You are on page 1of 4

72227

Rules and Regulations Federal Register


Vol. 84, No. 250

Tuesday, December 31, 2019

This section of the FEDERAL REGISTER 30, West Building Ground Floor, Room to Special Federal Aviation Regulation
contains regulatory documents having general W12–140, 1200 New Jersey Avenue SE, No. 88 (‘‘SFAR 88’’) of 14 CFR part 21,
applicability and legal effect, most of which Washington, DC 20590. the FAA has determined that there is an
are keyed to and codified in the Code of unsafe condition due to the potential for
FOR FURTHER INFORMATION CONTACT: Jon
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510. Regimbal, Aerospace Engineer, a fuel tank ignition source to occur from
Propulsion Section, FAA, Seattle ACO the FQIS due to its design architecture,
The Code of Federal Regulations is sold by Branch, 2200 South 216th St., Des component design details, and
the Superintendent of Documents. Moines, WA 98198; phone and fax: 206– installation design details. The FAA’s
231–3557; email: Jon.Regimbal@faa.gov. determination was made in accordance
SUPPLEMENTARY INFORMATION: with the guidance contained in FAA
DEPARTMENT OF TRANSPORTATION Policy Memorandum ANM100–2003–
Background 112–15, ‘‘SFAR 88—Mandatory Action
Federal Aviation Administration
The FAA issued a notice of proposed Decision Criteria,’’ dated February 25,
14 CFR Part 39 rulemaking (NPRM) to amend 14 CFR 2003.1 Under that policy, an ignition
part 39 by adding an AD that would source that can occur in a high-
[Docket No. FAA–2016–9072; Product apply to certain Boeing Model 727 flammability fuel tank, due to a
Identifier 2015–NM–110–AD; Amendment airplanes equipped with Boeing body- combination of a preexisting failure that
39–19797; AD 2019–23–04] mounted auxiliary fuel tanks. The can exist undetected for multiple flights
RIN 2120–AA64 NPRM published in the Federal and one additional failure, is an unsafe
Register on September 23, 2016 (81 FR condition requiring corrective action.
Airworthiness Directives; The Boeing 65579). The NPRM was prompted by the High-flammability fuel tanks are defined
Company Airplanes FAA’s analysis of the Model 727 fuel in the policy as fuel tanks with a fleet
system review conducted by the average flammability greater than 7
AGENCY: Federal Aviation
manufacturer. The NPRM proposed to percent as calculated in accordance
Administration (FAA), DOT.
require modifying the FQIS to prevent with 14 CFR Appendix N of part 25. At
ACTION: Final rule. development of an ignition source the time of the unsafe condition
inside the body-mounted auxiliary fuel determination in April 2003, Boeing
SUMMARY: The FAA is adopting a new
tanks due to electrical fault conditions. acknowledged that the Model 727 body-
airworthiness directive (AD) for certain
As an alternative to the modification, mounted auxiliary fuel tanks are high-
The Boeing Company Model 727
the NPRM proposed to allow flammability fuel tanks. The Boeing
airplanes. This AD was prompted by the
deactivating the body-mounted SFAR 88 report for the Model 727
FAA’s analysis of the Model 727 fuel
auxiliary fuel tanks. showed that a combination of an in-tank
system review conducted by the
The FAA is issuing this AD to address wire fault or contamination condition
manufacturer. This AD requires
ignition sources inside the body- (which can remain latent for multiple
modifying the fuel quantity indicating
mounted auxiliary fuel tanks, which, in flights) and a hot short outside of the
system (FQIS) to prevent development
combination with flammable fuel tank between the affected FQIS tank
of an ignition source inside the body-
vapors, could result in a fuel tank circuit and other aircraft power wiring
mounted auxiliary fuel tanks due to
explosion and consequent loss of the cobundled with FQIS tank circuit
electrical fault conditions. As an
airplane. wiring could result in an ignition source
alternative to the modification, this AD
allows deactivating the body-mounted Comments in the fuel tank. That combination of
auxiliary fuel tanks. The FAA is issuing failures was classified by the FAA as a
The FAA gave the public the
this AD to address the unsafe condition ‘‘known combination of failures’’ under
opportunity to participate in developing
on these products. this final rule. The following presents the criteria in the policy memo due to
DATES: This AD is effective February 4, the comments received on the NPRM the similarity of the Model 727 FQIS
2020. and the FAA’s response. system architecture and design details
ADDRESSES:
to those of the Boeing Model 747
Request To Withdraw NPRM: No airplane involved in the TWA Flight
Examining the AD Docket Unsafe Condition 800 catastrophic fuel tank explosion
You may examine the AD docket on Boeing requested that the FAA accident in 1996. The National
the internet at https:// withdraw the NPRM. Boeing reported Transportation Safety Board (NTSB)
www.regulations.gov by searching for that its system safety assessment concluded that an FQIS failure
and locating Docket No. FAA–2016– determined that the FQIS on the Model combination as described above was the
9072; or in person at Docket Operations 727 airplane does not have an unsafe most likely cause of that accident.2 The
between 9 a.m. and 5 p.m., Monday condition. FAA has therefore determined that it is
khammond on DSKJM1Z7X2PROD with RULES

