[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Proposed Rules]
[Pages 57383-57389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24811]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / 
Proposed Rules

[[Page 57383]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1024; Product Identifier 2017-NM-065-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
The Boeing Company Model 737-300, -400, -500, -600, -700, -700C, -800, 
-900, and -900ER series airplanes; Model 757 airplanes; Model 767 
airplanes; Model 777 airplanes; and Model 787-8 and 787-9 airplanes. 
This proposed AD was prompted by reports of fuel crossfeed valves 
failing to open when activated during flight. This proposed AD would 
require, for certain airplanes, revising the airplane flight manual 
(AFM); and for certain other airplanes, revising the minimum equipment 
list (MEL) to do an operational check of the fuel crossfeed valve prior 
to each extended range operations (ETOPS) flight if one fuel crossfeed 
valve (or the fuel balancing system on Model 787 airplanes) is 
inoperative. We are proposing this AD to address the unsafe condition 
on these products.

DATES: We must receive comments on this proposed AD by January 19, 
2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1024; 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 NPRM, the regulatory evaluation, any comments received, 
and other information. The street address for the Docket Office (phone: 
800-647-5527) is in the ADDRESSES section. Comments will be available 
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jon Regimbal, Aerospace Engineer, 
Propulsion Section, FAA, Seattle ACO Branch, 1601 Lind Avenue SW., 
Renton, WA 98057-3356; phone: 425-917-6506; fax: 425-917-6590; email: 
<a href="/cdn-cgi/l/email-protection#571d3839790532303e3a35363b1731363679303821"><span class="__cf_email__" data-cfemail="08426766265a6d6f61656a6964486e6969266f677e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2017-1024; 
Product Identifier 2017-NM-065-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM 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 NPRM.

Discussion

    We have received reports of fuel crossfeed valves failing to open 
when activated during flight. The fuel crossfeed valve can fail closed 
due to electrical or mechanical faults. Such a failure would remain 
undiscovered until an attempt is made to open the fuel crossfeed valve. 
Depending on the operational use of the airplane, such a failure could 
remain latent for multiple flights. Some of the affected airplanes have 
only one fuel crossfeed valve. Other affected airplanes have two 
redundant fuel crossfeed valves, but are allowed to be dispatched under 
their MEL with one of the two fuel crossfeed valves inoperative and 
locked closed. Model 787 airplanes have a single crossfeed valve and a 
separate fuel balancing system, either of which allows use of all of 
the main tank fuel by either engine. The Model 787 MEL allows airplanes 
to be dispatched with the fuel balancing system inoperative.
    If an engine failure occurs during certain portions of the cruise 
phase of an ETOPS flight and the fuel crossfeed valve cannot be opened, 
the fuel in the main tank associated with the failed engine cannot be 
used by the remaining operative engine, potentially resulting in a 
forced off-airport landing due to exhaustion of the remaining usable 
fuel and consequent loss of all engine thrust.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type designs.

Proposed AD Requirements

    For airplanes equipped with a single fuel crossfeed valve, this 
proposed AD would require revising the limitation and normal procedures 
sections of the AFM by adding an operational check of the fuel 
crossfeed valve immediately prior to each ETOPS flight. For airplanes 
equipped with dual fuel crossfeed valves, this proposed AD would 
require revising the MEL by adding a requirement to do an operational 
check of the fuel crossfeed valve prior to each ETOPS flight if one 
fuel crossfeed valve (or the fuel balancing system on Model 787 
airplanes) is inoperative.
    This proposed AD would allow removal of the AFM limitation required 
by AD 88-21-03 R1, Amendment 39-6077 (53 FR 46605, November 18, 1988) 
(``88-21-03 R1''), after the applicable AFM limitations in this 
proposed AD are incorporated in the AFM.

[[Page 57384]]

Related AD

    AD 88-21-03 R1 applies to, among other airplanes, certain Model 
737-200, 737-300, 757-200, 767-200, and 767-300 series airplanes. AD 
88-21-03 R1 requires revising the AFM to include an operational check 
of the fuel crossfeed valve during the last hour of cruise flight 
during each ETOPS flight and log book entry of any fuel crossfeed valve 
failure conditions, and repair if necessary.

