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[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Proposed Rules]
[Pages 80738-80742]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32208]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0847; Directorate Identifier 2008-NM-056-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 777-200, -
200LR, -300, and -300ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

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

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain Model 777-200, -200LR, -300, and -300ER series 
airplanes. The original NPRM would have required doing an inspection to 
identify the part number of the motor operated valve (MOV) actuators of 
the main and center fuel tanks; replacing certain MOV actuators with 
new MOV actuators; and measuring the electrical resistance of the bond 
from the adapter plate to the airplane structure, and doing corrective 
actions if necessary. The original NPRM also would have required 
revising the Airworthiness Limitations section of the Instructions for 
Continued Airworthiness. The original NPRM resulted from fuel system 
reviews conducted by the manufacturer. This action revises the original 
NPRM by adding airplanes to the applicability. This action also revises 
the original NPRM by removing the requirement for revising the 
Airworthiness Limitations section of the Instructions for Continued 
Airworthiness. We are proposing this supplemental NPRM to prevent 
electrical current from flowing through an MOV actuator into a fuel 
tank, which could create a potential ignition source inside the fuel 
tank. This condition, in combination with flammable fuel vapors, could 
result in a fuel tank explosion and consequent loss of the airplane.

DATES: We must receive comments on this supplemental NPRM by January 
18, 2011.

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 proposed 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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 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.

SUPPLEMENTARY INFORMATION:

[[Page 80739]]

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-2008-0847; 
Directorate Identifier 2008-NM-056-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 a notice of proposed rulemaking (NPRM) (the ``original 
NPRM'') to amend 14 CFR part 39 to include an airworthiness directive 
(AD) that would apply to certain Model 777-200, -200LR, -300, and -
300ER series airplanes. That original NPRM was published in the Federal 
Register on August 7, 2008 (73 FR 45893). That original NPRM proposed 
to require doing an inspection to identify the part number of the motor 
operated valve (MOV) actuators of the main and center fuel tanks; 
replacing certain MOV actuators with new MOV actuators; and measuring 
the electrical resistance of the bond from the adapter plate to the 
airplane structure, and doing corrective actions if necessary. The 
original NPRM also would have required revising the Airworthiness 
Limitations section of the Instructions for Continued Airworthiness 
(ICA).

Actions Since Original NPRM Was Issued

    Since we issued the original NPRM, the manufacturer has informed us 
that certain airplanes were missing from the effectivity in Boeing 
Alert Service Bulletin 777-28A0034, dated August 2, 2007, which was 
referenced in the original NPRM as the appropriate source of service 
information.
    In addition, since we issued the original NPRM, we have determined 
that the proposed requirement for revising the Airworthiness 
Limitations (AWL) section of the ICA is unnecessary. Incorporation of 
AWL No. 28-AWL-19 and AWL No. 28-AWL-20 is already mandated by AD 2008-
11-13, Amendment 39-15536 (73 FR 30737, May 29, 2008), which is 
applicable to Model 777-200, -200LR, -300, and -300ER series airplanes. 
Therefore, we have removed Note 1 and paragraphs (h), (i), and (j) from 
the original NPRM.

Relevant Service Information

    Since the issuance of the original NPRM, we reviewed Boeing Alert 
Service Bulletin 777-28A0034, Revision 1, dated May 20, 2010, which 
adds airplanes to the effectivity, and corrects an MOV actuator part 
number. We also reviewed Boeing Service Bulletin 777-28A0034, Revision 
2, dated September 20, 2010, which specifies to cap seal the bonding 
jumper fasteners when installing the MOV actuator. Boeing Service 
Bulletin 777-28A0034, Revision 2, dated September 20, 2010, specifies 
that no more work is necessary on airplanes modified in accordance with 
Boeing Alert Service Bulletin 777-28A0034, dated August 2, 2007; and 
Revision 1, dated May 20, 2010.
    We have revised paragraphs (c), (g), and (h) of this supplemental 
NPRM to refer to Boeing Service Bulletin 777-28A0034, Revision 2, dated 
September 20, 2010. In addition, we have added new paragraph (j) to 
this supplemental NPRM to provide credit for actions accomplished 
before the effective date of this AD in accordance with Boeing Alert 
Service Bulletin 777-28A0034, dated August 2, 2007; and Revision 1, 
dated May 20, 2010.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the two commenters.

Request To Use Later Revisions of the Maintenance Planning Data (MPD) 
Document

    Boeing, and Air Transport Association (ATA) on behalf of its member 
United Airlines (UAL), requested that the FAA reference later revisions 
of the MPD document in paragraph (h) of the original NPRM.
    As stated previously, we have removed paragraph (h) (the 
requirement to revise the AWL section of the ICA) of the original NPRM. 
Therefore, no revision to this supplemental NPRM is necessary in this 
regard.

