[Federal Register Volume 76, Number 1 (Monday, January 3, 2011)]
[Proposed Rules]
[Pages 28-31]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33129]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 76, No. 1 / Monday, January 3, 2011 / 
Proposed Rules

[[Page 28]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0908; Directorate Identifier 2009-NM-067-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 757 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

-----------------------------------------------------------------------

SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for the products listed above. That NPRM proposed replacing the 
power control relays for the fuel boost pumps and override pumps with 
new relays having a ground fault interrupt (GFI) feature. That NPRM was 
prompted by results from fuel system reviews conducted by the 
manufacturer. This action revises that NPRM for all airplanes by 
proposing to require an electrical bonding resistance measurement for 
certain GFI relays to verify that certain bonding requirements are met. 
This action also revises that NPRM by proposing to require, for certain 
airplanes, an inspection to ensure that certain screws are properly 
installed, and re-installing longer screws if necessary. We are 
proposing this supplemental NPRM to prevent damage to the fuel pumps 
caused by electrical arcing that could introduce an ignition source in 
the fuel tank, which, in combination with flammable fuel vapors, could 
result in a fuel tank explosion and consequent loss of the airplane. 
Since these actions impose an additional burden over that proposed in 
the NPRM, we are reopening the comment period to allow the public the 
chance to comment on these proposed changes.

DATES: We must receive comments on this supplemental NPRM by January 
28, 2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#4f222a612d202a2c20220f2d202a262128612c2022"><span class="__cf_email__" data-cfemail="c4a9a1eaa6aba1a7aba984a6aba1adaaa3eaa7aba9">[email protected]</span></a>; 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 proposed 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: Georgios Roussos, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, Seattle Aircraft Certification 
Office, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; 
telephone (425) 917-6482; fax (425) 917-6590; e-mail: 
<a href="/cdn-cgi/l/email-protection#1453717b66737d7b673a467b6167677b67547275753a737b62"><span class="__cf_email__" data-cfemail="bcfbd9d3cedbd5d3cf92eed3c9cfcfd3cffcdadddd92dbd3ca">[email protected]</span></a>.

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-2009-0908; 
Directorate Identifier 2009-NM-067-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

    We issued an NPRM to amend 14 CFR part 39 to include an 
airworthiness directive (AD) that would apply to certain Model 757-200, 
-200PF, -200CB, and -300 series airplanes. That NPRM was published in 
the Federal Register on October 19, 2009 (74 FR 53436). That NPRM 
proposed to require replacing the power control relays for the fuel 
boost pumps and override pumps with new relays having a ground fault 
interrupt (GFI) feature.

Actions Since Previous NPRM Was Issued

    Since we issued the previous NPRM, Boeing has issued Service 
Bulletins 757-28A0078 and 757-28A0079, both Revision 1, both dated 
August 24, 2010. In the previous NPRM, we referred to Boeing Alert 
Service Bulletins 757-28A0078 and 757-28A0079, both dated July 16, 
2008, as the appropriate sources of service information. The procedures 
in Revision 1 of these service bulletins are essentially the same as 
those in the original issues; however, Revision 1 of these service 
bulletins also includes the following new actions:
    <bullet> For all airplanes: Adds bonding resistance measurements of 
the GFI relays installed on the P33 and P37 panels to verify that 
certain bonding requirements are met.
    <bullet> For airplanes on which the original issue of these service 
bulletins has been

[[Page 29]]

done: Adds general visual inspection to ensure that the installation 
screws used to secure the GFI relays have enough grip length to hold 
the screws to each nutplate. The original screws were shorter and might 
not have been installed properly. Revision 1 of these service bulletins 
specifies installation of longer screws if necessary.
    <bullet> For all airplanes: Corrects the part number for the screws 
used to install the relays and adds substitution information for 
installation screws.

