[Federal Register Volume 73, Number 178 (Friday, September 12, 2008)]
[Rules and Regulations]
[Pages 52911-52914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20364]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0091; Directorate Identifier 2007-NM-311-AD; 
Amendment 39-15666; AD 2008-18-09]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Boeing Model 747 airplanes. This AD requires modification of the refuel 
valve control unit for the reserve fuel tanks. This AD also requires a 
revision to the FAA-approved maintenance program to incorporate 
airworthiness limitation (AWL) No. 28-AWL-20 or AWL No. 28-AWL-25, as 
applicable. This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent lightning-induced 
electrical energy from entering a reserve fuel tank through the refuel 
valve, which could result in a fuel tank explosion and consequent loss 
of the airplane.

DATES: This AD is effective October 17, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 17, 
2008.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

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

[[Page 52912]]

docket contains this AD, the regulatory evaluation, any comments 
received, and other information. The address for the Docket Office 
(telephone 800-647-5527) is the Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: Sulmo Mariano, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6501; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain Boeing Model 747 airplanes. That NPRM was published in the 
Federal Register on January 31, 2008 (73 FR 5770). That NPRM proposed 
to require modification of the refuel valve control unit for the 
reserve fuel tanks. That NPRM also proposed to require a revision to 
the FAA-approved maintenance program to incorporate airworthiness 
limitation (AWL) No. 28-AWL-20 or AWL No. 28-AWL-25, as applicable.

Actions Since NPRM Was Issued

    On April 28, 2008, we issued AD 2008-10-07, amendment 39-15513 (73 
FR 25977, May 8, 2008), applicable to certain Boeing Model 747-100, 
747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, 
and 747SP series airplanes. That AD requires revising the FAA-approved 
maintenance program by incorporating new AWLs for fuel tank systems to 
satisfy Special Federal Aviation Regulation No. 88 (``SFAR 88'') 
requirements. That AD also requires the initial inspection of certain 
repetitive AWL inspections to phase in those inspections, and repair if 
necessary. As an optional action, that AD also allows incorporating AWL 
No. 28-AWL-20 into the FAA-approved maintenance program. Therefore, we 
have added a new paragraph (i) to this AD, which states that 
incorporating AWL No. 28-AWL-20 into the FAA-approved maintenance 
program in accordance with paragraph (g) of AD 2008-10-07 terminates 
the action required by paragraph (g)(1) of this AD, for the applicable 
airplanes.
    On April 28, 2008, we issued AD 2008-10-06, amendment 39-15512 (73 
FR 25990, May 8, 2008), applicable to certain Boeing Model 747-400, 
747-400D, and 747-400F series airplanes. That AD requires revising the 
FAA-approved maintenance program by incorporating new 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. As an optional action, that 
AD also allows incorporating AWL No. 28-AWL-25 into the FAA-approved 
maintenance program. Therefore, we have added a new paragraph (j) to 
this AD, which states that incorporating AWL No. 28-AWL-25 into the 
FAA-approved maintenance program in accordance with paragraph (g)(3) of 
AD 2008-10-06 terminates the action required by paragraph (g)(2) of 
this AD, for the applicable airplanes.

Comments

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

Request To Allow Use of Future Revisions to the Service Bulletin

    Boeing and Japan Airlines (JAL) request that we revise paragraph 
(f) of the NPRM to specify that the proposed modification may also be 
done in accordance with any future approved revisions to Boeing Alert 
Service Bulletin 747-28A2291. As justification, Boeing states that the 
service bulletin could be revised by the time we issue this AD. JAL 
states that, during validation of the original issue of the service 
bulletin, Boeing found minor discrepancies with the service bulletin, 
which Boeing will correct in the next revision to the service bulletin.
    We disagree with revising paragraph (f) of this AD, since Boeing 
has not issued a revision to the service bulletin. If the service 
bulletin is revised after issuance of this AD, we might consider 
approving the revised service bulletin as an alternative method of 
compliance (AMOC). Further, we have removed all references to the use 
of a ``later revision'' of the applicable service information from 
paragraphs (g)(1) and (g)(2) of this AD to be consistent with FAA 
policies and Office of the Federal Register regulations. We may 
consider approving the use of later revisions of the service 
information as an AMOC with this AD, as provided by paragraph (k) of 
this AD.

Request To Revise Paragraph (g)

    KLM Royal Dutch Airlines (KLM) states that the intent of paragraph 
(g) of the NPRM is to maintain the design features introduced in 
accordance with Boeing Alert Service Bulletin 747-28A2291, dated 
September 27, 2007, when the reserve tank fueling valve controller is 
removed and replaced. KLM thinks that it is clearer if paragraph (g) of 
the NPRM states that the critical design configuration control 
limitations (CDCCLs) must be incorporated into the applicable 
paragraphs of the aircraft maintenance manual (AMM) to maintain these 
design features.
    We infer that KLM requests that we revise paragraphs (g)(1) and 
(g)(2) of this AD as proposed above. We disagree because it is 
insufficient to only update the AMM with CDCCL notes. CDCCLs are 
airworthiness limitations. This AD requires revising an operator's FAA-
approved maintenance program to include the new CDCCL, but it does not 
require specific changes to the AMM. We have not changed this AD in 
this regard.