through Friday, except Federal holidays. The FAA disagrees with the request. necessary to issue this final rule.
The AD docket contains this final rule, Boeing did not provide specific details
the regulatory evaluation, any about the type of assessment that was 1 http://rgl.faa.gov/Regulatory_and_Guidance_

comments received, and other performed (total fleet risk, average risk Library/rgPolicy.nsf/0/dc94c3a4639695038
6256d5e006aed11/$FILE/Feb2503.pdf.
information. The address for Docket per flight hour, peak individual flight 2 NTSB Aviation Accident Report AAR–00–03
Operations is U.S. Department of risk, etc.). Based on Boeing’s fuel system https://www.ntsb.gov/investigations/Accident
Transportation, Docket Operations, M– safety assessment submitted in response Reports/Reports/AAR0003.pdf.

VerDate Sep<11>2014 15:44 Dec 30, 2019 Jkt 250001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\31DER1.SGM 31DER1
72228 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Rules and Regulations

Request To Withdraw NPRM: Limited accident. The FAA therefore considers it is extremely remote. Boeing
Vulnerability to Unsafe Condition necessary to address this unsafe acknowledged that when the estimated
Boeing requested that the FAA condition. The per-airplane cost for probability of that failure initiation is
withdraw the NPRM. Boeing stated that modification is expected to be multiplied by the average latency
272 airplanes were manufactured with approximately the same as the cost of period, the probability of a latent in-
body-mounted auxiliary fuel tanks, but the similar actions required for Model tank failure existing in any given flight
only six were operated under FAA 737 and 747 airplanes specified in AD hour is not extremely remote.
99–03–04, Amendment 39–11018 (64 Given this clarification, Boeing’s
jurisdiction when the comment was
FR 4959, February 2, 1999) (‘‘AD 99–03– comment was consistent with the
submitted, and that the fleet exposure
04’’); and AD 98–20–40, Amendment conclusions of its SFAR 88 reviews. The
continues to decrease due to airplane
39–10808 (63 FR 52147, September 30, FQIS does not provide a fault indication
aging and retirements. Boeing stated
1998) (‘‘AD 98–20–40’’). If an operator to the flight crew other than unusual
that its safety assessment, using
chooses to deactivate or remove the readings or a zero reading provided by
methodologies ‘‘recognized by the
auxiliary tanks as allowed by the AD, a tank gage if a hard short to ground or
FAA,’’ shows that the vulnerability of
the cost would be significantly lower. power occurs. In addition, even if such
the Model 727 FQIS latent failure plus a fault is noted by the flight crew, the
Therefore, the FAA made no changes in
single failure does not present an unsafe approved Master Minimum Equipment
this final rule as a result of this
condition. Boeing concluded that List for the Model 727 airplane allows
comment.
requiring the proposed actions will not operators to fly for up to ten days in that
promote air safety and instead will add Request To Withdraw NPRM: condition, without disconnecting the
unnecessary cost to operators. Extremely Remote Likelihood of Unsafe FQIS for the affected tank, with
The FAA disagrees with the request. Condition provisions for extending beyond the ten
The FAA has determined that an unsafe Boeing requested that the FAA days. The FAA therefore does not agree
condition exists. The FAA assumes that, withdraw the NPRM. Boeing considered that a latent failure of in-tank wiring or
in citing assessment methodologies the likelihood of an undetected latent components, such that an ignition
recognized by the FAA, Boeing is electrical fault condition of the FQIS to source could occur if an external hot
referring to having performed its be extremely remote, due to the FQIS short occurs, is extremely remote. No
assessment of the total fleet risk for the architecture. Boeing added that the changes were made to this final rule as
Model 727 fleet that showed a very low existing Model 727 FQIS design uses a a result of this comment.
likelihood of a fuel tank ignition event three-wire system that goes directly
in the remaining life of that fleet. Boeing from the fuel tank to the flight deck Request To Extend Compliance Time