Costs of Compliance

    We estimate that this proposed AD affects 3,252 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
AFM Revision (2,127 airplanes)........  1 work-hour x $85 per                 $0             $85        $180,795
                                         hour = $85.
MEL Revision (1,125 airplanes)........  1 work-hour x $85 per                  0              85          95,625
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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

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 airworthiness 
directive (AD):

The Boeing Company: Docket No. FAA-2017-1024; Product Identifier 
2017-NM-065-AD.

(a) Comments Due Date

    We must receive comments by January 19, 2018.

(b) Affected ADs

    This AD affects AD 88-21-03 R1, Amendment 39-6077 (53 FR 46605, 
November 18, 1988).

(c) Applicability

    This AD applies to all The Boeing Company airplanes, 
certificated in any category, identified in paragraphs (c)(1) 
through (c)(5) of this AD.
    (1) Model 737-300, -400, -500, -600, -700, -700C, -800, -900, 
and -900ER series airplanes.
    (2) Model 757-200, -200PF, -200CB, and -300 series airplanes.
    (3) Model 767-200, -300, -300F, and -400ER series airplanes.
    (4) Model 777-200, -200LR, -300, -300ER, and -777F series 
airplanes.
    (5) Model 787-8 and 787-9 airplanes.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of fuel crossfeed valves failing 
to open when activated during flight. We are issuing this AD to 
prevent an airplane from being dispatched on an extended range 
operations (ETOPS) flight with a single fuel crossfeed valve that 
cannot be opened. This condition could cause the fuel in the main 
tank associated with a failed engine to be unavailable to the 
remaining operative engine, potentially resulting in a forced 
offairport landing due to exhaustion of the remaining usable fuel 
and consequent loss of all engine thrust.

(f) Compliance

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

(g) AFM Revisions for Model 737 Airplanes Equipped With a Single Fuel 
Crossfeed Valve

    For airplanes identified in paragraph (c)(1) of this AD: Within 
120 days after the effective date of this AD, do the actions in 
specified in paragraphs (g)(1) and (g)(2) of this AD.
    (1) Revise ``Extended Range Operations'' subsection of the 
``Fuel System Limitations'' section of the Section 1 Certificate 
Limitations of the airplane flight manual (AFM) by incorporating the 
information specified in figure 1 to paragraph (g)(1) of this AD. 
This may be done by inserting a copy of this AD into the AFM. When a 
statement identical to that in figure 1 to

[[Page 57385]]

paragraph (g)(1) of this AD has been included in the ``Extended 
Range Operations'' subsection of the ``Fuel System Limitations'' 
section of the Section 1 Certificate Limitations of the general 
revisions of the AFM, the general revisions may be inserted into the 
AFM, and the copy of this AD may be removed from the AFM.
[GRAPHIC] [TIFF OMITTED] TP05DE17.000

    (2) Revise the ``Extended Range Operations'' section of the 
Section 3 Normal Procedures of the AFM by incorporating the 
information specified in figure 2 to paragraph (g)(2) of this AD. 
This may be done by inserting a copy of this AD into the AFM. When a 
statement identical to that in figure 2 to paragraph (g)(2) of this 
AD has been included in the ``Extended Range Operations'' section of 
Section 3 Normal Procedures of the AFM, the general revisions may be 
inserted into the AFM, and the copy of this AD may be removed from 
the AFM.
[GRAPHIC] [TIFF OMITTED] TP05DE17.001

(h) AFM Revisions for Model 757 Airplanes Equipped With a Single Fuel 
Crossfeed Valve

    For airplanes identified in paragraph (c)(2) of this AD having 
line numbers 1 through 616 inclusive and 618 on which the actions 
specified in Boeing Service Bulletin 757-28-0029 (second fuel 
crossfeed valve installation) have not been done: Within 120 days 
after the effective date of this AD, do the actions specified in 
paragraphs (h)(1) and (h)(2) of this AD. For Model 757 airplanes 
identified in this paragraph, if the actions specified in Boeing 
Service Bulletin 757-28-0029 are done after the effective date of 
this AD, then the actions specified in this paragraph are no longer 
required for that airplane and the actions specified in paragraph 
(j) of this AD must be done before further flight after performing 
the actions specified in Boeing Service Bulletin 757-28-0029.
    (1) Revise the ``Extended Range Operations'' section of the 
Section 1 Certificate Limitations of the AFM by incorporating the 
information specified in figure 3 to paragraph (h)(1). This may be 
done by inserting a copy of this AD into the AFM. When a statement 
identical to that in figure 3 to paragraph (h)(1) of this AD has 
been included in the ``Extended Range Operations'' section of the 
Section 1 Certificate Limitations of the general revisions of the 
AFM, the general revisions may be inserted into the AFM, and the 
copy of this AD may be removed from the AFM.

