[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Proposed Rules]
[Pages 15681-15683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7805]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0314; Directorate Identifier 2008-NM-196-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200, -300, -300F, and 
-400ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Boeing Model 767-200, -300, -300F, and -400ER series airplanes. 
This proposed AD would require an inspection to determine if certain 
motor operated valve actuators for the fuel tanks are installed, and 
related investigative and corrective actions if necessary. This 
proposed AD results from fuel system reviews conducted by the 
manufacturer. We are proposing this AD to prevent an ignition source 
inside the fuel tanks, which, 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 proposed AD by May 22, 2009.

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 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 <a href="/cdn-cgi/l/email-protection#573a327935383234383a173538323e39307934383a"><span class="__cf_email__" data-cfemail="5538307b373a30363a3815373a303c3b327b363a38">[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 or 
425-227-1152.

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: Douglas Bryant, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6505; fax (425) 917-6590.

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-2009-0314; 
Directorate Identifier 2008-NM-196-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

    The FAA has examined the underlying safety issues involved in fuel 
tank explosions on several large transport airplanes, including the 
adequacy of existing regulations, the service history of airplanes 
subject to those regulations, and existing maintenance practices for 
fuel tank systems. As a result of those findings, we issued a 
regulation titled ``Transport Airplane Fuel Tank System Design Review, 
Flammability Reduction and Maintenance and Inspection Requirements'' 
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards 
for transport airplanes and

[[Page 15682]]

new maintenance requirements, this rule included Special Federal 
Aviation Regulation No. 88 (``SFAR 88,'' Amendment 21-78, and 
subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent modifications to those airplanes. It requires them to 
perform design reviews and to develop design changes and maintenance 
procedures if their designs do not meet the new fuel tank safety 
standards. As explained in the preamble to the rule, we intended to 
adopt airworthiness directives to mandate any changes found necessary 
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: Single failures, single failures in 
combination with a latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    We have determined that the actions identified in this AD are 
necessary to reduce the potential for ignition sources inside fuel 
tanks caused by latent failures, alterations, repairs, or maintenance 
actions, which, in combination with flammable fuel vapors, could result 
in fuel tank explosions and consequent loss of the airplane.
    Boeing has found that, under specific conditions, it is possible 
for electrical current to flow through certain motor operated valve 
(MOV) actuators into the fuel tank. Boeing has developed a new valve 
actuator to replace those actuators. The new MOV actuator includes an 
internal electrical isolator to give the MOV actuator protection 
against electrical energy from lightning, hot shorts, and internal 
shorts. The new MOV actuator will prevent the flow of an electrical 
current into the fuel tank, which, in combination with flammable fuel 
vapors, could result in a fuel tank explosion and consequent loss of 
the airplane.

Related Rulemaking

    On May 8, 2008, we issued AD 2008-11-01, amendment 39-15523 (73 FR 
29414, May 21, 2008), for certain Boeing Model 767-200, -300, -300F, 
and -400ER series airplanes. That AD requires revising the FAA-approved 
maintenance program to incorporate new airworthiness limitations (AWLs) 
for fuel tank systems to satisfy SFAR 88 requirements. That AD also 
requires the initial inspection of certain repetitive AWL inspections 
to phase in those inspections, and repair if necessary. That AD 
resulted from a design review of the fuel tank systems. We issued that 
AD to prevent the potential for ignition sources inside fuel tanks 
caused by latent failures, alterations, repairs, or maintenance 
actions, which, in combination with flammable fuel vapors, could result 
in fuel tank explosion and consequent loss of the airplane.
    The version of the Maintenance Planning Data (MPD) Document 
(described below) that is required by AD 2008-11-01 and referenced in 
this proposed AD has not been changed and includes the AWLs for this 
proposed AD.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 767-28A0090, dated 
July 3, 2008. The service bulletin describes procedures for inspecting 
to determine the part number (P/N) of MOV actuators for the main and 
center fuel tanks. The service bulletin specifies that no more work is 
necessary if the part number is acceptable.
    If the part number is not acceptable, the service bulletin 
specifies related investigative and corrective actions as follows:
    <bullet> Replacing the MOV actuator with a new actuator having P/N 
MA30A1001.
    <bullet> Doing an electrical resistance check; and, if the 
resistance is not acceptable, reworking the faying bond and airplane 
parts (including the index plate and adapter plate, as applicable).
    <bullet> For any new part installed at the dual forward/aft engine 
fuel crossfeed location, inspecting for the ``SWEENEY ENGR CORP'' 
marking on the adaptor plate, and installing a shim kit as applicable.
    <bullet> For airplanes that have a deflector kit installed at the 
left and right engine fuel shutoff MOV actuator location, installing a 
new wire support assembly on the deflector to prevent part 
interference.
    Boeing Alert Service Bulletin 767-28A0090, dated July 3, 2008, also 
cites Section 9 of the Boeing 767 MPD Document, D622T001-9.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the(se) same type 
design(s). This proposed AD would require accomplishing the actions 
specified in the service information described previously, except as 
discussed under ``Differences Between the Proposed AD and the Service 
Bulletin.''