mentioned the number of airplanes indication. Boeing stated that an Boeing requested that the FAA revise
operated under U.S. jurisdiction. The electrical fault of an in-tank component the proposed 12-month compliance
FAA, as the civil aviation authority of causes the FQIS to provide a fault time, which it asserts will require Model
the state of design, is obligated, under indication to the flight crew, so the 727 operators to ‘‘develop the solution
the Convention on International Civil failure is not latent. on their own (under 14 CFR part 121).’’
Aviation (the Treaty), to inform all The FAA disagrees with the request. Boeing stated that it had no plans to
affected aircraft of continuing safety The agency contacted Boeing to resolve create service action to modify the FQIS
issues regardless of where they are the apparent conflict between this or deactivate the auxiliary tank(s), as no
operated. Issuance of airworthiness comment and the company’s previously operators have contacted Boeing
directives is the accepted method by submitted SFAR 88 reports. In the SFAR requesting this support.
which the FAA notifies aviation 88 reports for Model 727 airplanes, The FAA disagrees with the request.
authorities of other countries of an Boeing stated that a latent in-tank Boeing did not propose a specific
unsafe condition as required by Annex failure condition could not be claimed compliance time, and after
8 of the Treaty. to be extremely remote, and consideration, the agency still considers
The FAA’s unsafe condition acknowledged that the system does not 12 months to be adequate to allow
determination was made using the comply with the requirements of 14 CFR operators to deactivate their auxiliary
decision criteria in FAA Policy 25.981(a)(3) related to a latent failure tanks using existing information in the
Memorandum ANM100–2003–112–15. plus a single failure. (Extremely remote airplane maintenance manual to
This determination was not driven by a qualitatively means that the condition develop alteration data and obtain FAA
fleet risk assessment. A latent in-tank would occur no more than a few times approval of an alternative method of
failure that provides a conductive path in the total fleet life. In numerical compliance (AMOC). A compliance
or reduces dielectric strength of the tank probability analysis, a condition that time of 12 months or less is required for
wiring or components, combined with has a probability on the order of 1 in 10 the deactivation of other after-market
an external wiring system failure that million flight hours or less is considered body-mounted auxiliary fuel tanks on
conducts power onto the tank wiring, extremely remote.) However, the Model 727 airplanes in other ADs: AD
could create an ignition source in the comment that Boeing submitted to the 2008–07–07, Amendment 39–15448 (73
fuel tank of the Boeing Model 727 NPRM stated that a latent in-tank failure FR 15880, March 26, 2008); AD 2008–
airplane. That combination of failures was extremely remote. 07–09, Amendment 39–15450 (73 FR
was classified as a ‘‘known combination A meeting with representatives from 16515, March 28, 2008); AD 2008–12–
of failures’’ under the criteria in the the FAA and Boeing was held February 03, Amendment 39–15546 (73 FR
policy memorandum due to the 15, 2019, to clarify Boeing’s position. (A 31749, June 4, 2008); and AD 2009–20–
khammond on DSKJM1Z7X2PROD with RULES

similarity of the Model 727 FQIS system record of that meeting has been posted 01, Amendment 39–16024 (74 FR
architecture and design details to those to the AD docket.) Boeing explained that 48007, September 21, 2009). The FAA
of the Model 747 airplane involved in it had intended to convey in its has not changed this AD regarding this
the catastrophic fuel tank explosion. comment that the estimated probability issue. Under the provisions of paragraph
The NTSB concluded that an FQIS for the initial failure that creates a latent (h) of this AD, however, the FAA will
failure combination as described above in-tank loss of dielectric strength, consider requests for approval of an
was the most likely cause of that resistive current path, or short condition extension to the compliance time if

