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[Federal Register Volume 76, Number 37 (Thursday, February 24, 2011)]
[Rules and Regulations]
[Pages 10226-10230]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4013]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0698; Directorate Identifier 2009-NM-264-AD; 
Amendment 39-16613; AD 2011-05-04]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 757 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for the products listed above. That AD currently requires sealing the 
fasteners on the front and rear spars inside the left and right main 
fuel tanks and on the rear spar and lower panel of the center fuel 
tank. That AD also requires inspections of the wire bundle support 
installations to verify if certain clamps are installed and if Teflon 
sleeving covers the wire bundles inside the left and right equipment 
cooling system bays, on the left and right rear spars, and on the left 
and right front spars; and corrective actions if necessary. This new AD 
also requires sealing the additional fasteners on the rear spar inside 
the left and right main fuel tanks. This AD was prompted by a fuel 
system review conducted by the manufacturer. We have received reports 
from the manufacturer that additional fasteners in the main fuel tanks 
must be sealed for lightning strike protection. We are issuing this AD 
to detect and correct improper wire bundle support installation and 
sleeving and to prevent improperly sealed fasteners in the main and 
center fuel tanks from becoming an ignition source, in the event of a 
fault current or lightning strike, which could result in a fuel tank 
explosion and consequent loss of the airplane.

DATES: This AD is effective March 31, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 31, 
2011.

ADDRESSES: 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 address for the 
Docket Office (phone: 800-647-5527) is Document Management Facility, 
U.S. Department of Transportation, Docket

[[Page 10227]]

Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.

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 issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede airworthiness directive (AD) 2008-23-19, Amendment 
39-15740 (73 FR 71534, November 25, 2008). That AD applies to the 
specified products. The NPRM published in the Federal Register on July 
23, 2010 (75 FR 43097). That NPRM proposed to continue to require 
sealing the fasteners on the front and rear spars inside the left and 
right main fuel tanks and on the rear spar and lower panel of the 
center fuel tank. That NPRM also proposed to require inspections of the 
wire bundle support installations to verify if certain clamps are 
installed and if Teflon sleeving covers the wire bundles inside the 
left and right equipment cooling system bays, on the left and right 
rear spars, and on the left and right front spars; corrective actions 
if necessary; and sealing of additional fasteners on the rear spar 
inside the left and right main fuel tanks.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and the FAA's response to each comment.

Concurrence With the NPRM

    Boeing concurs with the contents of the proposed rule.

Request To Revise the Compliance Time

    FedEx, US Airways, Delta, European Air Transport Leipzig GmbH 
(European Air)/DHL Air requested a change in the compliance time. 
FedEx, Delta, and US Airways requested that we change the compliance 
time from ``60 months after December 30, 2008,'' to ``60 months after 
the effective date of the final rule'' in paragraph (h) of the NPRM. 
European Air/DHL Air requested an extension of the compliance time from 
60 months to a minimum of 72 months for airplanes that have already 
been modified in accordance with Boeing Alert Service Bulletin 757-
57A0064, dated July 16, 2007. FedEx and Delta stated that fuel tank 
access occurs at 72-month intervals. European Air/DHL Air stated that 
they purge the fuel tanks during a 4C-check corresponding to 72 months, 
12,000 flight cycles, or 24,000 flight hours, whichever occurs first. 
European Air/DHL Air stated that the proposed compliance time does not 
allow a suitable maintenance opportunity to accomplish the additional 
work without disturbing the scheduled maintenance activities. Delta 
stated that the proposed compliance time allows approximately 3 years 
from the effective date of the final rule. Delta considered this 
requirement an undue burden that is not justified. Delta stated that 
the SFAR88 initiative and the Aging Aircraft initiatives generally have 
a timeline of 60 months to upgrade the airplanes based on the FAA 
harmonization policy of the aging airplane programs per ``Fuel Tank 
Safety Compliance Extension (Final Rule) and Aging Airplane Program 
Update (Request for Comments)'' (69 FR 45936, July 30, 2004).
    We agree that the compliance time in paragraph (h) of this AD 
should be changed to ``within 60 months after the effective date of 
this AD'' to avoid causing an undue burden on operators who have 
already accomplished the modification in accordance with Boeing Alert 
Service Bulletin 757-57A0064, dated July 16, 2007. In addition, we 
consider the following condition may warrant this change in the 
compliance time. The additional work specified in Boeing Alert Service 
Bulletin 757-57A0064, Revision 1, dated October 5, 2009, is intended to 
provide an additional layer of protection to the main fuel tanks to 
prevent ignition sources from occurring inside those tanks under a 
lightning strike event. The existing fastener installation is able to 
tolerate lightning current without introducing ignition sources inside 
the main fuel tanks if no failure conditions exist. The additional work 
of sealing the affected fasteners will add a fail-safe design feature 
to the existing fastener installation so that no ignition sources are 
introduced under the presence of single failures. Because of this, we 
consider that an acceptable level of safety would still be provided 
with this change in the compliance time. We have also limited the 
airplanes affected by paragraph (h) of this AD to airplanes on which 
Boeing Alert Service Bulletin 757-57A0064, dated July 16, 2007, was 
done before the effective date of this AD.
    We have also revised paragraph (g) of this AD to add the following 
sentence: ``As of the effective date of this AD, only Boeing Alert 
Service Bulletin 757-57A0064, Revision 1, dated October 5, 2009, may be 
used.''
    We do not agree with extending the compliance time to 72 months. In 
developing an appropriate compliance time, we considered the safety 
implications, parts availability, and normal maintenance schedules for 
timely replacement of the fasteners. In consideration of all of these 
factors, we determined that the 60-month compliance time represents an 
acceptable interval in which the fasteners can be sealed in a timely 
manner, while still maintaining an acceptable level of safety. 
According to the provisions of paragraph (j) of this AD, operators may 
request an alternative method of compliance (AMOC) to request a longer 
compliance time, if the request is submitted with substantiating data 
that proves that the longer compliance time will provide an acceptable 
level of safety. We have not changed the AD further in this regard.

