[Federal Register Volume 65, Number 106 (Thursday, June 1, 2000)]
[Rules and Regulations]
[Pages 34928-34932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13449]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-316-AD; Amendment 39-11754; AD 2000-11-06]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all Boeing Model 767 series airplanes. This AD requires 
repetitive inspections to detect discrepancies of the wiring and 
surrounding Teflon sleeves of the fuel tank boost pumps and override/
jettison pumps; replacement of the sleeves with new sleeves, for 
certain airplanes; and repair or replacement of the wiring and sleeves 
with new parts, as necessary.

[[Page 34929]]

This amendment is prompted by reports of chafing of Teflon sleeves that 
surround and protect electrical wires inside conduits installed in the 
fuel tanks. The actions specified by this AD are intended to ensure 
adequate protection to the fuel pump wire insulation. Such chafing of 
the wire insulation could eventually result in exposure of electrical 
conductor, permit arcing from the wire to the conduit, and create a 
potential for a fuel tank fire or explosion.

DATES: Effective July 6, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 6, 2000.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Holly Thorson, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Transport Airplane Directorate, 
Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 227-1357; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to all Boeing Model 767 series 
airplanes was published in the Federal Register on November 15, 1999 
(64 FR 61798). That action proposed to require repetitive inspections 
to detect discrepancies of the wiring and surrounding Teflon sleeves of 
the fuel tank boost pumps and override/jettison pumps; replacement of 
the sleeves with new sleeves, for certain airplanes; and repair or 
replacement of the wiring and sleeves with new parts, as necessary.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the Proposal

    Two commenters support the proposed rule.

Credit for Inspections Accomplished Previously

    One commenter requests that the FAA revise the proposed rule to 
clarify that airplanes inspected prior to the effective date of this AD 
in accordance with Boeing Service Bulletin 767-28A0053, Revision 1, 
dated April 1, 1999, do not have to be inspected again until 60,000 
flight hours or 30,000 flight cycles after the last inspection, 
whichever occurs first. The commenter states that there is no mechanism 
in the notice of proposed rulemaking (NPRM) to provide credit for 
inspections accomplished previously.
    The FAA concurs with the intent of the commenter's request. 
Airplanes that have been inspected prior to the effective date of this 
AD in accordance with the referenced service bulletin should be 
inspected next according to the repetitive interval (60,000 flight 
hours or 30,000 flight cycles after the most recent inspection, 
whichever occurs first) specified in this AD. However, credit for 
applicable actions accomplished prior to the effective date of an AD is 
always provided by means of the statement in the body of the AD, 
``Compliance: Required as indicated, unless accomplished previously.'' 
Therefore, no change to the final rule is necessary in this regard.

Revise Reporting Requirement

    One commenter requests that the FAA revise paragraph (e) of the 
proposed rule to eliminate the requirement to include, in any report of 
positive inspection findings, ``a statement indicating whether any wire 
has ever been removed and inspected during maintenance, along with the 
date (if known) of any such inspection.'' The commenter states that it 
would be ``virtually impossible'' to meet this requirement, and only a 
review of maintenance records would show if a wire was inspected. 
Further, the commenter states that, because operators are only required 
to retain maintenance records for one year, a review of maintenance 
records would only show whether such an inspection was completed within 
the past year.
    The FAA concurs with the commenter's request to revise the 
reporting requirement of this AD. As the commenter states, a review of 
maintenance records would be the most effective method for determining 
if wiring of the fuel tank boost pumps had previously been removed and 
inspected. The FAA also acknowledges that an operator may not have 
maintenance records extending back for more than one year for its 
airplanes. Therefore, the subject statement in paragraph (e) of this AD 
has been revised to specify that the report of positive inspection 
findings should include, ``a statement indicating, if known, whether 
any wire has ever been removed and inspected during maintenance, along 
with the date (if known) of any such inspection.'' However, the FAA 
expects that any available maintenance records will be thoroughly 
reviewed to determine if boost pump wiring has been removed and 
inspected previously.

Correct Typographical Error

    One commenter requests that the proposed rule be revised to correct 
a typographical error. The commenter points out that ``NOTE 1'' of the 
NPRM refers to paragraph (e), but should refer to paragraph (f). The 
FAA concurs with the commenter's request, and ``NOTE 1'' of this final 
rule has been revised accordingly.