VerDate Sep<11>2014 15:44 Dec 30, 2019 Jkt 250001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\31DER1.SGM 31DER1
Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Rules and Regulations 72229

sufficient data are submitted to airplanes on the inflation-adjusted FAA did not change this final rule as a
substantiate that the new compliance estimated costs for installation of result of this comment.
time would provide an acceptable level transient suppression devices on the
Conclusion
of safety. Model 747 airplane as required by AD
98–20–40. The FAA considers that the The FAA reviewed the relevant data
Request To Revise Cost Estimate transient suppression design solutions, as previously discussed, considered the
Boeing requested that if the NPRM is if not the actual parts, developed for comments received, and determined
not withdrawn, the FAA revise the cost Model 737 and 747 airplanes in that air safety and the public interest
estimate to reflect the cost of developing response to AD 99–03–04 and AD 98– require adopting this final rule as
an FQIS design solution for the body- 20–40 will be applicable to the Model proposed, except for minor editorial
mounted auxiliary tanks. Boeing 727 airplane due to the similarity of changes. The FAA has determined that
expected that only six airplanes would those models’ FQIS designs. The FAA these minor changes:
actually be modified, so the cost of agrees that the nonrecurring design • Are consistent with the intent that
developing a design solution would be development costs associated with any was proposed in the NPRM for
spread over a small number of airplanes, necessary model-specific design activity addressing the unsafe condition; and
resulting in a significant per-airplane will be spread over fewer airplanes, • Do not add any additional burden
cost. Boeing did not provide any resulting in higher per-airplane costs if upon the public than was already
specific cost information or describe the the operator decides not to deactivate proposed in the NPRM.
modifications for which they provided the subject tanks. However, the FAA
cost comments. increased the cost estimate in the NPRM Costs of Compliance
The FAA disagrees with the request to to reflect that increased cost to the The FAA estimates that this AD
revise the cost estimate based on this existing fleet. Boeing did not propose affects 6 airplanes of U.S. registry. The
comment. The agency based its cost any specific alternative cost figures to be FAA estimates the following costs to
estimate for Model 727 passenger substituted for the FAA estimate. The comply with this AD:

ESTIMATED COSTS: REQUIRED ACTIONS


Cost per Cost on U.S.
Action Labor cost Parts cost product operators

Modification ............................ 300 work-hours × $85 per hour = $25,500 ............................ $100,000 $125,500 $753,000

ESTIMATED COSTS: ALTERNATIVE ACTIONS


Cost per
Action Labor cost Parts cost product

Tank deactivation ............................. 10 work-hours × $85 per hour = $850 ...................................................... $0 $850

Authority for This Rulemaking In accordance with that order, issuance on a substantial number of small entities
of ADs is normally a function of the under the criteria of the Regulatory
Title 49 of the United States Code
Compliance and Airworthiness Flexibility Act.
specifies the FAA’s authority to issue
Division, but during this transition
rules on aviation safety. Subtitle I, List of Subjects in 14 CFR Part 39
period, the Executive Director has
section 106, describes the authority of
delegated the authority to issue ADs Air transportation, Aircraft, Aviation
the FAA Administrator. Subtitle VII:
applicable to transport category safety, Incorporation by reference,
Aviation Programs, describes in more
airplanes and associated appliances to Safety.
detail the scope of the Agency’s
the Director of the System Oversight
authority. Adoption of the Amendment
Division.
The FAA is issuing this rulemaking
under the authority described in Regulatory Findings Accordingly, under the authority
Subtitle VII, Part A, Subpart III, Section delegated to me by the Administrator,
This AD will not have federalism the FAA amends 14 CFR part 39 as
44701: ‘‘General requirements.’’ Under implications under Executive Order
that section, Congress charges the FAA follows:
13132. This AD will not have a
with promoting safe flight of civil substantial direct effect on the States, on PART 39—AIRWORTHINESS
aircraft in air commerce by prescribing the relationship between the national DIRECTIVES
regulations for practices, methods, and government and the States, or on the
procedures the Administrator finds distribution of power and ■ 1. The authority citation for part 39
necessary for safety in air commerce. responsibilities among the various continues to read as follows:
This regulation is within the scope of levels of government.
that authority because it addresses an Authority: 49 U.S.C. 106(g), 40113, 44701.
For the reasons discussed above, I
khammond on DSKJM1Z7X2PROD with RULES

