[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Rules and Regulations]
[Pages 61342-61343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24130]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0640; Directorate Identifier 2008-NM-070-AD; 
Amendment 39-15690; AD 2008-21-06]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747-400, 747-400D, and 
747-400F Series 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 747-400, 747-400D, and 747-400F series airplanes. This AD 
requires installing an extension tube to the existing pump discharge 
port of the scavenge pump on the outboard side of the center fuel tank 
in the main fuel tank <greek-i>2. This AD results from fuel system 
reviews conducted by the manufacturer. We are issuing this AD to 
prevent a fire or explosion in the fuel tank and consequent loss of the 
airplane.

DATES: This AD is effective November 20, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 20, 
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 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 747-400, 747-400D, and 747-400F series airplanes. 
That NPRM was published in the Federal Register on June 18, 2008 (73 FR 
34663). That NPRM proposed to require installing an extension tube to 
the existing pump discharge port of the scavenge pump on the outboard 
side of the center fuel tank in the main fuel tank <greek-i>2.

Comments

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

Support for the NPRM

    Boeing concurs with the contents of the NPRM. Air Line Pilots 
Association, International (ALPA), supports the intent of the NPRM.

Request To Reduce the Compliance Time

    ALPA feels that the 60-month compliance time should be reduced to 
24 months. ALPA states that a shorter compliance time should be imposed 
given the number of affected aircraft and the time required for 
installation of tubing.
    We disagree. In developing the compliance time for this NPRM, we 
considered not only the safety implications of the identified unsafe 
condition, but the average utilization rate of the affected fleet, the 
practical aspects of an orderly modification of the fleet during 
regular maintenance periods, the availability of required parts, and 
the time necessary for the rulemaking process. The compliance time is 
determined to be appropriate. Therefore, we have not changed the AD in 
this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed.

Costs of Compliance

    We estimate that this AD affects 31 airplanes of U.S. registry. It 
takes about 16 work-hours per product to comply with this AD. The 
average labor rate is $80 per work-hour. Required parts cost about $900 
per product. Based on these figures, the cost of this AD to the U.S. 
operators is $67,580, or $2,180 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 
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:

[[Page 61343]]

    (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:

2008-21-06 Boeing: Amendment 39-15690. Docket No. FAA-2008-0640; 
Directorate Identifier 2008-NM-070-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective November 20, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747-400, 747-400D, and 747-
400F series airplanes, certificated in any category; as identified 
in Boeing Special Attention Service Bulletin 747-28-2260, dated 
March 13, 2008.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent a fire or explosion 
in the fuel tank and consequent loss of the airplane.

Compliance

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

Installation

    (f) Within 60 months after the effective date of this AD, 
install an extension tube to the existing pump discharge port of the 
scavenge pump on the outboard side of the center fuel tank in the 
main fuel tank <greek-i>2, in accordance with the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 747-28-
2260, dated March 13, 2008.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Seattle Aircraft Certification Office 
(SACO), FAA, ATTN: Sulmo Mariano, Aerospace Engineer, Propulsion 
Branch, ANM-140S, FAA, SACO, 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

    (h) You must use Boeing Special Attention Service Bulletin 747-
28-2260, dated March 13, 2008, 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 
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.

    Issued in Renton, Washington, on October 2, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-24130 Filed 10-15-08; 8:45 am]
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