Request To Extend Compliance Time

    Lufthansa requests that we extend the compliance time from 60 
months to 72 months for accomplishing the proposed modification. 
Lufthansa states that this extension will allow operators to implement 
the modification at the next maintenance layover.
    We do not agree with Lufthansa's request to extend the compliance 
time. The operator provides no technical justification for revising the 
compliance time. In developing an appropriate compliance time for this 
AD, we considered the urgency associated with the subject unsafe 
condition and the practical aspect of accomplishing the required 
modification on the 747 fleet in a timely manner. Also, the 
modification requires less than 7 work hours, which may be done as 
separate work packages during regular maintenance. However, according 
to the provisions of paragraph (k) of this AD, we may approve requests 
to adjust the compliance time if the request includes data that prove 
that the new compliance time would provide an acceptable level of 
safety. No change to this AD is necessary in this regard.

Other Change Made to This AD

    For standardization purposes, we have added a new paragraph (h) to 
this AD to specify that no alternative CDCCLs may be used unless they 
are approved as an AMOC. Inclusion of this paragraph in the AD is 
intended to ensure that the AD-mandated airworthiness limitations 
changes are treated the same as the airworthiness limitations issued 
with the original type certificate.

[[Page 52913]]

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 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 about 300 airplanes of U.S. 
registry. The following table provides the estimated costs, at an 
average labor rate of $80 per hour, for U.S. operators to comply with 
this AD.

                                                 Estimated Costs
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            Action                  Work hours           Parts       Cost per product          Fleet cost
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Modification..................  Up to 7..........  Up to $286......  Up to $846......  Up to $253,800.
Maintenance program revision..  1................  None............  $80.............  $24,000.
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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

    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), 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.

Adoption of the Amendment

0
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 adding the following new AD:

2008-18-09 Boeing: Amendment 39-15666. Docket No. FAA-2008-0091; 
Directorate Identifier 2007-NM-311-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective October 17, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747-100, 747-100B, 747-100B 
SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-
400F, 747SR, and 747SP series airplanes, certificated in any 
category; as identified in Boeing Alert Service Bulletin 747-
28A2291, dated September 27, 2007.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (k) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent lightning-induced 
electrical energy from entering a reserve fuel tank through the 
refuel valve, which 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.

Modification

    (f) Within 60 months after the effective date of this AD, modify 
the refuel valve control unit for the reserve fuel tanks, by 
accomplishing all of the applicable actions specified in the 
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
28A2291, dated September 27, 2007.

Maintenance Program Revision

    (g) Concurrently with accomplishing the modification required by 
paragraph (f) of this AD, revise the FAA-approved maintenance 
program by incorporating the information specified in paragraph 
(g)(1) or (g)(2) of this AD, as applicable.
    (1) For Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-
200C, 747-200F, 747-300, 747SR, and 747SP series airplanes: 
Incorporate AWL No. 28-AWL-20 of Section D of the Boeing 747-100/
200/300/SP Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs), D6-13747-CMR, Revision January 
2007, into the FAA-approved maintenance program.
    (2) For Model 747-400, 747-400D, and 747-400F series airplanes: 
Incorporate AWL No. 28-AWL-25 of Subsection D of the Boeing 747-400 
Maintenance Planning Data (MPD) Document, D621U400-9, Section 9, 
Revision 24, dated June 2006, into the FAA-approved maintenance 
program.

No Alternative Critical Design Configuration Control Limitations 
(CDCCLs)

    (h) After accomplishing the applicable action specified in 
paragraph (g) of this AD, no alternative CDCCLs may be used unless 
the CDCCLs are approved as an AMOC in accordance with the procedures 
specified in paragraph (k) of this AD.

[[Page 52914]]

Terminating Action for Maintenance Program Revision

    (i) For Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-
200C, 747-200F, 747-300, 747SR, and 747SP series airplanes: 
Incorporating AWL No. 28-AWL-20 into the FAA-approved maintenance 
program in accordance with paragraph (g) of AD 2008-10-07, amendment 
39-15513, terminates the action required by paragraph (g)(1) of this 
AD.
    (j) For Model 747-400, 747-400D, and 747-400F series airplanes: 
Incorporating AWL No. 28-AWL-25 into the FAA-approved maintenance 
program in accordance with paragraph (g)(3) of AD 2008-10-06, 
amendment 39-15512, terminates the action required by paragraph 
(g)(2) of this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle ACO, FAA, ATTN: Sulmo Mariano, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6501; fax (425) 917-6590; 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19.
    (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 appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Material Incorporated by Reference

    (l) You must use the service information contained in Table 1 of 
this AD 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, P.O. Box 3707, Seattle, Washington 
98124-2207.
    (3) You may review copies of the service information that is 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or 
go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

                                   Table 1--Material Incorporated by Reference
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          Service information                         Revision                               Date
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Boeing Alert Service Bulletin 747-      Original...........................  September 27, 2007.
 28A2291.
Boeing 747-100/200/300/SP               January 2007.......................  January 2007.
 Airworthiness Limitations (AWLs) and
 Certification Maintenance
 Requirements (CMRs), D6-13747-CMR.
Boeing 747-400 Maintenance Planning     24.................................  June 2006.
 Data (MPD) Document, D621U400-9,
 Section 9.
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    Issued in Renton, Washington, on August 25, 2008.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-20364 Filed 9-11-08; 8:45 am]
BILLING CODE 4910-13-P