Proposed Rule2024-07562
Airworthiness Directives; The Boeing Company Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 12, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 747-400F series airplanes. This proposed AD was prompted by a report that cap seals were not applied to certain fasteners in the fuel tanks during production. This proposed AD would require applying cap seals to certain fastener collars inside the fuel tanks. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 72 (Friday, April 12, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 72 (Friday, April 12, 2024)]
[Proposed Rules]
[Pages 25823-25825]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07562]
========================================================================
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. 89, No. 72 / Friday, April 12, 2024 /
Proposed Rules
[[Page 25823]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1000; Project Identifier AD-2023-01051-T]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 747-400F series airplanes. This
proposed AD was prompted by a report that cap seals were not applied to
certain fasteners in the fuel tanks during production. This proposed AD
would require applying cap seals to certain fastener collars inside the
fuel tanks. The FAA is proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments on this proposed AD by May 28,
2024.
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 <a href="http://regulations.gov">regulations.gov</a>. 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.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-1000; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For service information identified in this NPRM, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone 562-797-1717; website <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
<bullet> You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195. It is also available at
<a href="http://regulations.gov">regulations.gov</a> by searching for and locating Docket No. FAA-2024-1000.
FOR FURTHER INFORMATION CONTACT: Samuel Dorsey, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3415; email: <a href="/cdn-cgi/l/email-protection#2b584a465e4e470541054f4459584e526b4d4a4a054c445d"><span class="__cf_email__" data-cfemail="a3d0c2ced6c6cf8dc98dc7ccd1d0c6dae3c5c2c28dc4ccd5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2024-1000; Project Identifier
AD-2023-01051-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Samuel Dorsey, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone: 206-231-3415; email: <a href="/cdn-cgi/l/email-protection#4635272b33232a682c6822293435233f0620272768212930"><span class="__cf_email__" data-cfemail="542735392131387a3e7a303b2627312d143235357a333b22">[email protected]</span></a>.
Any commentary that the FAA receives that is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.
Background
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, the FAA issued a
final rule 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, that rule
included Amendment 21-78, which established Special Federal Aviation
Regulation No. 88 (``SFAR 88'') at 14 CFR part 21. 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'').
[[Page 25824]]
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 final rule published on
May 7, 2001, the FAA 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, the FAA has 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.
The FAA has 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 explosion or fire.
The FAA has received a report indicating that cap seals were not
applied to certain fasteners in the fuel tank during production. The
FAA issued AD 2022-10-11, Amendment 39-22049 (87 FR 34120, June 6,
2022) to require, among other actions, application of cap seals to
certain fasteners in the fuel tank on airplanes having line numbers 645
through 1363 inclusive. Cap seals were determined to be a necessary
feature by SFAR 88 reviews and were required to be retrofitted onto
existing airplanes by AD 2022-10-11 and earlier ADs. Boeing intended to
incorporate similar changes on future airplanes, ultimately those
having line numbers 1364 through 1419 inclusive, via a production
design change. However, Boeing discovered that the design change
omitted application of the cap seals on eight fasteners (four each on
the left and right wings in the inboard main fuel tanks). Without these
cap seals, the ends of the fasteners do not have sufficient electrical
insulation to prevent arcing in the event of a lightning strike or
high-powered short circuit, possibly creating an ignition source in the
inboard main fuel tanks. A failure to prevent possible ignition sources
in the fuel tank, in combination with flammable fuel vapors, could
result in an explosion or fire and consequent loss of the airplane.
FAA's Determination
The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Requirements Bulletin 747-57A2371 RB,
dated September 29, 2023. This service information specifies procedures
for applying cap seals to four fastener collars inside the fuel tank
common to the stiffeners located at the front spar on the left and
right wings. 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 ADDRESSES.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in the service information already described, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. For information on the procedures and compliance times,
see this service information at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-
2024-1000.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 15 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Apply cap seals....................... 37 work-hours x $85 per $1,000 $4,145 $62,175
hour = $3,145.
----------------------------------------------------------------------------------------------------------------
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
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.
The FAA is 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
The FAA 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) Would not affect intrastate aviation in Alaska, and
[[Page 25825]]
(3) Would 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:
The Boeing Company: Docket No. FAA-2024-1000; Project Identifier AD-
2023-01051-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 28, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 747-400F series
airplanes, certificated in any category, as identified in Boeing
Alert Requirements Bulletin 747-57A2371 RB, dated September 29,
2023.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by a report that cap seals were not applied
to certain fasteners in the fuel tanks during production. The FAA is
issuing this AD to address missing cap seals in the fuel tanks. The
unsafe condition, if not addressed, could result in a failure to
prevent possible ignition sources in the fuel tanks, which in
combination with flammable fuel vapors, could result in an explosion
or fire and consequent loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 747-57A2371 RB, dated September 29,
2023, do all applicable actions identified in, and in accordance
with, the Accomplishment Instructions of Boeing Alert Requirements
Bulletin 747-57A2371 RB, dated September 29, 2023.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
747-57A2371, dated September 29, 2023, which is referred to in
Boeing Alert Requirements Bulletin 747-57A2371 RB, dated September
29, 2023.
(h) Exceptions to Service Information Specifications
(1) Where Compliance Time columns of the tables in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 747-
57A2371 RB, dated September 29, 2023, use the phrase ``the original
issue date of Requirements Bulletin 747-57A2371 RB,'' this AD
requires using the effective date of this AD.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, AIR-520, Continued Operational Safety 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
responsible Flight Standards 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
(j)(1) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#dbe2f69a9596f688bebaafafb7bef69a9894f69a969498f689beaaaebea8afa89bbdbabaf5bcb4ad"><span class="__cf_email__" data-cfemail="5a63771b141777093f3b2e2e363f771b1915771b17151977083f2b2f3f292e291a3c3b3b743d352c">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards 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 Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, AIR-
520, Continued Operational Safety Branch, FAA, 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.
(j) Related Information
(1) For more information about this AD, contact Samuel Dorsey,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 206-231-3415; email: <a href="/cdn-cgi/l/email-protection#dcafbdb1a9b9b0f2b6f2b8b3aeafb9a59cbabdbdf2bbb3aa"><span class="__cf_email__" data-cfemail="daa9bbb7afbfb6f4b0f4beb5a8a9bfa39abcbbbbf4bdb5ac">[email protected]</span></a>.
(2) Service information identified in this AD that is not
incorporated by reference is available at the address specified in
paragraphs (k)(3) of this AD.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin 747-57A2371 RB, dated
September 29, 2023.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; website <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#492f3b6720273a392c2a3d2026270927283b28672e263f"><span class="__cf_email__" data-cfemail="2d4b5f0344435e5d484e594442436d434c5f4c034a425b">[email protected]</span></a>.
Issued on April 4, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-07562 Filed 4-11-24; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 12, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.