Consider Actions Accomplished in Accordance With AD 98-10-10

    One commenter requests that the proposed rule be revised to exclude 
Model 767 series airplanes on which wiring and Teflon sleeving were 
replaced in accordance with the requirements of AD 98-10-10, amendment 
39-10522 (63 FR 26063, July 13, 1998), provided that lacing ties were 
not installed on the outside of the sleeving (except at sleeve ends). 
The commenter points out that AD 98-10-10 requires a one-time visual 
inspection to confirm installation of Teflon sleeves over the 
electrical wires to the fuel tank boost pumps installed inside conduits 
in the main and center wing tanks of certain Boeing Model 767 series 
airplanes. The commenter states that it accomplished the inspection 
required by that AD on its entire fleet of Model 767 series airplanes 
and installed new wiring and Teflon sleeving through the conduits to 
the boost pumps in all locations. The commenter notes that it detected 
no damage during examination of the removed wiring.
    The FAA partially concurs with the commenter's request. The FAA 
concurs with the commenter's summary of the requirements of AD 98-10-10 
with respect to Model 767 series airplanes. However, this AD requires 
actions that differ from those required by AD 98-10-10. While AD 98-10-
10 confirms the installation of the Teflon sleeves and requires 
additional inspections to detect chafing of wiring on airplanes on 
which Teflon sleeves are found to be missing, this AD requires 
inspection of the Teflon sleeves over the fuel pump wires to detect and 
correct damage or installation discrepancies. Therefore, the FAA finds 
that it would be

[[Page 34930]]

inappropriate to reference AD 98-10-10 in establishing compliance with 
this AD. However, as provided in paragraph (f) of this AD, the 
commenter may request approval of actions accomplished in accordance 
with the requirements of AD 98-10-10 as an alternative method of 
compliance for the actions required by this AD. No change to the final 
rule is necessary in this regard.

Extend Inspection Compliance Time for Certain Airplanes

    One commenter requests that the FAA revise the proposed rule to 
extend the initial compliance threshold for the inspection of Model 767 
series airplanes having line numbers 721 and subsequent. The commenter 
states that the intent of Boeing Service Bulletin 767-28A0053, Revision 
1 (which was referenced in the proposed rule as the appropriate source 
of service information for the proposed actions), has been incorporated 
during production on airplanes having line numbers 721 and subsequent, 
and any discrepancies (e.g., splices, cuts, splits, holes, worn areas, 
and lacing ties installed on the outside) of the Teflon sleeves 
surrounding the wiring of the fuel boost pumps and override/jettison 
pumps have been corrected.
    The FAA concurs with the intent of the commenter's request. 
However, the manufacturer has been unable to verify that all of the 
actions recommended in Boeing Service Bulletin 767-28A0053, Revision 1, 
were accomplished during production on Model 767 series airplanes 
having line numbers 721 and higher. The FAA finds that it would be 
inappropriate to delay the issuance of this AD for identification of 
the line numbers on which the intent of the service bulletin was 
accomplished during production. However, as provided in paragraph (f) 
of this AD, once the correct line numbers have been identified, the 
commenter may request approval of actions accomplished during 
production as an alternative method of compliance for the actions 
required by this AD. No change to the final rule is necessary in this 
regard.

Revise Discussion Section Language

    One commenter, the manufacturer, requests that the proposed rule be 
revised to remove the word ``significant'' from the following sentence 
in the ``Discussion'' section of the NPRM: ``The inspections revealed 
significant chafing through the Teflon sleeves that enclose wire 
bundles inside the conduits located in the fuel tanks.'' The commenter 
states that it has reviewed inspection results received from operators 
of Boeing Model 767 series airplanes, and the results show that no 
chafing through both layers of the Teflon sleeves or of the wiring 
inside the Teflon sleeves has been found.
    The FAA does not concur with the commenter's request to not refer 
to the degree of chafing as ``significant.'' As stated previously, the 
FAA has issued AD 98-10-10, which requires a one-time visual inspection 
to confirm installation of Teflon sleeves over the electrical wires to 
the boost pumps installed inside conduits in the main and center wing 
tanks of certain Boeing Model 767 series airplanes. A review of the 
data from inspections accomplished in accordance with that AD revealed 
three instances of chafing through both layers of Teflon sleeves. 
Therefore, the FAA does consider chafing through the Teflon sleeves to 
be significant. However, the section of the proposal to which the 
commenter refers is not restated in this final rule; thus, no change to 
the final rule is necessary in this regard.