Comments

    We gave the public the opportunity to comment on the previous NPRM. 
The following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Change Wording in NPRM

    Boeing requested that we change the wording in the paragraph of the 
NPRM titled, ``FAA's Determination and Requirements of This Proposed 
AD.'' The paragraph states in part: ``Airworthiness Limitation (AWL) 
28-AWL-21 of Section 9 of the Boeing 757 Maintenance Planning Document 
(MPD) Document, D622N001-9, Revision March 2008, which was required by 
AD 2008-10-11, is also related to this proposed AD by including a 
repetitive operational test of the GFI relays, and repair of any failed 
GFI relay to ensure continued functionality of the GFI circuit.'' 
Boeing pointed out that AWL 28-AWL-21 does not mention repair of any 
failed GFI relay and requested that the phrase ``and repair of any 
failed GFI relay'' be deleted from that paragraph of the NPRM.
    We agree with Boeing's statement that AWL 28-AWL-21 of Section 9 of 
the Boeing 757 Maintenance Planning Document (MPD) Document, D622N001-
9, Revision March 2008, does not describe repair of the GFI relays. The 
intent of the repair statement in the original NPRM was to show that if 
a maintenance check fails, it should be followed by a system repair and 
retest before pump operation. The correction can be a replacement of 
the GFI relay, its repair, or some other means identified in the 
airplane maintenance manual. However, the paragraph referenced by the 
commenter is not restated in this supplemental NPRM. Therefore, no 
change to this supplemental NPRM is necessary in this regard.

Request To Permit Incorporation of Universal Fault Interrupter (UFI)

    TDG Aerospace requested that we change the previous NPRM to reflect 
incorporation of a UFI it produces as an approved means of compliance 
for providing electrical fault protection for the center fuel tank 
override boost pumps. Thomson Airways, Jet2.com, FedEx, Continental 
Airlines, American Airlines, and DHL support TDG Aerospace's request. 
TDG Aerospace stated that FAA Supplemental Type Certificate (STC) 
ST01950LA, issued January 17, 2007, installs the TDG Aerospace UFI on 
Model 757 airplanes. TDG Aerospace pointed out that the UFIs have been 
approved as an alternative method of compliance (AMOC) with the 
requirements of paragraph (g) of AD 2008-11-07, Amendment 39-15529 (73 
FR 30755, May 29, 2008), and paragraph (e) of AD 2002-24-51, Amendment 
39-12900 (67 FR 61253, September 30, 2002), for certain Model 757-200 
and 757-300 airplanes.
    We acknowledge the commenter's request to allow the incorporation 
of the TDG Aerospace UFI for compliance with this supplemental NPRM. We 
will be working closely with TDG Aerospace on this issue; however, we 
have not yet completed evaluating the STC (STC ST01950LA) against the 
GFI-specific requirements of this supplemental NPRM. We issued AMOC 
approvals for certain requirements of ADs 2008-11-07 and 2002-24-51 in 
reference to potential ignition due to the generation of sparks caused 
by metal-to-metal contact during dry fuel pump operation, rather than 
generation by electrical arcing that this supplemental NPRM addresses. 
If substantiating data demonstrate that the TDG Aerospace UFI will 
provide an acceptable level of safety, we might consider reflecting 
incorporation of the STC as an option when we issue the final rule AD. 
We have not changed the supplemental NPRM in this regard.

Request Use of Substitutes for Common Hardware

    American Airlines requested that operators be allowed to use 
substitutes for common hardware such as washers, nuts, bolts, shims, 
sealants, and adhesives that have been determined to be equivalent to 
the operator's parts management system. American Airlines stated that 
the Parts Disposition Authority for American Airlines is contained in 
the engineering procedures manual (EPM), which is incorporated by 
reference into the general manual that is required by the FAA-approved 
operations specification. The commenter stated that the EPM defines the 
process by which parts equivalency can be established. American 
Airlines stated that using approved substitutes for common hardware 
will eliminate unnecessary AMOC requests for equivalent hardware.
    We disagree with the request to allow the use of substitutes for 
common hardware. Common hardware, as detailed above, in certain cases 
may play an integral role in the safety and integrity of the 
installation. The specific importance of common hardware may not always 
be obvious, and parts equivalency can only be assessed and addressed by 
an engineering review of the system and its installation. Operators may 
use the approved fastener and process material substitutions listed in 
the Accomplishment Instructions of Boeing Service Bulletins 757-28A0078 
and 757-28A0079, both Revision 1, both dated August 24, 2010, as 
applicable. According to the provisions of paragraph (k) of this AD, 
operators may request approval of an AMOC to use substitutes for common 
hardware, if the request is submitted with substantiating data that 
demonstrate the substitutes for common hardware will provide an 
acceptable level of safety. We have not changed the supplemental NPRM 
in this regard.

