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3956

Proposed Rules Federal Register


Vol. 72, No. 18

Monday, January 29, 2007

This section of the FEDERAL REGISTER • Hand Delivery: Room PL–401 on Management Facility office (telephone
contains notices to the public of the proposed the plaza level of the Nassif Building, (800) 647–5227) is located on the plaza
issuance of rules and regulations. The 400 Seventh Street, SW., Washington, level of the Nassif Building at the DOT
purpose of these notices is to give interested DC, between 9 a.m. and 5 p.m., Monday street address stated in the ADDRESSES
persons an opportunity to participate in the through Friday, except Federal holidays. section. Comments will be available in
rule making prior to the adoption of the final
rules.
Contact Boeing Commercial the AD docket shortly after the Docket
Airplanes, P.O. Box 3707, Seattle, Management System receives them.
Washington 98124–2207, for the service
Discussion
DEPARTMENT OF TRANSPORTATION information identified in this proposed
AD. The FAA has examined the
Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: underlying safety issues involved in fuel
Margaret Langsted, Aerospace Engineer, tank explosions on several large
14 CFR Part 39 Propulsion Branch, ANM–140S, FAA, transport airplanes, including the
Seattle Aircraft Certification Office, adequacy of existing regulations, the
[Docket No. FAA–2007–27042; Directorate service history of airplanes subject to
1601 Lind Avenue, SW., Renton,
Identifier 2006–NM–225–AD] those regulations, and existing
Washington 98057–3356; telephone
RIN 2120–AA64 (425) 917–6500; fax (425) 917–6590. maintenance practices for fuel tank
SUPPLEMENTARY INFORMATION: systems. As a result of those findings,
Airworthiness Directives; Boeing we issued a regulation titled ‘‘Transport
Model 777–200, –300, and –300ER Comments Invited Airplane Fuel Tank System Design
Series Airplanes We invite you to submit any relevant Review, Flammability Reduction and
written data, views, or arguments Maintenance and Inspection
AGENCY: Federal Aviation Requirements’’ (66 FR 23086, May 7,
regarding this proposed AD. Send your
Administration (FAA), Department of 2001). In addition to new airworthiness
comments to an address listed in the
Transportation (DOT). standards for transport airplanes and
ADDRESSES section. Include the docket
ACTION: Notice of proposed rulemaking number ‘‘FAA–2007–27042; Directorate new maintenance requirements, this
(NPRM). Identifier 2006–NM–225–AD’’ at the rule included Special Federal Aviation
beginning of your comments. We Regulation No. 88 (‘‘SFAR 88,’’
SUMMARY: The FAA proposes to adopt a Amendment 21–78, and subsequent
new airworthiness directive (AD) for specifically invite comments on the
overall regulatory, economic, Amendments 21–82 and 21–83).
certain Boeing Model 777–200, –300, Among other actions, SFAR 88
and –300ER series airplanes. This environmental, and energy aspects of
the proposed AD. We will consider all requires certain type design (i.e., type
proposed AD would require installing certificate (TC) and supplemental type
Teflon sleeving under the clamps of the comments received by the closing date
and may amend the proposed AD in certificate (STC) holders to substantiate
wire bundles routed along the fuel tank that their fuel tank systems can prevent
boundary structure, and cap sealing light of those comments.
We will post all comments we ignition sources in the fuel tanks. This
certain penetrating fasteners of the main requirement applies to type design
receive, without change, to http://
and center fuel tanks. This proposed AD holders for large turbine-powered
dms.dot.gov, including any personal
results from fuel system reviews transport airplanes and for subsequent
information you provide. We will also
conducted by the manufacturer. We are modifications to those airplanes. It
post a report summarizing each
proposing this AD to prevent electrical requires them to perform design reviews
substantive verbal contact with FAA
arcing on the fuel tank boundary and to develop design changes and
personnel concerning this proposed AD.
structure or inside the fuel tanks, which maintenance procedures if their designs
Using the search function of that Web
could result in a fire or explosion. do not meet the new fuel tank safety
site, anyone can find and read the
DATES: We must receive comments on comments in any of our dockets, standards. As explained in the preamble
this proposed AD by March 15, 2007. including the name of the individual to the rule, we intended to adopt
ADDRESSES: Use one of the following who sent the comment (or signed the airworthiness directives to mandate any
addresses to submit comments on this comment on behalf of an association, changes found necessary to address
proposed AD. business, labor union, etc.). You may unsafe conditions identified as a result
• DOT Docket Web site: Go to review DOT’s complete Privacy Act of these reviews.
http://dms.dot.gov and follow the Statement in the Federal Register In evaluating these design reviews, we
instructions for sending your comments published on April 11, 2000 (65 FR have established four criteria intended
electronically. 19477–78), or you may visit http:// to define the unsafe conditions
• Government-wide rulemaking Web dms.dot.gov. associated with fuel tank systems that
site: Go to http://www.regulations.gov require corrective actions. The
and follow the instructions for sending Examining the Docket percentage of operating time during
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your comments electronically. You may examine the AD docket on which fuel tanks are exposed to
• Mail: Docket Management Facility, the Internet at http://dms.dot.gov, or in flammable conditions is one of these
U.S. Department of Transportation, 400 person at the Docket Management criteria. The other three criteria address
Seventh Street, SW., Nassif Building, Facility office between 9 a.m. and 5 the failure types under evaluation:
room PL–401, Washington, DC 20590. p.m., Monday through Friday, except Single failures, single failures in
• Fax: (202) 493–2251. Federal holidays. The Docket combination with a latent condition(s),

