct a single latent 

failure of the FUEL CONFIG discrete 

signal, which disables both the FUEL 

CONFIG and LOW FUEL messages. 

Such failure, combined with a 

flightcrew error in configuring the fuel 

system, could lead to depletion of the 

fuel in the main tanks and possible 

flame out of both engines. A dual engine 

flame out could result in inaccessibility 

of the remaining fuel in the center tank 

due to loss of electrical power to the 

pumps, consequent unrecoverable dual 

engine shutdown, and forced landing of 

the airplane. 

DATES: This AD is effective November 

22, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of November 22, 2010. 

We must receive comments on this 

AD by December 20, 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 

me.boecom@boeing.com; 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. 

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 (phone: 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: Tak 

Kobayashi, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6499; fax (425) 917–6590; 

e-mail: takahisa.kobayashi@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We received a report from an operator 

of a Model 757–200 series airplane that 

the engine indication and crew alerting 

system (EICAS) failed to alert the 

flightcrew of an improper fuel system 

configuration during flight. Later in that 

flight, the EICAS failed to alert the 

flightcrew that the fuel in the left- and 

right-hand main tanks was depleted 

below the minimum of 2,200 pounds. 

The EICAS receives both the LOW FUEL 

and FUEL CONFIG discrete signals from 

the fuel quantity processor unit to 

display certain messages to alert the 

flightcrew. When the center fuel tank 

pump switches are off with more than 

200 pounds of fuel in the center tank the 

EICAS should display the FUEL 

CONFIG advisory message. When the 

fuel in either main tank is below 2,200 

pounds, the EICAS should display the 

LOW FUEL caution message. The EICAS 

design allows a single latent failure of 

the FUEL CONFIG discrete signal, 

which disables both the FUEL CONFIG 

and LOW FUEL messages. Such failure, 

combined with a flightcrew error in 

configuring the fuel system, could lead 

to depletion of the fuel in the main 

tanks and possible flame out of both 

engines. A dual engine flame out could 

result in inaccessibility of the remaining 

fuel in the center tank due to loss of 

electrical power to the pumps, 

consequent unrecoverable dual engine 

shutdown, and forced landing of the 

airplane. 

The fuel quantity indicating system 

(FQIS), EICAS, and large format display 

system (LFDS) installed on Model 757– 

200 series airplanes are similar to the 

systems installed on Model 767 

airplanes. Therefore, Model 767 

airplanes are also subject to the 

identified unsafe condition and are 

included in the applicability of this AD. 

Relevant Service Information 

We reviewed Boeing Special 

Attention Service Bulletins 757–28– 

0121, dated August 18, 2010; and 767– 

28–0106, dated August 25, 2010. The 

service information describes 

procedures for repetitive testing for 

correct functioning of the EICAS, and if 

the test fails, troubleshooting to find 

wire faults, bent connector pins, or 

damaged equipment. Boeing Special 

Attention Service Bulletin 757–28– 

0121, dated August 18, 2010, also 

specifies procedures for corrective 

actions if any wire fault or damaged 

equipment (including bent connector 

pins) is found. The corrective actions 

include repairing or replacing affected 

wires and damaged equipment 

(including bent connector pins). 

FAA’s Determination 

We are issuing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of these same 

type designs. 

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68178 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Rules and Regulations 

AD Requirements 

This AD requires accomplishing the 

actions specified in the service 

information described previously, 

except as discussed under ‘‘Difference 

Between the AD and the Service 

Information.’’ 

Difference Between the AD and the 

Service Information 

Boeing Special Attention Service 

Bulletins 767–28–0106, dated August 

25, 2010, does not specify instructions 

on how to repair certain conditions, but 

this AD would require repairing those 

conditions in one of the following ways: 

• In accordance with a method that 

we approve; or 

• Using data that meet the 

certification basis of the airplane, and 

that have been approved by the Boeing 

Commercial Airplanes Organization 

Designation Authorization (ODA) whom 

we have authorized to make those 

findings. 

Interim Action 

We consider this AD interim action. 

The manufacturer is currently 

developing a modification that will 

address the unsafe condition identified 

in this AD. Once this modification is 

developed, approved, and available, we 

might consider additional rulemaking. 

FAA’s Justification and Determination 

of the Effective Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because if the EICAS malfunctions, 

the flightcrew will not be alerted of a 

low fuel situation, which could result in 

depletion of the fuel in the main tanks 

and consequent unrecoverable dual 

engine shutdown and forced landing of 

the airplane. Therefore, we find that 

notice and opportunity for prior public 

comment are impracticable and that 

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 

was not preceded by notice and an 

opportunity for public comment. 

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– 

2010–1040; Directorate Identifier 2010– 

NM–207–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. 

Costs of Compliance 

We estimate that this AD affects 686 

Model 757 airplanes and 425 Model 767 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators 

EICAS test ............. 1 work-hour × $85 per hour = $85 per 

test cycle.

N/A ................... $85 per test cycle .. $58,310 (for Model 757 airplanes). 

$36,125 (for Model 767 airplanes). 