Allow the Use of Later Revisions of Alternative Critical Design 
Configuration Control Limitations (CDCCLs)

    ATA, on behalf of its member UAL, stated that paragraph (i) of the 
original NPRM should include instructions similar to those in paragraph 
(i) of AD 2008-11-13, which allows operators to use alternative 
``CDCCLs that are part of a later revision of February 2008 of the 
MPD'' that is approved by the FAA to avoid confusion and to promote 
common compliance rules.
    As stated previously, we have removed paragraph (i) of the original 
NPRM. Therefore, no revision to this supplemental NPRM is necessary in 
this regard.

Request To Revise the Costs of Compliance

    Boeing, and ATA on behalf of its member UAL, requested that we 
revise the Costs of Compliance section in the original NPRM to include 
the cost of parts. ATA stated that the cost of parts presents a 
significant expense to the operators since there are 11 MOV actuators 
on each of the 197 airplanes affected by the original NPRM, costing 
$5,477 per actuator. Boeing stated that the cost of parts is 
substantial and, when accounted alongside with the cost of labor, 
estimated work-hours, and the total number of affected airplanes, the 
cost would be higher than what is stated in the original NPRM.
    We agree to include the cost of parts in this supplemental NPRM. We 
have revised the Costs of Compliance section accordingly.

Request To Clarify the Accomplishment Instructions in the Service 
Bulletin

    ATA, on behalf of its member UAL, requested clarification of the 
Accomplishment Instructions in Boeing Alert Service Bulletin 777-
28A0034, dated August 2, 2007. UAL asserted that the logical flow 
(``if--then'' condition) of the installation instructions is incomplete 
and can be further clarified. UAL also stated that certain Boeing 777 
aircraft maintenance manuals referenced as sources of guidance in 
Boeing Alert Service Bulletin 777-28A0034, dated August 2, 2007, have 
two sections, ``Pre'' and ``Post'' Boeing Alert Service Bulletin 777-
28A0034, and that the service bulletin should specify which section is 
applicable.
    We agree with UAL that some of the instructions in Boeing Alert 
Service Bulletin 777-28A0034, dated August 2, 2007, are unclear. Those 
issues have been clarified in Boeing Alert Service Bulletin 777-
28A0034, Revision 1, dated May 20, 2010; and Boeing Service Bulletin 
777-28A0034, Revision 2, dated September 20, 2010. As stated 
previously, we have revised this supplemental NPRM to refer to Boeing 
Service Bulletin 777-28A0034, Revision 2, dated September 20, 2010, and 
to provide credit for accomplishment of Boeing Alert Service Bulletins 
777-28A0034, dated August 2, 2007, and to

[[Page 80740]]

Revision 1, dated May 20, 2010, before the effective date of the AD.

Request To Prohibit the Installation of Part Number (P/N) MA20A1001-1

    ATA, on behalf of its member UAL, expressed that the intent of the 
original NPRM is to remove the MOV actuator having P/N MA20A1001-1 and 
to prohibit installation of P/N MA20A1001-1 once the AD has been 
complied with. UAL stated that it has reviewed the NPRM and cannot find 
language that prohibits the installation of P/N MA20A1001-1; UAL stated 
that such language should be in this proposed AD.
    We partially agree. We disagree that it is necessary to 
specifically prohibit the installation of P/N MA20A1001-1 once the AD 
has been complied with because after accomplishing the mandatory 
actions, operators are required to maintain airplanes in compliance 
with the AD. To ensure that the unsafe condition cannot be introduced 
before compliance with the AD, we have added paragraph (i) to this 
supplemental NPRM to prohibit installation of an MOV actuator, P/N 
MA20A1001-1, after the effective date of this AD.

Request To Postpone the AD or Extend the Compliance Time

    ATA, on behalf of its member UAL, requested that the FAA postpone 
the proposed AD or extend the compliance time until reliability issues 
pertaining to the MOV actuator with P/N MA30A1001 are resolved. UAL 
stated that Boeing Fleet Team Digest 737NG-FTD-28-07002 discusses the 
potential of the P/N MA30A1001 actuator having cracked or damaged 
capacitors. UAL stated that if the MOV actuators with the defective 
design are installed due to regulatory mandate, the opportunity of 
actuator failure is introduced, which creates unnecessary economic 
burden for operators.
    We disagree with UAL's request to postpone the AD or extend the 
compliance time. The problem of the capacitor does not constitute a new 
unsafe condition. The investigation conducted by the supplier of the 
affected MOV actuators concluded that damage to the capacitors was 
introduced due to certain manufacturing processes. To address this 
issue, the supplier changed manufacturing processes in March 2007. We 
are aware that a number of MOV actuators that were produced under the 
manufacturing processes before that change were returned to the 
supplier between December 2006 and October 2007. Boeing also informed 
us that no actuators have been returned to the supplier due to damaged 
capacitors since October 2007. We have determined that the 
manufacturing process changes have adequately addressed the reliability 
issues; therefore, the current inventory of spare MOV actuators would 
be unlikely to contain a discrepant part. We consider it inappropriate 
to delay this AD since we have determined that an unsafe condition 
exists and that replacement of certain parts must be accomplished to 
ensure continued safety. We have not changed this supplemental NPRM in 
this regard.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    We are proposing this supplemental NPRM because we evaluated all 
pertinent information and determined an unsafe condition exists and is 
likely to exist or develop on 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.