unsafe condition that is likely to exist or certify that this AD: § 39.13 [Amended]
develop on products identified in this (1) Is not a ‘‘significant regulatory
rulemaking action. action’’ under Executive Order 12866, ■ 2. The FAA amends § 39.13 by adding
This AD is issued in accordance with (2) Will not affect intrastate aviation the following new airworthiness
authority delegated by the Executive in Alaska, and directive (AD):
Director, Aircraft Certification Service, (3) Will not have a significant 2019–23–04 The Boeing Company:
as authorized by FAA Order 8000.51C. economic impact, positive or negative, Amendment 39–19797; Docket No.

VerDate Sep<11>2014 15:44 Dec 30, 2019 Jkt 250001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\31DER1.SGM 31DER1
72230 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Rules and Regulations

FAA–2016–9072; Product Identifier method, modification deviation, or alteration issues for dual-column labeling,
2015–NM–110–AD. deviation must meet the certification basis of products that have limited space for
the airplane and the approval must nutrition labeling, and additional issues
(a) Effective Date specifically refer to this AD.
This AD is effective February 4, 2020. dealing with compliance.
(i) Related Information DATES: December 31, 2019.
(b) Affected ADs
For more information about this AD, ADDRESSES: You may submit either
None. contact Jon Regimbal, Aerospace Engineer, electronic or written comments on FDA
Propulsion Section, FAA, Seattle ACO
(c) Applicability guidances at any time as follows:
Branch, 2200 South 216th St., Des Moines,
This AD applies to The Boeing Company WA 98198; phone and fax: 206–231–3557; Electronic Submissions
Model 727, 727–100, 727C, 727–100C, 727– email: Jon.Regimbal@faa.gov.
200, and 727–200F series airplanes; Submit electronic comments in the
certificated in any category; equipped with (j) Material Incorporated by Reference following way:
Boeing body-mounted auxiliary fuel tanks. None. • Federal eRulemaking Portal:
(d) Subject Issued in Des Moines, Washington, on https://www.regulations.gov. Follow the
Air Transport Association (ATA) of November 27, 2019. instructions for submitting comments.
America Code 28, Fuel. Michael Kaszycki, Comments submitted electronically,
Acting Director, System Oversight Division, including attachments, to https://
(e) Unsafe Condition www.regulations.gov will be posted to
Aircraft Certification Service.
This AD was prompted by the FAA’s the docket unchanged. Because your
analysis of the Model 727 fuel system review [FR Doc. 2019–27885 Filed 12–30–19; 8:45 am]
comment will be made public, you are
conducted by the manufacturer. The FAA is BILLING CODE 4910–13–P
solely responsible for ensuring that your
issuing this AD to address ignition sources
inside the body-mounted auxiliary fuel tanks, comment does not include any
which, in combination with flammable fuel confidential information that you or a
DEPARTMENT OF HEALTH AND third party may not wish to be posted,
vapors, could result in a fuel tank explosion HUMAN SERVICES
and consequent loss of the airplane. such as medical information, your or
Food and Drug Administration anyone else’s Social Security number, or
(f) Compliance
confidential business information, such
Comply with this AD within the as a manufacturing process. Please note
compliance times specified, unless already 21 CFR Part 101
done.
that if you include your name, contact
[Docket No. FDA–2018–D–1459] information, or other information that
(g) Modification identifies you in the body of your
Within 12 months after the effective date Food Labeling: Serving Sizes of Foods comments, that information will be
of this AD, do the actions specified in either That Can Reasonably Be Consumed at posted on https://www.regulations.gov.
paragraph (g)(1) or (2) of this AD, using a One Eating Occasion, Reference • If you want to submit a comment