We have received no definitive data 

that would enable us to provide a cost 

estimate for the on-condition actions 

specified in 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 

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), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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): 

2010–23–03 The Boeing Company: 

Amendment 39–16492; Docket No. 

FAA–2010–1040; Directorate Identifier 

2010–NM–207–AD. 

Effective Date 

(a) This AD is effective November 22, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to The Boeing 

Company Model 757–200, 200CB, –200PF, 

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Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Rules and Regulations 68179 

and –300 series airplanes, line numbers 1 

through 1050 inclusive, and all Model 767– 

200, –300, –300F, and –400ER series 

airplanes; certificated in any category. 

Subject 

(d) Joint Aircraft System Component 

(JASC)/Air Transport Association (ATA) of 

America Code 28: Fuel. 

Unsafe Condition 

(e) This AD was prompted by a report that 

the EICAS failed to alert the flightcrew of an 

improper fuel system configuration during 

flight. Later in that flight the EICAS failed to 

alert the flightcrew that the fuel in the leftand right-hand main tanks was depleted 

below the minimum of 2,200 pounds. We are 

issuing this AD to detect and correct a single 

latent failure of the FUEL CONFIG discrete 

signal, which disables both the FUEL 

CONFIG and LOW FUEL messages. Such 

failure, combined with a flightcrew error in 

configuring the fuel system, could lead to 

depletion of the fuel in the main tanks and 

possible flame out of both engines. A dual 

engine flame out could result in 

inaccessibility of the remaining fuel in the 

center tank due to loss of electrical power to 

the pumps, consequent unrecoverable dual 

engine shutdown, and forced landing of the 

airplane. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 

Repetitive Tests 

(g) Within 100 flight hours after the 

effective date of this AD: Do a test for correct 

functioning of the EICAS to ensure that it 

receives both the LOW FUEL and FUEL 

CONFIG discrete signals from the fuel 

quantity processor unit, in accordance with 

the Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 757–28– 

0121, dated August 18, 2010; or Boeing 

Special Attention Service Bulletin 767–28– 

0106, dated August 25, 2010; as applicable. 

Repeat the test thereafter at intervals not to 

exceed 100 flight hours. 

Corrective Actions If Necessary 

(h) If any test required by paragraph (g) of 

this AD fails, before further flight, 

troubleshoot to find any wire faults, and 

damaged equipment (including bent 

connector pins), in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 757–28– 

0121, dated August 18, 2010; or Boeing 

Special Attention Service Bulletin 767–28– 

0106, dated August 25, 2010; as applicable. 

(i) If, during any troubleshooting required 

by paragraph (h) of this AD, any wire fault 

or damaged equipment (including bent 

connector pins) is found, before further 

flight, do the applicable actions specified in 

paragraph (i)(1) or (i)(2) of this AD. 

(1) For airplanes identified in Boeing 

Special Attention Service Bulletin 757–28– 

0121, dated August 18, 2010: Repair or 

replace affected wires and equipment 

(including bent connector pins), in 

accordance with the Accomplishment 

Instructions of Boeing Special Attention 

Service Bulletin 757–28–0121, dated August 

18, 2010. 

(2) For airplanes identified in Boeing 

Special Attention Service Bulletin 767–28– 

0106, dated August 25, 2010: Do corrective 

actions using a method approved by the 

Manager, Seattle Aircraft Certification Office 

(ACO), FAA. 

Note 1: Guidance on doing corrective 

actions can be found in Chapter 28, Subject 

28–41–00, Section July, of the Boeing 767 

Fault Isolation Manual (FIM). 

Alternative Methods of Compliance 

(AMOCs) 

(j)(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. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be e-mailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your Principal Maintenance Inspector 

or Principal Avionics Inspector, as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

Related Information 

(k) For more information about this AD, 

contact Tak Kobayashi, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

ACO, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

917–6499; fax (425) 917–6590; e-mail 

takahisa.kobayashi@faa.gov. 

Material Incorporated by Reference 

(l) You must use Boeing Special Attention 

Service Bulletin 757–28–0121, dated August 

18, 2010; or Boeing Special Attention Service 

Bulletin 767–28–0106, dated August 25, 

2010; as applicable; to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) 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 me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(3) 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. 

(4) 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 an NARA facility, 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 October 

20, 2010. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–27610 Filed 11–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1055; Directorate 

Identifier 2010–NE–35–AD; Amendment 39– 

16498; AD 2010–23–09] 

RIN 2120–AA64 

Airworthiness Directives; Austro 

Engine GmbH Model E4 Diesel Piston 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Several power loss events have been 

reported, due to rail pressure control failures. 

Analyses have shown that high pressure (HP) 

fuel pumps failed as a result of pressure 

oscillations in the fuel supply line. 

We are issuing this AD to prevent 

engine power loss or in-flight shutdown, 

which could result in loss of control of 

the airplane. 

DATES: This AD becomes effective 

November 22, 2010. 

We must receive comments on this 

AD by December 6, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of Austro Engine GmbH Work 

Instruction No. WI–MSB–E4–009, dated 

October 7, 2010, listed in the AD as of 

November 22, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

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