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Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Proposed Rules 3957

and in-service failure experience. For all Relevant Service Information condition that is likely to exist or
four criteria, the evaluations included We have reviewed the following develop on other airplanes of this same
consideration of previous actions taken service information: type design. For this reason, we are
that may mitigate the need for further • Boeing Alert Service Bulletin 777– proposing this AD, which would require
action. 57A0050, dated January 26, 2006 accomplishing the actions specified in
We have determined that the actions (applicable to Model 777–200, –200ER, the service information described
identified in this AD are necessary to –300, and –300ER airplanes), which previously.
reduce the potential of ignition sources describes procedures for installing
inside fuel tanks, which, in combination Teflon sleeving under the clamps of the Clarification of Model Number
with flammable fuel vapors, could result power feeder wire bundles routed along Reference
in fuel tank explosions and consequent certain fuel tank boundary structure and Although Alert Service Bulletin 777–
loss of the airplane. for cap sealing selected fasteners of the
57A0050 refers to ‘‘Model 777–200ER’’
We have received a report that seven main and center fuel tanks;
• Boeing Alert Service Bulletin 777– airplanes, this is a European designation
operators discovered pinched insulation that does not apply to airplanes of U.S.
57A0051, dated May 15, 2006
or wiring damage under the clamps of registry. Therefore, the applicability of
(applicable to Model 777–200 and –300
wire bundles routed along the fuel tank this proposed AD will not specify
airplanes), which describes procedures
boundary structure of Model 777 Model 777–200ER airplanes. However,
for cap sealing the spoilers numbers 5
airplanes. In some cases, bare wires U.S. operators should take any reference
and 10 outboard hinge fitting fasteners
were discovered. Also, it was to Model 777–200ER airplanes in Alert
in the main fuel tanks; and
determined that certain penetrating • Boeing Alert Service Bulletin 777– Service Bulletin 777–57A0050 as
fasteners of the main and center fuel 57A0057, dated August 7, 2006 applicable to Model 777–200 airplanes
tanks were not adequately sealed against (applicable to Model 777–200, –300, as designated by the type certificate data
fault currents induced by short circuits and –300ER airplanes), which describes sheet.
or lightning strikes, and that certain procedures for cap sealing certain
other fasteners of the center fuel tank fasteners in the center fuel tanks that Costs of Compliance
had not been sealed during production. were not sealed during production.
During a short circuit event or lightning Accomplishing the actions specified There are about 446 airplanes of the
strike, damaged wires could cause in the service information is intended to affected design in the worldwide fleet.
electrical arcing on the fuel tank adequately address the unsafe This proposed AD would affect about
boundary structure or conduct electrical condition. 123 airplanes of U.S. registry. The
current to unsealed fasteners that following table provides the estimated
penetrate the fuel tanks, which could FAA’s Determination and Requirements costs for U.S. operators to comply with
create arcing inside the fuel tanks. This of the Proposed AD this proposed AD at an estimated labor
condition, if not corrected, could result We have evaluated all pertinent rate of $80 per work hour.
in a fire or explosion. information and identified an unsafe