Explanation of Changes Made to This Supplemental NPRM

    We have revised this supplemental NPRM to identify the legal name 
of the manufacturer as published in the most recent type certificate 
data sheet for the affected airplane models.
    Since issuance of the original NPRM, we have increased the labor 
rate used in the Costs of Compliance from $80 per work-hour to $85 per 
work-hour. The Costs of Compliance information, below, reflects this 
increase in the specified hourly rate.
    We have also revised the Costs of Compliance in this supplemental 
NPRM to include the cost of the inspection to ensure that the 
installation screws used to secure the GFI relays have enough grip 
length to hold the screws to each nutplate and the cost of the bonding 
resistance measurement.
    We have been advised that there is an error in Boeing Service 
Bulletins 757-28A0078 and 757-28A0079, both Revision 1, both dated 
August 24, 2010. The note in paragraph 3.B.12.i(5), refers to the left 
override fuel boost pump instead of the right override fuel boost pump. 
Boeing has issued Service Bulletin Information Notices (IN) 757-28A0078 
IN 02 and 757-28A0079 IN 02, both dated October 6, 2010, to inform 
operators of the error. We have added a new paragraph (i) to this 
supplemental NPRM to reflect this change.

[[Page 30]]

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all 
the relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of the same 
type design. Certain changes described above expand the scope of the 
original NPRM. As a result, we have determined that it is necessary to 
reopen the comment period to provide additional opportunity for the 
public to comment on this supplemental NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require accomplishing the actions 
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD will affect 696 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per        Cost on U.S.
               Action                        Labor cost           Parts cost    product          operators
----------------------------------------------------------------------------------------------------------------
Replacement, measurement, and        7 work-hours x $85 per          $12,600      $13,195  Up to $9,183,720.\1\
 operational test.                    hour = $595.
Inspection of screw installation     1 work-hour x $85 per hour            0           85  $59,160.
 and bonding resistance measurement.  = $85.
----------------------------------------------------------------------------------------------------------------
\1\ The cost on U.S. operators depends on airplane configuration.

    We estimate the following costs to do the inspection to ensure that 
certain installation screws have sufficient grip length for airplanes 
on which the original issue of the service bulletins has been 
incorporated. We have no way of determining the number of airplanes 
that might need this inspection:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                       Cost per
                    Action                                    Labor cost                 Parts cost    product
----------------------------------------------------------------------------------------------------------------
Installation of longer screw..................  1 work-hour x $85 per hour = $85......           $0          $85
----------------------------------------------------------------------------------------------------------------

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),
    (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.

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):

The Boeing Company: Docket No. FAA-2009-0908; Directorate Identifier 
2009-NM-067-AD.

Comments Due Date

    (a) We must receive comments by January 28, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 757-200, -200PF, 
-200CB, and -300 series airplanes, certificated in any category; as 
identified in the applicable service bulletin specified in paragraph 
(c)(1) or (c)(2) of this AD.
    (1) For Model 757-200, -200PF, and -200CB series airplanes: 
Boeing Service Bulletin 757-28A0078, Revision 1, dated August 24, 
2010.
    (2) For Model 757-300 series airplanes: Boeing Service Bulletin 
757-28A0079, Revision 1, dated August 24, 2010.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport 
Association (ATA) of America Code 28, Fuel.

Unsafe Condition

    (e) This AD was prompted by fuel system reviews conducted by the 
manufacturer. We

[[Page 31]]

are issuing this AD to prevent damage to the fuel pumps caused by 
electrical arcing that could introduce an ignition source in the 
fuel tank, which, in combination with flammable fuel vapors, could 
result in a fuel tank explosion and consequent loss of the airplane.