Request To Allow Modification in Accordance With Original Issue of 
Service Bulletin

    European Air/DHL Air requested that we allow the modification, in 
accordance with Boeing Alert Service Bulletin 757-57A0064, dated July 
16, 2007, and Boeing Multi Operator Message (MOM) 1-1046487761, dated 
November 6, 2008, as an accepted means of compliance. European Air 
stated that they started incorporating the modifications specified in 
Boeing Alert Service Bulletin 757-57A0064, dated July 16, 2007, and 
Boeing MOM 1-1046487761, dated November 6, 2008, before AD 2008-23-19 
was issued.
    We infer that European Air/DHL Air are requesting that we allow the 
modification done in accordance with Boeing Alert Service Bulletin 757-
57A0064, dated July 16, 2007, and Boeing MOM 1-1046487761, dated 
November 6, 2008, as a means of compliance with paragraphs (g) and (h) 
of this AD. We do not agree. Boeing Alert Service Bulletin 757-57A0064, 
dated July 16, 2007, is not sufficient to address the unsafe condition, 
and Boeing MOM 1-1046487761, dated November 6, 2008, merely informs 
operators of a forthcoming revision to Boeing Alert Service Bulletin 
757-57A0064, dated July 16, 2007, which will include additional work of 
sealing 40 fasteners that are not identified in Boeing Alert Service 
Bulletin 757-57A0064, dated July 16, 2007. Boeing MOM 1-1046487761, 
dated November 6, 2008, refers to two sketches that provide the 
locations of additional

[[Page 10228]]

fasteners that must be sealed. Those sketches can help operators to 
accomplish the additional work, but they only provide figures that are 
applicable to certain airplane groups identified in Boeing Alert 
Service Bulletin 757-57A0064, dated July 16, 2007. In addition, those 
sketches are not a published document and cannot be incorporated by 
reference in the AD. We have determined that it is inappropriate to 
include Boeing MOM 1-1046487761, dated November 6, 2008, as an accepted 
means to comply with the actions required by this AD. However, 
operators who have used those data can still request approval of an 
AMOC, in accordance with paragraph (j) of this AD. No change has been 
made to the AD in this regard.

Request To Clarify Instructions for Continued Airworthiness (ICA)

    Continental stated that proper ICA must be provided in order to 
prevent inadvertent reversal of implemented changes that can lead to 
violation of requirements of the SFAR88 program as well as the final 
rule. Continental Airlines requested that we coordinate with Boeing to 
ensure proper instructions are provided.
    We acknowledge the commenter's concern. Operators and owners are 
responsible for ensuring that the configuration mandated by this AD is 
maintained in accordance with section 39.7 of the Federal Aviation 
Regulations (14 CFR 39.7). If any new airworthiness limitations (AWLs) 
related to any of the design features mandated by this AD are 
developed, we may consider additional rulemaking to mandate 
incorporation of those AWLs into operators' maintenance programs. The 
FAA is working with industry to evaluate potential changes to the AD 
process that are intended to more clearly identify how to maintain 
configurations that are required for AD compliance. We have not changed 
the AD regarding this issue.