Differences Between the Proposed AD and the Service Bulletin

    Although Boeing Alert Service Bulletin 767-28A0090, dated July 3, 
2008 (``the service bulletin''), refers to Section 9 of the Boeing 767 
Maintenance Planning Data (MPD) Document, D622T001-9, this proposed AD 
would not require revising the FAA-approved maintenance program to 
incorporate the new airworthiness limitations (AWLs) in Revision April 
2008 of that document. We require that action in AD 2008-11-01.
    The service bulletin also specifies replacing any MOV actuator 
having part number MA20A1001-1 with a new MOV actuator having P/N 
MA30A1001; however, this proposed AD would include other acceptable 
replacement part numbers. Other approved part numbers that are 
interchangeable with P/N MA30A1001 are as follows:
    <bullet> MA20A2027 (S343T003-56)
    <bullet> MA11A1265-1 (S343T003-41)
    <bullet> AV-31-1 (S343T003-111)

Costs of Compliance

    We estimate that this proposed AD would affect 397 airplanes of 
U.S. registry. We also estimate that it would take about 1 work-hour 
per product to comply with this proposed AD. The average labor rate is 
$80 per work-hour. Required parts would cost about $80 per product. 
Based on these figures, we estimate the cost of this proposed AD to the 
U.S. operators to be $63,520, or $160 per product.

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

[[Page 15683]]

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:

Boeing: Docket No. FAA-2009-0314; Directorate Identifier 2008-NM-
196-AD.

Comments Due Date

    (a) We must receive comments by May 22, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, -300F, and -
400ER series airplanes, certificated in any category; as identified 
in Boeing Alert Service Bulletin 767-28A0090, dated July 3, 2008.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent an ignition source 
inside the fuel tanks, which, in combination with flammable fuel 
vapors, could result in a fuel tank explosion and consequent loss of 
the airplane.

Compliance

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

Subject

    (f) Air Transport Association (ATA) of America Code 28: Fuel.

Inspection and Related Investigative/Corrective Actions

    (g) Within 60 months after the effective date of this AD, do the 
actions in paragraphs (g)(1) and (g)(2) of this AD.
    (1) Inspect the motor operated valves (MOVs) in the main and 
center fuel tanks to determine if any MOV having part number (P/N) 
MA20A1001-1 is installed, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-28A0090, dated 
July 3, 2008. A review of airplane maintenance records is acceptable 
in lieu of this inspection if the part number can be conclusively 
determined from that review.
    (2) Do all applicable related investigative and corrective 
actions specified in and in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-28A0090, dated 
July 3, 2008, except as provided by paragraph (h) of this AD.

Alternative Part Numbers

    (h) Where Boeing Alert Service Bulletin 767-28A0090, dated July 
3, 2008, specifies replacing any actuator having P/N MA20A1001-1 
with a new actuator having P/N MA30A1001, a new or serviceable 
actuator having any of the following part numbers is also acceptable 
as a replacement part: MA20A2027 (S343T003-56); MA11A1265-1 
(S343T003-41); or AV-31-1 (S343T003-111).

Alternative Methods of Compliance (AMOCs)

    (i)(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: Douglas Bryant, Aerospace Engineer, Propulsion Branch, ANM-
140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, 
SW., Renton, Washington 98057-3356; telephone (425) 917-6505; fax 
(425) 917-6590.
    (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.

    Issued in Renton, Washington, on March 30, 2009.
Steve Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-7805 Filed 4-6-09; 8:45 am]
BILLING CODE 4910-13-P


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