method approved in accordance with the Amounts Customarily Consumed, with confidential information that you
procedures specified in paragraph (h) of this Serving Size-Related Issues, Dual- do not wish to be made available to the
AD. Column Labeling, and Miscellaneous
(1) Modify the fuel quantity indicating public, submit the comment as a
Topics; Guidance for Industry; written/paper submission and in the
system (FQIS) to prevent development of an Availability
ignition source inside the body-mounted manner detailed (see ‘‘Written/Paper
auxiliary fuel tanks due to electrical fault AGENCY: Food and Drug Administration, Submissions’’ and ‘‘Instructions’’).
conditions. HHS.
(2) Deactivate the body-mounted auxiliary Written/Paper Submissions
ACTION: Notification of availability.
fuel tanks. Submit written/paper submissions as
(h) Alternative Methods of Compliance SUMMARY: The Food and Drug follows:
(AMOCs) Administration (FDA or we) is • Mail/Hand Delivery/Courier (for
(1) The Manager, Seattle ACO Branch, announcing the availability of a final written/paper submissions): Dockets
FAA, has the authority to approve AMOCs guidance for industry entitled ‘‘Food Management Staff (HFA–305), Food and
for this AD, if requested using the procedures Labeling: Serving Sizes of Foods That Drug Administration, 5630 Fishers
found in 14 CFR 39.19. In accordance with Can Reasonably Be Consumed At One Lane, Rm. 1061, Rockville, MD 20852.
14 CFR 39.19, send your request to your Eating Occasion, Reference Amounts • For written/paper comments
principal inspector or local Flight Standards Customarily Consumed, Serving Size- submitted to the Dockets Management
District Office, as appropriate. If sending Related Issues, Dual-Column Labeling, Staff, FDA will post your comment, as
information directly to the manager of the and Miscellaneous Topics.’’ The final well as any attachments, except for
certification office, send it to the attention of
guidance provides questions and information submitted, marked and
the person identified in paragraph (i) of this
AD. Information may be emailed to: 9-ANM- answers on topics related primarily to identified, as confidential, if submitted
Seattle-ACO-AMOC-Requests@faa.gov. implementing two final rules, one as detailed in ‘‘Instructions.’’
(2) Before using any approved AMOC, entitled ‘‘Food Labeling: Serving Sizes Instructions: All submissions received
notify your appropriate principal inspector, of Foods That Can Reasonably Be must include the Docket No. FDA–
or lacking a principal inspector, the manager Consumed At One Eating Occasion; 2018–D–1459 for ‘‘Food Labeling:
of the local flight standards district office/ Dual-Column Labeling; Updating, Serving Sizes of Foods That Can
certificate holding district office. Modifying, and Establishing Certain Reasonably Be Consumed at One Eating
khammond on DSKJM1Z7X2PROD with RULES

(3) An AMOC that provides an acceptable Reference Amounts Customarily Occasion, Reference Amounts
level of safety may be used for any repair,
Consumed; Serving Size for Breath Customarily Consumed, Serving Size-
modification, or alteration required by this
AD if it is approved by The Boeing Company Mints; and Technical Amendments,’’ Related Issues, Dual-Column Labeling,
Organization Designation Authorization and the other entitled ‘‘Food Labeling: and Miscellaneous Topics; Draft
(ODA) that has been authorized by the Revision of the Nutrition and Guidance for Industry.’’ Received
Manager, Seattle ACO Branch, FAA, to make Supplement Facts Labels.’’ The final comments will be placed in the docket
those findings. To be approved, the repair guidance also discusses formatting and, except for those submitted as

VerDate Sep<11>2014 15:44 Dec 30, 2019 Jkt 250001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\31DER1.SGM 31DER1

You might also like