[[Page 57386]]

[GRAPHIC] [TIFF OMITTED] TP05DE17.002

    (2) Revise the ``Extended Range Operations'' section of Section 
3 Normal Procedures of the AFM by incorporating the information 
specified in figure 4 to paragraph (h)(2) of this AD. This may be 
done by inserting a copy of this AD into the AFM. When a statement 
identical to that in figure 4 to paragraph (h)(2) of this AD has 
been included in the Extended Range Operations section of Section 3 
Normal Procedures of the AFM, the general revisions may be inserted 
into the AFM, and the copy of this AD may be removed from the AFM.
[GRAPHIC] [TIFF OMITTED] TP05DE17.003

(i) AFM Revisions for Model 767 Airplanes Equipped With a Single Fuel 
Crossfeed Valve

    For airplanes identified in paragraph (c)(3) of this AD having 
line numbers 1 through 430 inclusive on which the actions specified 
in Boeing Service Bulletin 767-28-0034 (second fuel crossfeed valve 
installation) have not been done as of the effective date of this 
AD: Within 120 days after the effective date of this AD, do the 
actions specified in paragraphs (i)(1) and (i)(2) of this AD. If the 
actions specified in Boeing Service Bulletin 767-28-0034 are done 
after the effective date of this AD, the actions specified in this 
paragraph are no longer required for that airplane and the actions 
specified in paragraph (k) of this AD must be done before further 
flight.
    (1) Revise the ``Extended Range Operations'' section of the 
Section 1 Certificate Limitations of the AFM by incorporating the 
information specified in figure 5 to paragraph (i)(1) of this AD. 
This may be done by inserting a copy of this AD into the AFM. When a 
statement identical to that in figure 5 to paragraph (i)(1) of this 
AD has been included in the ``Extended Range Operations'' section of 
the Section 1 Certificate Limitations of the general revisions of 
the AFM, the general revisions may be inserted into the AFM, and the 
copy of this AD may be removed from the AFM.
[GRAPHIC] [TIFF OMITTED] TP05DE17.004

    (2) Revise the Section 3.1 Normal Procedures of the AFM by 
incorporating the information specified in figure 6 to paragraph 
(i)(2) of this AD. This may be done by inserting a copy of this AD 
into the AFM. When a statement identical to that in figure

[[Page 57387]]

6 to paragraph (i)(2) of this AD has been included in the Extended 
Range Operations section of Section 3.1 Normal Procedures of the 
AFM, the general revisions may be inserted into the AFM, and the 
copy of this AD may be removed from the AFM.
[GRAPHIC] [TIFF OMITTED] TP05DE17.005

(j) Minimum Equipment List (MEL) Revisions for Model 757 Equipped With 
Dual Fuel Crossfeed Valves

    For airplanes identified in paragraph (c)(2) of this AD having 
line numbers 617, 619, and subsequent; and for airplanes identified 
in paragraph (c)(2) of this AD having line numbers 1 through 616 
inclusive and 618, on which a second fuel crossfeed valve has been 
installed before the effective date of this AD, as specified in 
Boeing Service Bulletin 757-28-0029: Within 120 days after the 
effective date of this AD, revise the operator's FAA-approved MEL by 
incorporating the information specified in figure 7 to paragraph (j) 
of this AD as a required operations procedure when dispatching for 
ETOPS operation with an inoperative fuel crossfeed valve. Specific 
alternative MEL wording to accomplish the actions specified in 
figure 7 to paragraph (j) of this AD can be approved by the 
operator's principal operations inspector (POI).
[GRAPHIC] [TIFF OMITTED] TP05DE17.006