ESTIMATED COSTS FOR AIRPLANES OF U.S. REGISTRY


Work Cost per Number of
Airplane group Parts cost Fleet cost
hours airplane airplanes

Group 1 ........................................................................................................ 278 $2,241 $24,481 19 $465,139


Group 2 ........................................................................................................ 358 2,241 30,881 104 3,211,624

Currently, there are no affected Group Part A, Subpart III, Section 44701, responsibilities among the various
3 airplanes on the U.S. Register. ‘‘General requirements.’’ Under that levels of government.
However, if a Group 3 airplane is section, Congress charges the FAA with For the reasons discussed above, I
imported and placed on the U.S. promoting safe flight of civil aircraft in certify that the proposed regulation:
Register in the future, the required air commerce by prescribing regulations 1. Is not a ‘‘significant regulatory
actions would take about 480 work for practices, methods, and procedures action’’ under Executive Order 12866;
hours, at an average labor rate of $80 per the Administrator finds necessary for 2. Is not a ‘‘significant rule’’ under the
work hour. Required parts would cost safety in air commerce. This regulation DOT Regulatory Policies and Procedures
about $2,241. Based on these figures, we is within the scope of that authority (44 FR 11034, February 26, 1979); and
estimate the cost of this AD to be because it addresses an unsafe condition 3. Will not have a significant
$40,641 per airplane. that is likely to exist or develop on economic impact, positive or negative,
products identified in this rulemaking on a substantial number of small entities
Authority for This Rulemaking under the criteria of the Regulatory
action.
Flexibility Act.
Title 49 of the United States Code Regulatory Findings We prepared a regulatory evaluation
specifies the FAA’s authority to issue of the estimated costs to comply with
rules on aviation safety. Subtitle I, We have determined that this this proposed AD and placed it in the
Section 106, describes the authority of proposed AD would not have federalism AD docket. See the ADDRESSES section
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the FAA Administrator. Subtitle VII, implications under Executive Order for a location to examine the regulatory
Aviation Programs, describes in more 13132. This proposed AD would not evaluation.
detail the scope of the Agency’s have a substantial direct effect on the
authority. States, on the relationship between the List of Subjects in 14 CFR Part 39
We are issuing this rulemaking under national Government and the States, or Air transportation, Aircraft, Aviation
the authority described in Subtitle VII, on the distribution of power and safety, Safety.

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3958 Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Proposed Rules

The Proposed Amendment § 39.13 [Amended] Affected ADs


Accordingly, under the authority 2. The Federal Aviation (b) None.
delegated to me by the Administrator, Administration (FAA) amends § 39.13 Applicability
the FAA proposes to amend 14 CFR part by adding the following new
39 as follows: (c) This AD applies to Boeing Model 777–
airworthiness directive (AD): 200, –300, and –300ER series airplanes,
PART 39—AIRWORTHINESS Boeing: Docket No. FAA–2007–27042; certificated in any category; as identified in
DIRECTIVES Directorate Identifier 2006–NM–225–AD. the service bulletins specified in Table 1 of
this AD.
1. The authority citation for part 39 Comments Due Date
continues to read as follows: (a) The FAA must receive comments on
Authority: 49 U.S.C. 106(g), 40113, 44701. this AD action by March 15, 2007.

TABLE 1.—SERVICE BULLETINS


Boeing Alert Service Bulletin— Revision level— Dated—

777–57A0050 ............................................................................................................................................ Original ............. January 26, 2006.


777–57A0051 ............................................................................................................................................ Original ............. May 15, 2006.
777–57A0057 ............................................................................................................................................ Original ............. August 7, 2006.