Additional Changes to the Original NPRM

    In the Costs of Compliance section in the original NPRM, 197 
airplanes were estimated to be affected. The correct number of affected 
airplanes in this supplemental NPRM is 127 airplanes. We have revised 
the Costs of Compliance section accordingly.
    We have determined that a review of airplane records will be 
adequate to identify the MOV actuator part number. Therefore, we have 
added a records review as an option to the inspection in paragraph (g) 
of this supplemental NPRM (paragraph (f) in the original NPRM).
    We have revised paragraph (h) of this supplemental NPRM (paragraph 
(g)(1) in the original NPRM) to specify the correct replacement 
actuator part number. We have also revised paragraph (h) of this 
supplemental NPRM to allow the installation of a serviceable MOV 
actuator. In addition, we have revised paragraph (h) of this 
supplemental NPRM to clarify that measuring the electrical resistance 
of the bond from the adapter plate is only required at certain MOV 
actuator locations.
    We have added a new paragraph (d) to this supplemental NPRM to 
provide the Air Transport Association of America (ATA) Code 28, Fuel. 
This code is added to make this supplemental NPRM parallel with other 
new AD actions. We have reidentified subsequent paragraphs accordingly.
    We have revised this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Costs of Compliance

    We estimate that this proposed AD will affect 127 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
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                                                                                                Cost on U.S.
            Action                  Labor cost        Parts cost       Cost per product          operators
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Inspection of MOV Actuators...  Up to 6                        $0   Up to $510...........  Up to $64,770.
                                 work[dash]hours
                                 x $85 per hour =
                                 $510.
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    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
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              Action                      Labor cost             Parts cost              Cost per product
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Replacement of MOV Actuator         Up to 47               Up to $5,477, per      Up to $9,472.
 Without Fuel Tank Access.           work[dash]hours x      actuator.
                                     $85 per hour =
                                     $3,995.

[[Page 80741]]

 
Replacement of MOV Actuator With    Up to 423              Up to $5,477, per      Up to $41,432.
 Fuel Tank Access.                   work[dash]hours x      actuator.
                                     $85 per hour =
                                     $35,955.
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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), 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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 AD:

The Boeing Company: Docket No. FAA-2008-0847; Directorate Identifier 
2008-NM-056-AD.

Comments Due Date

    (a) We must receive comments by January 18, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 777-200, -200LR, 
-300, and -300ER series airplanes, certificated in any category; as 
identified in Boeing Service Bulletin 777-28A0034, Revision 2, dated 
September 20, 2010.

Subject

    (d) Air Transport Association (ATA) of America Code 28, Fuel.

Unsafe Condition

    (e) This AD results from fuel system reviews conducted by the 
manufacturer. The Federal Aviation Administration is issuing this AD 
to prevent electrical current from flowing through a motor operated 
valve (MOV) actuator into a fuel tank, which could create a 
potential ignition source inside the fuel tank. This condition, in 
combination with flammable fuel vapors, 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.

Inspection

    (g) Within 60 months after the effective date of this AD, do an 
inspection of the MOV actuators of the main and center fuel tanks 
for part number (P/N) MA20A1001-1, in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 777-28A0034, 
Revision 2, dated September 20, 2010. A review of airplane 
maintenance records is acceptable in lieu of this inspection if the 
part number can be conclusively determined from that review.

Replacement

    (h) If any P/N MA20A1001-1 is found during the inspection 
required by paragraph (g) of this AD, within 60 months after the 
effective date of this AD, replace the MOV actuator with a new or 
serviceable MOV actuator, P/N MA30A1001; and as applicable, measure 
the electrical resistance of the bond from the adapter plate to the 
airplane structure and do all applicable corrective actions; in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 777-28A0034, Revision 2, dated September 20, 2010. Do all 
applicable corrective actions before further flight.

Part Installation

    (i) As of the effective date of this AD, no person may install 
an MOV actuator, P/N MA20A1001-1, on any airplane.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (j) Actions done in accordance with Boeing Alert Service 
Bulletin 777-28A0034, dated August 2, 2007; or Boeing Alert Service 
Bulletin 777-28A0034, Revision 1, dated May 20, 2010; are considered 
acceptable for compliance with the corresponding actions required by 
paragraphs (g) and (h) of this AD; except that replacement of an MOV 
actuator in accordance with Boeing Alert Service Bulletin 777-
28A0034, dated August 2, 2007, is acceptable for the replacement 
required by paragraph (h) of this AD, provided that the replacement 
P/N is MA30A1001.

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. Send information to 
ATTN: 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. 
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 on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

[[Page 80742]]

    Issued in Renton, Washington, on December 16, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-32208 Filed 12-22-10; 8:45 am]
BILLING CODE 4910-13-P
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