(k) MEL Revisions for Model 767 Equipped With Dual Fuel Crossfeed 
Valves

    For airplanes identified in paragraph (c)(3) of this AD having 
line numbers 431 and subsequent; and for airplanes identified in 
paragraph (c)(3) of this AD having line numbers 1 through 430 
inclusive on which a second fuel crossfeed valve has been installed 
before the effective date of this AD, as specified in Boeing Service 
Bulletin 767-28-0034: Within 120 days after the effective date of 
this AD, revise the operator's FAA-approved MEL by incorporating the 
information specified in figure 8 to paragraph (k) of this AD as a 
required operations procedure when dispatching for ETOPS operation 
with an inoperative fuel crossfeed valve. Specific alternative MEL 
wording to accomplish the actions specified in figure 8 to paragraph 
(k) of this AD can be approved by the operator's POI.

[[Page 57388]]

[GRAPHIC] [TIFF OMITTED] TP05DE17.007

(l) MEL Revisions for Model 777 Airplanes

    For airplanes identified in paragraph (c)(4) of this AD: Within 
120 days after the effective date of this AD, revise the operator's 
FAA-approved MEL by incorporating the information specified in 
figure 9 to paragraph (l) of this AD as a required operations 
procedure when dispatching for ETOPS operation with an inoperative 
fuel crossfeed valve. Specific alternative MEL wording to accomplish 
the actions specified in figure 9 to paragraph (l) of this AD can be 
approved by the operator's POI.
[GRAPHIC] [TIFF OMITTED] TP05DE17.008

(m) MEL Revisions for Model 787 Airplanes

    For airplanes identified in paragraph (c)(5) of this AD: Within 
120 days after the effective date of this AD, revise the operator's 
FAA-approved MEL by incorporating the information specified in 
figure 10 to paragraph (m) of this AD into the MEL requirements for 
each of the inoperative items specified in paragraphs (m)(1) through 
(m)(4) of this AD. Specific alternative MEL wording to accomplish 
the actions specified in figure 10 to paragraph (m) of this AD can 
be approved by the operator's POI.
    (1) 28-21-01-01 Pressure Refueling System, Main Tank Inboard 
Refuel Valve.
    (2) 28-22-06 Fuel Balance Switch.
    (3) 28-26-01 Defuel/Isolation Valves.
    (4) 28-41-01-01 Main Tank Fuel Quantity Indication Systems.

[[Page 57389]]

[GRAPHIC] [TIFF OMITTED] TP05DE17.009

(n) AD 88-21-03 R1, Amendment 39-6077 (53 FR 46605-01, November 18, 
1988), AFM Limitation Removal

    After the applicable AFM limitations specified in paragraphs 
(g)(1), (h)(1), and (i)(1) of this AD are incorporated into an 
airplane's AFM, operators may remove the AFM limitation required by 
AD 88-21-03 R1, Amendment 39-6077 (53 FR 46605-01, November 18, 
1988), for that airplane.

(o) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request 
to your principal inspector or local Flight Standards District 
Office, as appropriate. If sending information directly to the 
manager of the certification office, send it to the attention of the 
person identified in paragraph (p) of this AD. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#30091d717e7d1d63555144445c551d71737f1d717d7f731d6255414555434443705651511e575f46"><span class="__cf_email__" data-cfemail="af9682eee1e282fccacedbdbc3ca82eeece082eee2e0ec82fdcadedacadcdbdcefc9cece81c8c0d9">[email protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by the Boeing Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Seattle ACO Branch, to make those findings. To be approved, 
the repair method, modification deviation, or alteration deviation 
must meet the certification basis of the airplane, and the approval 
must specifically refer to this AD.

(p) Related Information

    For more information about this AD, contact Jon Regimbal, 
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6506; 
fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#e1ab8e8fcfb38486888c83808da1878080cf868e97"><span class="__cf_email__" data-cfemail="a5efcacb8bf7c0c2ccc8c7c4c9e5c3c4c48bc2cad3">[email protected]</span></a>.

    Issued in Renton, Washington, on November 6, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-24811 Filed 12-4-17; 8:45 am]
 BILLING CODE 4910-13-P


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