48754 Federal Register / Vol. 62, No. 180 / Wednesday, September 17, 1997 / Rules and Regulations

By order of the Board of Governors of the

Federal Reserve System, under delegated

authority, September 12, 1997.

William W. Wiles,

Secretary of the Board.

[FR Doc. 97–24702 Filed 9–16–97; 8:45 am]

BILLING CODE 6210–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–239–AD; Amendment

39–10136; AD 97–19–15]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 767 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to all Boeing Model 767

series airplanes. This action requires

revising the Airplane Flight Manual

(AFM) to include procedures that will

ensure that the center tank fuel pumps

are not operated with less than 1,000

pounds of fuel in the center tank. This

amendment is prompted by a report

indicating that a fuel pump failed due

to damage to an impeller unit and

pumping unit housing caused by a loose

diffuser ring in the fuel pump assembly.

The actions specified in this AD are

intended to ensure the flight crew is

advised of procedures that will ensure

that the center tank fuel pumps are not

operated with less than 1,000 pounds of

fuel, which will prevent ignition of fuel

vapors due to the generation of sparks

and a potential ignition source inside

the fuel tank caused by metal-to-metal

contact during dry fuel pump operation.

DATES: Effective October 2, 1997.

Comments for inclusion in the rules

docket must be received on or before

November 17, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

239–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The information concerning this

amendment may be obtained from or

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Larry Reising, Aerospace Engineer,

Propulsion Branch, ANM–140S, FAA,

Transport Airplane Directorate, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2683;

fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: The FAA

has received a report of failure of an

override and jettison fuel pump on a

Boeing Model 767 series airplane.

Investigation revealed that the screws

that attach the inlet diffuser assembly to

the pumping unit housing became loose

and were ingested into the fuel pump

assembly. Loose screws caused the

diffuser ring to become loose and

contact the impeller, which damaged

the impeller and pumping unit housing

and caused the fuel pump to seize.

During dry fuel pump operation, a loose

diffuser ring also could cause metal-tometal contact. This condition, if not

corrected, could result in the generation

of sparks and a potential ignition source

inside the fuel tank.

Other Relevant Rulemaking

The conditions described previously

were addressed in AD 94–11–05,

amendment 39–8921 (59 FR 27970, May

31, 1994), which is applicable to Boeing

Model 767–200 and 767–300 series

airplanes. That AD requires repetitive

inspections of the pumping unit

assembly on the override and jettison

fuel boost pump assemblies to detect

looseness of the screws that attach the

inlet diffuser assembly to the pumping

unit housing, and repair or replacement

of the pumping unit assembly with a

serviceable assembly, if necessary. For

certain airplanes, that AD also provides

for deactivation of the center wing fuel

tank as an alternative to the repetitive

inspections. The actions specified by

that AD are intended to prevent the

generation of sparks and a potential

ignition source inside the fuel tank

caused by metal-to-metal contact during

dry fuel pump operation.

FAA’s Findings

Since the issuance of AD 94–11–05,

an alternative method of compliance

was granted that entailed fuel pump

modifications, which alleviated the

need for repetitive inspections of the

fuel pump. However, the previously

described report of failure of an override

fuel pump occurred on a unit that had

incorporated those modifications. The

FAA has determined that, even if the

override fuel pump fails, operation of

the center tank fuel pumps with no less

than 1,000 pounds of fuel will prevent

ignition of fuel vapors due to the

generation of sparks inside the fuel tank

due to metal-to-metal contact.

Therefore, the FAA has determined that

a revision to the FAA-approved

Airplane Flight Manual (AFM) for

Model 767 series airplanes is necessary

to ensure that the center tank fuel

pumps are not operated with less than

1,000 pounds of fuel in the center tank.

Explanation of the Requirements of the

Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other Boeing Model 767

series airplanes of the same type design,

this AD is being issued to prevent the

generation of sparks and a potential

ignition source inside the fuel tank

caused by metal-to-metal contact during

dry fuel pump operation. This AD

requires revising the AFM to include

procedures that will ensure that the

center tank fuel pumps are not operated

with less than 1,000 pounds of fuel in

the center tank.

