[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Proposed Rules]
[Pages 26747-26750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09795]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-6141; Directorate Identifier 2015-NM-048-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
[[Page 26748]]
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Model 767 airplanes. This proposed AD was prompted
by fuel system reviews conducted by the manufacturer. This proposed AD
would require modifying the fuel quantity indicating system (FQIS) to
prevent development of an ignition source inside the center fuel tank
due to electrical fault conditions. This proposed AD would also provide
optional actions for cargo airplanes. We are proposing this AD to
prevent ignition sources inside the center fuel tank, 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 June 20, 2016.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000,
extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call 425-227-1221. It
is also available on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-6141.
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-2016-
6141; 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 (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 Branch, ANM-140S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6506; fax: 425-917-6590; email: [email protected].
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-2016-6141;
Directorate Identifier 2015-NM-048-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 new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88''),
Amendment 21-78. Subsequently, SFAR 88 was amended by: Amendment 21-82
(67 FR 57490, September 10, 2002; corrected at 67 FR 70809, November
26, 2002) and Amendment 21-83 (67 FR 72830, December 9, 2002; corrected
at 68 FR 37735, June 25, 2003, to change ``21-82'' to ``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, combination of
failures, and unacceptable (failure) experience. For all three failure
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 proposed AD
are necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
767 FQIS Design
The design of the in-tank FQIS components and wiring has the
potential for latent faults that could cause arcs, sparks, or resistive
heating in the event of a hot short of an FQIS tank circuit to power
wiring. The wiring of the FQIS is in some areas cobundled or closely
adjacent to power wiring. An ignition source combined with flammable
conditions in a center fuel tank could result in ignition of flammable
vapor in the fuel tank, causing a structural failure of the wing and
inflight breakup of the airplane.
Under the policy contained in FAA Policy Memo PS-ANM100-2003-112-15
SFAR 88--Mandatory Action Decision Criteria, dated February 25, 2003
(http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgPolicy.nsf/0/
dc94c3a46396950386256d5e006aed11/
[[Page 26749]]
$FILE/Feb2503.pdf), the FAA determined that this ignition source risk
combined with the fleet average flammability for the center wing tank
on most Model 767 airplanes created an unsafe condition for the center
fuel tank. Applying that same policy, the FAA determined that, due to a
lower fleet average flammability, that same unsafe condition does not
exist in the main (wing) tanks of Model 767 airplanes. The FAA has also
determined that the unsafe condition does not exist in the center wing
tanks of certain Model 767-200 airplanes that do not carry fuel within
the center wing structural box. For those Model 767-200 airplanes, the
center tank consists of rib bays in the wing root area between the side
of the fuselage and the engine nacelles. Those areas are subject to
cooling from air flow over the wing in flight, and Boeing has shown
that the center fuel tank on those airplanes meets the FAA's definition
of a low-flammability fuel tank contained in the policy memo mentioned
previously.
Related Rulemaking
On March 21, 2016, we issued AD 2016-07-07, Amendment 39-18452 (81
FR 19472, April 5, 2016), for certain Boeing Model 757-200, -200PF, -
200CB, and -300 series airplanes. AD 2016-07-07 requires similar
actions to those proposed in this NPRM. AD 2016-07-07 addressed the
numerous public comments that were submitted on the proposal.
Related Service Information Under 1 CFR Part 51
We reviewed Boeing Service Bulletin 767-28-0118, dated July 15,
2014. The service information describes procedures for a BITE check
(check of built-in test equipment) of the FQIS. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.
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 design.
Proposed AD Requirements
This proposed AD would require modifying the FQIS to prevent
development of an ignition source inside the center fuel tank due to
electrical fault conditions. As an alternative for cargo airplanes,
this proposed AD would provide the option to modify the airplane by
separating FQIS wiring routed between the FQIS processor and the center
fuel tank, provided repetitive BITE checks (checks of built-in test
equipment) of the FQIS are also performed. Refer to the service
information identified previously for details on the procedures and
compliance times.
