[Federal Register Volume 74, Number 165 (Thursday, August 27, 2009)]
[Rules and Regulations]
[Pages 43621-43624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20274]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-28035; Directorate Identifier 2006-NM-293-AD;
Amendment 39-15998; AD 2009-18-02]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Boeing Model 767 airplanes. This AD requires sealing certain
fasteners and stiffeners in the fuel tank, changing certain wire bundle
clamp configurations on the fuel tank walls, inspecting certain
fasteners in the fuel tanks and to determine the method of attachment
of the vortex generators, and corrective action if necessary. This AD
results from fuel system reviews conducted by the manufacturer. We are
issuing this AD to prevent possible ignition sources in the auxiliary
fuel tank, main fuel tanks, and surge tanks caused by a wiring short or
lightning strike, which could result in fuel tank
[[Page 43622]]
explosions and consequent loss of the airplane.
DATES: This AD becomes effective October 1, 2009.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of October 1,
2009.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; e-mail [email protected];
Internet https://www.myboeingfleet.com.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; 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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone 800-647-5527) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Douglas Bryant, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6505; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a supplemental notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an AD that would apply to certain
Boeing Model 767 airplanes. That supplemental NPRM was published in the
Federal Register on October 16, 2008 (73 FR 61378). That supplemental
NPRM proposed to require sealing certain fasteners and stiffeners in
the fuel tank, changing certain wire bundle clamp configurations on the
fuel tank walls, inspecting additional fasteners in the fuel tanks and
to determine the method of attachment of the vortex generators, and
corrective action if necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received on the
supplemental NPRM.
Support for the NPRM
Boeing concurs with the contents of the NPRM.
Request for Final Rule To Include Reference to Supplemental Type
Certificate (STC) ST01920SE
Delta requests that the final rule include a reference to STC
ST01920SE, dated October 15, 2008, which installs winglets on certain
Boeing 767 airplanes that have similar fastener sealing requirements in
coincidental locations defined in the proposed AD. Delta states that
including the specific common areas of the referenced STC in the final
rule would simplify compliance if the STC has already been
incorporated, and also preclude de-modification if the STC is
incorporated after the AD.
We partially agree with the commenter's statement. The requirements
for fasteners that penetrate the fuel tank are the same in both the STC
and AD. We disagree with referencing the STC in the AD because there is
insufficient information contained in the request to identify the
specific areas that are common between the STC and AD. However, the
commenter may formally request an approval for an alternative method of
compliance, as provided by paragraph (h) of this AD, if the request
includes more specific information to enable us to determine whether
the proposed method would provide an adequate level of safety.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD as proposed in the supplemental NPRM.
Costs of Compliance
There are about 925 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD. There are no U.S.-registered
airplanes in Group 3 of Boeing Service Bulletin 767-57A0102. The
average labor rate is $80 per work hour.
Estimated Costs
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Number of
Cost per U.S.-
Boeing Service Bulletin Group Work hours Parts airplane registered Fleet cost
airplanes
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767-57A0100.................. 1 6 minimal...... $480 341 $163,680
2 114 minimal...... 9,120 21 191,520
3 1 none......... 80 17 1,360
767-57A0102.................. 1 246 1,632........ 21,312 341 7,267,392
2 874 1,304........ 71,224 21 1,495,704
3 24 338.......... 2,258 0 0
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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 have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will 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
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responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2009-18-02 Boeing: Amendment 39-15998. Docket No. FAA-2007-28035;
Directorate Identifier 2006-NM-293-AD.
Effective Date
(a) This AD becomes effective October 1, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model 767-200, -300, -300F, and -400ER
series airplanes; certificated in any category; as identified in
Boeing Service Bulletin 767-57A0100, Revision 1, dated June 19,
2008; and Boeing Service Bulletin 767-57A0102, Revision 1, dated
November 27, 2007.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent possible ignition
sources in the auxiliary fuel tank, main fuel tanks, and surge tanks
caused by a wiring short or lightning strike, which could result in
fuel tank explosions and consequent loss of the airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Fastener Sealant Application
(f) For airplanes identified in Boeing Service Bulletin 767-
57A0100, Revision 1, dated June 19, 2008: Within 60 months after the
effective date of this AD, do the actions in paragraphs (f)(1) and
(f)(2) of this AD in accordance with the Accomplishment Instructions
of Boeing Service Bulletin 767-57A0100, Revision 1, dated June 19,
2008, as applicable.
(1) For Groups 1 and 2 airplanes: Seal the ends of the fasteners
on the brackets that hold the vortex generators, and seal the ends
of the fasteners on certain stiffeners on the rear spar, as
applicable.
(2) For Group 3 airplanes: Do a detailed inspection to determine
the method of attachment of the vortex generators and, before
further flight, do all applicable specified corrective actions.
Wire Bundle Sleeve and Clamp Installation and Fastener Sealant
Application
(g) For airplanes identified in Boeing Service Bulletin 767-
57A0102, Revision 1, dated November 27, 2007: Within 60 months after
the effective date of this AD, do the actions specified in
paragraphs (g)(1), (g)(2), and (g)(3) of this AD, as applicable, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 767-57A0102, Revision 1, dated November 27, 2007.
(1) Change the wire bundle clamp configurations at specified
locations on the fuel tank walls.
(2) Seal the fasteners and certain stiffeners at specified
locations in the fuel tank.
(3) Do a detailed inspection of the sealant of the fasteners in
the auxiliary tank center bay and rib 28 of the left and right main
fuel tanks. Seal any unsealed fasteners before further flight.
Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19. Send
information to ATTN: Douglas Bryant, Aerospace Engineer, Propulsion
Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601
Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6505; fax (425) 917-6590.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Material Incorporated by Reference
(i) You must use the service information contained in Table 1 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise.
Table 1--Material Incorporated By Reference
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Document Revision Date
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Boeing Service Bulletin 767- 01 November 27, 2007.
57A0102.
Boeing Service Bulletin 767- 01 June 19, 2008.
57A0100.
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(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax 206-766-5680; e-mail
[email protected]; Internet https://www.myboeingfleet.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221 or 425-227-1152.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
[[Page 43624]]
Issued in Renton, Washington, on August 7, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-20274 Filed 8-26-09; 8:45 am]
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