Compliance

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

Replacement, Measurements and Test

    (g) For airplanes on which the actions specified in Boeing Alert 
Service Bulletin 757-28A0078 or 757-28A0079, both dated July 16, 
2008, have not been accomplished as of the effective date of this 
AD: Within 60 months after the effective date of this AD, replace 
the power control relays for the fuel boost pumps and override pumps 
with new relays having a ground fault interrupt (GFI) feature; do 
applicable electrical bonding resistance measurements between the 
GFI relays and their installation panel to verify that applicable 
bonding requirements are met; and do an operational test to ensure 
correct operation, as specified in Boeing Service Bulletin 757-
28A0078, Revision 1, dated August 24, 2010 (for Model 757-200, -
200CB, and -200PF airplanes); or Boeing Service Bulletin 757-
28A0079, Revision 1, dated August 24, 2010 (for Model 757-300 
airplanes). Do all actions in accordance with Part 1 of the 
Accomplishment Instructions of Boeing Service Bulletin 757-28A0078, 
Revision 1, dated August 24, 2010 (for Model 757-200, -200CB, and -
200PF airplanes); or Boeing Service Bulletin 757-28A0079, Revision 
1, dated August 24, 2010 (for Model 757-300 airplanes); except as 
required by paragraph (i) of this AD.

Inspection

    (h) For airplanes on which the actions specified in Boeing Alert 
Service Bulletin 757-28A0078 or 757-28A0079, both dated July 16, 
2008, have been accomplished before the effective date of this AD: 
Within 60 months after the effective date of this AD, do a general 
visual inspection to verify that each GFI installation screw has 
enough grip length to hold the screws in each nut plate; and do 
applicable electrical bonding resistance measurements between the 
GFI relays and their installation panel to verify that applicable 
bonding requirements are met. If the screw does not have enough grip 
length, before further flight, install a longer screw. Do all 
actions in accordance with Part 2 of the Accomplishment Instructions 
of Boeing Service Bulletin 757-28A0078, Revision 1, dated August 24, 
2010 (for Model 757-200, -200CB, and -200PF airplanes); or Boeing 
Service Bulletin 757-28A0079, Revision 1, dated August 24, 2010 (for 
Model 757-300 airplanes).

Exception to the Service Information

    (i) The note in paragraph 3.B.12.i(5) of Part 1 of the 
Accomplishment Instructions of Boeing Service Bulletins 757-28A0078 
and 757-28A0079, both Revision 1, both dated August 24, 2010, should 
read, ``NOTE: The right override fuel boost pump PRESS light stays 
off when the pump switch is turned to OFF.''

Paperwork Reduction Act Burden Statement

    (j) A Federal agency may not conduct or sponsor, and a person is 
not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle Aircraft Certification Office (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: <a href="/cdn-cgi/l/email-protection#053c28444b4828566064717169602844464a2844484a46285760747060767176456364642b626a73"><span class="__cf_email__" data-cfemail="98a1b5d9d6d5b5cbfdf9ececf4fdb5d9dbd7b5d9d5d7dbb5cafde9edfdebecebd8fef9f9b6fff7ee">[email protected]</span></a>.
    (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

    (l) For more information about this AD, contact Georgios 
Roussos, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, 
Seattle ACO, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6482; fax (425) 917-6590. Or, e-mail 
information to <a href="/cdn-cgi/l/email-protection#3e07137f7073136d5b5f4a4a525b137f7d71137f73717d136c5b4f4b5b4d4a4d7e585f5f10595148"><span class="__cf_email__" data-cfemail="dde4f09c9390f08eb8bca9a9b1b8f09c9e92f09c90929ef08fb8aca8b8aea9ae9dbbbcbcf3bab2ab">[email protected]</span></a>; e-mail: 
<a href="/cdn-cgi/l/email-protection#97d0f2f8e5f0fef8e4b9c5f8e2e4e4f8e4d7f1f6f6b9f0f8e1"><span class="__cf_email__" data-cfemail="abeccec4d9ccc2c4d885f9c4ded8d8c4d8ebcdcaca85ccc4dd">[email protected]</span></a>.
    (m) 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 
<a href="/cdn-cgi/l/email-protection#f9949cd79b969c9a9694b99b969c90979ed79a9694"><span class="__cf_email__" data-cfemail="dfb2baf1bdb0babcb0b29fbdb0bab6b1b8f1bcb0b2">[email protected]</span></a>; 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.

    Issued in Renton, Washington, on December 23, 2010.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-33129 Filed 12-30-10; 8:45 am]
BILLING CODE 4910-13-P


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