Costs of Compliance
We estimate that this proposed AD affects 133 airplanes of U.S.
registry. This estimate includes 127 cargo airplanes; 4 private,
business/corporate/executive, or government airplanes; and 2
experimental airplanes. We estimate the following costs to comply with
this proposed AD:
Estimated Costs--Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Modification................ 1,200 work-hours x $85 per hour $200,000 $302,000 $40,166,000
= $102,000.
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Estimated Costs--Alternative Actions
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Action Labor cost Parts cost Cost per product
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BITE check........................... 18 work-hours x $85 per hour = $0 $1,530 per check.
$1,530 per check.
Wire separation...................... 230 work-hours x $85 per hour = $10,000 $29,550.
$19,550.
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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),
(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:
[[Page 26750]]
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-2016-6141; Directorate Identifier
2015-NM-048-AD.
(a) Comments Due Date
We must receive comments by June 20, 2016.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category,
excluding airplanes identified in paragraphs (c)(1) and (c)(2) of
this AD.
(1) Airplanes on which the center auxiliary tank consists only
of the spaces between the side of body rib 0 and rib 3 of the left
and right wings (i.e., the wing center structural box is a dry bay
and is not part of the fuel tank).
(2) Airplanes equipped with a flammability reduction means (FRM)
approved by the FAA as compliant with the Fuel Tank Flammability
Reduction (FTFR) rule (73 FR 42444, July 21, 2008) requirements of
section 25.981(b) or section 26.33(c)(1) of the Federal Aviation
Regulations (14 CFR 25.981(b) or 14 CFR 26.33(c)(1)).
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent ignition sources
inside the center fuel tank, which, in combination with flammable
fuel vapors, could result in a fuel tank explosion and consequent
loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Modification
Within 60 months after the effective date of this AD, modify the
fuel quantity indicating system (FQIS) to prevent development of an
ignition source inside the center fuel tank due to electrical fault
conditions, using a method approved in accordance with the
procedures specified in paragraph (i) of this AD.
(h) Alternative Actions for Cargo Airplanes
For airplanes used exclusively for cargo operations: As an
alternative to the requirements of paragraph (g) of this AD, do the
actions specified in paragraphs (h)(1) and (h)(2) of this AD. To
exercise this option, operators must perform the first inspection
required under paragraph (h)(1) of this AD within 6 months after the
effective date of this AD. To exercise this option for airplanes
returned to service after conversion of the airplane from a
passenger configuration to an all-cargo configuration more than 6
months after the effective date of this AD, operators must perform
the first inspection required under paragraph (h)(1) of this AD
prior to further flight after the conversion.
(1) Within 6 months after the effective date of this AD, record
the existing fault codes stored in the FQIS processor and then do a
BITE check (check of built-in test equipment) of the FQIS, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 767-28-0118, dated July 15, 2014. If any nondispatchable
fault code is recorded prior to the BITE check or as a result of the
BITE check, before further flight, do all applicable repairs and
repeat the BITE check until a successful test is performed with no
nondispatchable faults found, in accordance with Boeing Service
Bulletin 767-28-0118, dated July 15, 2014. Repeat these actions
thereafter at intervals not to exceed 650 flight hours. Modification
as specified in paragraph (h)(2) of this AD does not terminate the
repetitive BITE check requirement of this paragraph.
(2) Within 60 months after the effective date of this AD, modify
the airplane by separating FQIS wiring that runs between the FQIS
processor and the center tank wing spar penetrations, including any
circuits that might pass through a main fuel tank, from other
airplane wiring that is not intrinsically safe, using methods
approved in accordance with the procedures specified in paragraph
(i) of this AD.
(i) Alternative Methods of Compliance (AMOCs)
(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. 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 ACO, send it to the
attention of the person identified in paragraph (j) of this AD.
Information may be emailed to: [email protected].
(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, 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.
(4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(i)(4)(i) and (i)(4)(ii) apply.
(i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
(ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.
(j) Related Information
For more information about this AD, contact Jon Regimbal,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone: 425-917-6506; fax: 425-917-6590; email:
[email protected].
Issued in Renton, Washington, on April 15, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-09795 Filed 5-3-16; 8:45 am]
BILLING CODE 4910-13-P