Interim Action

This is considered to be interim

action until final action is identified, at

which time the FAA may consider

further rulemaking.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications shall identify the rules

docket number and be submitted in

triplicate to the address specified under

the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments
Federal Register / Vol. 62, No. 180 / Wednesday, September 17, 1997 / Rules and Regulations 48755

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97–NM–239–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects 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. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the rules docket. A copy

of it, if filed, may be obtained from the

rules docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (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. Section 39.13 is amended by

adding the following new airworthiness

directive:

97–19–15 Boeing: Amendment 39–10136.

Docket 97–NM–239–AD.

Applicability: All Model 767 series

airplanes, certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (b) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent the generation of sparks and a

potential ignition source inside the fuel tank

caused by metal-to-metal contact during dry

fuel pump operation, accomplish the

following:

(a) Within 14 days after the effective date

of this AD, accomplish paragraphs (a)(1),

(a)(2), (a)(3), and (a)(4) of this AD.

(1) Revise the Limitations Section of the

FAA-approved Airplane Flight Manual

(AFM) to include the following procedures.

This may be accomplished by inserting a

copy of this AD in the AFM.

If the center tank fuel pumps are to be

used, there must be at least 5,000 pounds

(2,267 kilograms) of fuel in the center tank

prior to engine start.

The center fuel pumps must be selected

‘‘OFF’’ at or greater than 1,000 pounds (453

kilograms) of fuel in the center tank. For

airplanes not equipped with a center tank

scavenge system, this 1,000 pounds (453

kilograms) of center tank fuel must be

considered unusable.

Note: On all Model 767–200ER/300ER

series airplanes and some Model 767–200/

300 series airplanes, a scavenge system,

operating with fuel pressure from the main

wing tank pumps, will operate automatically

to transfer any fuel remaining in the center

tank to the main tanks. Fuel transfer begins

when the main tanks are approximately half

empty.

(2) Revise the Limitations Section of the

FAA-approved AFM entitled ‘‘FUEL

SYSTEM, FUEL USAGE II (fuel in center

tank),’’ to include the following procedures.

This may be accomplished by inserting a

copy of this AD in the AFM.

‘‘Use the center tank fuel for all operations

with all operable fuel pumps ‘‘ON’’ and the

cross feed valve(s) closed until the center

tank fuel quantity is 1,000 pounds (453

kilograms) or greater, then use FUEL USAGE

I.

Do not operate the center tank fuel pumps

with less than 1,000 pounds (453 kilograms)

of fuel in the center tank.

Note: The crossfeed valve(s) is open for

minimum fuel operation, and may be opened

to correct fuel imbalance.’’

(3) Revise the Normal Procedures Section

of the FAA-approved AFM to include the

following procedure. This may be

accomplished by inserting a copy of this AD

in the AFM.

‘‘Use of Fuel From the Center Tank

When the center tank approaches

‘‘EMPTY’’ during normal use or fuel transfer,

select both center tank fuel pump switches

‘‘OFF’’ with the first occurrence of any of the

following:

• The center tank fuel reaches 1,000

pounds (453 kilograms);

• Either of the center tank fuel pump

‘‘PRESS’’ lights illuminate; or

• Either the ‘‘CTR L FUEL PUMP’’ or ‘‘CTR

R FUEL PUMP’’ EICAS message is

displayed.’’

(4) Revise the Non-Normal Procedures

Section of the FAA-approved AFM to include

the following procedures. This may be

accomplished by inserting a copy of this AD

in the AFM.

‘‘Center Tank Fuel Pump Faults

A center tank fuel pump failure may have

occurred if a fuel pump pressure light

illuminates when there is ample fuel in the

tank. If a fault is suspected, select the

affected pump ‘‘OFF’’ and do not re-select

‘‘ON.’’ If the affected circuit breaker is

tripped, do not reset. Select fuel crossfeed

valve(s) ‘‘OPEN.’’

Attempted operation of a faulted center

tank pump could ignite fuel tank vapors in

an empty or nearly empty tank.’’

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Seattle

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Operations

Inspector, who may add comments and then

send it to the Manager, Seattle ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(d) This amendment becomes effective on

October 2, 1997.

Issued in Renton, Washington on

September 11, 1997.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–24630 Filed 9–16–97; 8:45 am]

BILLING CODE 4910–13–U