Request To Allow Alternative Color of Lacing Tape

    Continental raised a question regarding the color of lacing tape 
specified in Boeing Alert Service Bulletins 757-57A0064, dated July 16, 
2007; and Revision 1, dated October 5, 2009. Continental stated that 
those service bulletins require use of a lacing tape identified as BMS 
13-54, Type III, Class 1, Finish C, Black. Continental stated that a 
specific color of the lacing tape should not be mandated. Continental 
stated that Boeing Standard Wiring Process Manual 20-10-11 makes no 
distinction regarding the color of the lacing tape for sleeve 
installation.
    We infer that Continental is requesting that we allow any color as 
long as the lacing tape is BMS 13-54, Type III, Class 1, Finish C. We 
agree to allow the use of white lacing tape because white is a neutral 
color that is not associated with any specific color code requirement. 
However, we disagree with allowing the use of lacing tape with colors 
other than black or white because use of colors other than black or 
white may be inconsistent with color-coding used by the manufacturer or 
operator, and could create confusion in wiring identification. We have 
granted a global AMOC to allow the use of lacing tape BMS 13-54, Type 
III, Class 1, Finish C, with white color in place of black color when 
accomplishing the actions specified in Boeing Alert Service Bulletin 
757-57A0064, dated July 16, 2007, as required by paragraph (f) of AD 
2008-23-19, Amendment 39-15740. Paragraph (i) has been added to this AD 
to reflect these changes.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We have determined that 
these changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 667 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fastener Sealing and Inspections        Up to 545 work-hours x              $325  Up to $46,650.....................  Up to $31,115,550.
 (required by AD 2008-23-19).            $85 per hour = Up to
                                         $46,325 per airplane
                                         depending on
                                         configuration.
Main Tank Fastener Sealing (new         Up to 30 work-hours x                 $0  Up to $2,550......................  Up to $1,700,850.
 proposed action).                       $85 per hour = Up to
                                         $2,550.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the proposed inspection. 
We have no way of determining the number of aircraft that might need 
these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                        Labor cost          Parts cost             Cost per product
----------------------------------------------------------------------------------------------------------------
Clamp Replacement...................  Up to 6 work-hours x                 $0  Up to $510.
                                       $85 per hour = $510.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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,

[[Page 10229]]

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 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

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 airworthiness directive (AD) 
2008-23-19, Amendment 39-15740 (73 FR 71534, November 25, 2008), and 
adding the following new AD:

2011-05-04 The Boeing Company: Amendment 39-16613; Docket No. FAA-
2010-0698; Directorate Identifier 2009-NM-264-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective March 31, 
2011.

Affected ADs

    (b) This AD supersedes AD 2008-23-19, Amendment 39-15740.

Applicability

    (c) This AD applies to all The Boeing Company Model 757-200, -
200CB, -200PF, and -300 series airplanes, certificated in any 
category.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from a fuel system review conducted by the 
manufacturer. We have received reports from the manufacturer that 
additional fasteners in the main fuel tanks must be sealed for 
lightning strike protection. The Federal Aviation Administration is 
issuing this AD to detect and correct improper wire bundle support 
installation and sleeving and to prevent improperly sealed fasteners 
in the main and center fuel tanks from becoming an ignition source, 
in the event of a fault current or lightning strike, which could 
result in a fuel tank explosion and consequent loss of the airplane.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Restatement of Requirements of AD 2008-23-19, With Revised Service 
Information

Fastener Sealing and Inspections

    (g) Within 60 months after December 30, 2008 (the effective date 
of AD 2008-23-19), seal the applicable fasteners and do the general 
visual inspections of the wire bundle support installations, and do 
all the applicable corrective actions before further flight, by 
accomplishing all of the applicable actions specified in the 
Accomplishment Instructions of Boeing Alert Service Bulletin 757-
57A0064, dated July 16, 2007; or Part 1 through Part 10 of the Work 
Instructions of Boeing Alert Service Bulletin 757-57A0064, Revision 
1, dated October 5, 2009. As of the effective date of this AD, only 
Boeing Alert Service Bulletin 757-57A0064, Revision 1, dated October 
5, 2009, may be used.

New Requirements of This AD

Fastener Sealing on the Rear Spar

    (h) For airplanes on which the actions in Boeing Alert Service 
Bulletin 757-57A0064, dated July 16, 2007, were accomplished before 
the effective date of this AD: Within 60 months after the effective 
date of this AD, seal the fasteners on the rear spar inside the left 
and right main fuel tanks, in accordance with Part 11 of the Work 
Instructions of Boeing Alert Service Bulletin 757-57A0064, Revision 
1, dated October 5, 2009.

Acceptable Lacing Tape for Repair Actions

    (i) Where Boeing Alert Service Bulletin 757-57A0064, Revision 1, 
dated October 5, 2009, describes the use of lacing tape BMS 13-54, 
Type III, Class 1, Finish C, Black, this AD also allows the use of 
lacing tape BMS 13-54, Type III, Class 1, Finish C, White, as an 
alternative.

Alternative Methods of Compliance (AMOCs)

    (j)(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. Send information to 
ATTN: 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. Information may be e-mailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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, notify your principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office. The 
AMOC approval letter must specifically reference this AD.
    (3) AMOCs approved previously in accordance with AD 2008-23-19, 
Amendment 39-15740, are approved as AMOCs for the corresponding 
provisions of paragraph (g) of this AD.

Related Information

    (k) For more information about this AD, 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.

Material Incorporated by Reference

    (l) You must use Boeing Alert Service Bulletin 757-57A0064, 
Revision 1, dated October 5, 2009, 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, 
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

[[Page 10230]]

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 February 14, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-4013 Filed 2-23-11; 8:45 am]
BILLING CODE 4910-13-P
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