Note 1: Although Alert Service Bulletin Issued in Renton, Washington, on January transmission providers and their energy
777–57A0050 refers to ‘‘Model 777–200ER’’ 18, 2007. affiliates. Also, the Commission is
airplanes, this is a European designation that Ali Bahrami, proposing to: revise the definition of
does not apply to airplanes of U.S. registry. Manager, Transport Airplane Directorate, marketing, sales or brokering; make
Therefore, the applicability of this AD will Aircraft Certification Service. permanent the changes adopted in the
not specify Model 777–200ER airplanes. [FR Doc. E7–1321 Filed 1–26–07; 8:45 am] interim rule for risk management
However, U.S. operators should take any employees and discretionary waivers;
BILLING CODE 4910–13–P
reference to Model 777–200ER airplanes in
remove the regulations that permit the
Alert Service Bulletin 777–57A0050 as
transmission provider to share
applicable to Model 777–200 airplanes as
designated by the type certificate data sheet. DEPARTMENT OF ENERGY information necessary to maintain the
operations of its transmission system
Unsafe Condition Federal Energy Regulatory with its energy affiliates; add and revise
(d) This AD results from fuel system Commission various regulations to facilitate
reviews conducted by the manufacturer. We integrated resource planning and
are issuing this AD to prevent electrical 18 CFR Part 358 competitive solicitations; revise the
arcing on the fuel tank boundary structure or [Docket No. RM07–1–000]
regulations to require each transmission
inside the main and center fuel tanks, which provider to post the name of its chief
could result in a fire or explosion. Standards of Conduct for compliance officer, to delete outdated
Transmission Providers references, and to require that
Compliance
transmission provider employees certify
(e) You are responsible for having the January 18, 2007. that they have completed standards of
actions required by this AD performed within AGENCY: Federal Energy Regulatory conduct training; and, revise the
the compliance times specified, unless the Commission; DOE. definition of affiliate regarding exempt
actions have already been done. wholesale generators.
ACTION: Notice of Proposed Rulemaking.
Corrective Actions DATES: Comments must be filed on or
SUMMARY: The purpose of this Notice of
(f) Within 60 months after the effective before March 15, 2007. Reply comments
date of this AD, install Teflon sleeving under
Proposed Rulemaking is to propose must be filed on or before April 4, 2007.
the clamps of the wire bundles routed along permanent regulations regarding the
standards of conduct consistent with the ADDRESSES: You may submit comments
the fuel tank boundary structure, and cap identified by Docket No. RM07–1–000,
seal certain penetrating fasteners of the fuel decision of the United States Court of
Appeals of the District of Columbia in by one of the following methods:
tanks as applicable, in accordance with the
Accomplishment Instructions of the National Fuel Gas Supply Corporation • Agency Web Site: http://ferc.gov.
applicable service bulletins specified in v. FERC, 468 F.3d 831 (2006), regarding Follow the instructions for submitting
Table 1 of this AD. natural gas pipelines. On January 9, comments via the eFiling link found in
2007, the Commission issued an interim the Comment Procedures Section of the
Alternative Methods of Compliance preamble.
(AMOCs) rule regarding the standards of conduct
in response to the court’s decision. The • Mail: Commenters unable to file
(g)(1) The Manager, Seattle Aircraft Commission is soliciting comments comments electronically must mail or
Certification Office, FAA, has the authority to hand deliver an original and 14 copies
regarding whether or not the interim
approve AMOCs for this AD, if requested in of their comments to the Federal Energy
accordance with the procedures found in 14
rule should be made permanent for
natural gas transmission providers. The Regulatory Commission, Office of the
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CFR 39.19. Secretary, 888 First Street, NE.,


(2) Before using any AMOC approved in Commission is also soliciting comments
regarding comparable changes for Washington, DC 20426. Please refer to
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the electric utility transmission providers: the Comment Procedures Section of the
appropriate principal inspector in the FAA specifically, whether or not the preamble for additional information on
Flight Standards Certificate Holding District standards of conduct should govern the how to file paper comments.
Office. relationship between electric utility FOR FURTHER INFORMATION CONTACT:

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