Credit for Inspections Accomplished Using Validation Service 
Bulletin

    One commenter requests that the FAA revise paragraph (a) of the 
proposed rule to specify a compliance time of 36 months after the 
effective date of this AD for airplanes inspected previously in 
accordance with Boeing Service Bulletin 767-28A0053 ``Preliminary.'' 
The commenter states that the FAA should not require airplanes on which 
the proposed actions were accomplished in accordance with the 
preliminary service bulletin to be inspected again within 18 months 
after the effective date of this AD. The commenter asserts that Teflon 
sleeves inspected previously will not be worn within 18 months.
    The FAA concludes that the ``preliminary'' service bulletin to 
which the commenter refers is the validation copy of Boeing Alert 
Service Bulletin 767-28A0053, dated May 21, 1998. The FAA does not 
concur with the commenter's request to provide credit for inspections 
accomplished in accordance with the validation copy of the service 
bulletin. The FAA finds that the validation copy did not provide 
instructions for inspecting or replacing the Teflon sleeves. Also, 
because the validation copy of the service bulletin was effective for 
only a small number of airplanes, the FAA finds that it would be 
inappropriate to complicate this AD by including specific instructions 
for airplanes inspected in accordance with that issue of the service 
bulletin. However, as provided in paragraph (f) of this AD, the 
commenter may request approval of inspections accomplished in 
accordance with the validation copy of the service bulletin as an 
alternative method of compliance with this AD. No change to the final 
rule is necessary in this regard.

Exempt Airplanes With Deactivated Center Fuel Tank

    One commenter requests that the FAA revise the proposed rule to 
state that airplanes on which the center fuel tank is deactivated are 
not subject to the inspections specified in the proposed AD. The 
commenter states that it operates several Boeing Model 767 series 
airplanes on which the center fuel tank has been deactivated in 
accordance with certain Boeing service bulletins. The commenter states 
that the airplanes are configured with the override/jettison pumps' 
motor winding circuits opened at the P36 and P37 panels, and, with no 
power available to these wires, the possibility of arcing is 
eliminated. The commenter also requests that, if the FAA does not 
revise the proposed rule to exempt airplanes with the center fuel tank 
deactivated, paragraph (d) of the proposed rule be revised to state 
that, if the center fuel tank is deactivated, the test of the override 
fuel pumps must be accomplished prior to reactivation of the center 
fuel tank (rather than prior to further flight).
    The FAA does not concur with the commenter's request to revise this 
AD to accommodate airplanes on which the center fuel tank is 
deactivated. The FAA acknowledges that it may not be necessary for 
operators to perform initial or repetitive inspections of the override/
jettison fuel pump wiring on airplanes with deactivated center fuel 
tanks. However, as stated in NOTE 1 of the proposed rule (as well as 
the final rule), for airplanes that have been modified, altered, or 
repaired so that the performance of the requirements of the proposed 
rule is affected, the operator must request approval for an alternative 
method of compliance in accordance with paragraph (f) of this AD. No 
change to the final rule is necessary in this regard.

Explanation of Change in Service Bulletin Reference

    In the NPRM, the FAA referred to Boeing Service Bulletin 767-
28A0053, Revision 1, as an ``alert'' service bulletin. However, while 
the original issue of the service bulletin was considered an ``alert'' 
service bulletin, Revision 1 is not. Therefore, this final rule has 
been revised to remove the word ``alert'' from the service bulletin 
references throughout the AD.

[[Page 34931]]

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 716 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 253 airplanes of U.S. registry 
will be affected by this AD. It will take approximately 5 work hours 
per airplane (for airplanes with jettison pumps) or 3 work hours per 
airplane (for airplanes without jettison pumps) to accomplish the 
required inspection/replacement, at an average labor rate of $60 per 
work hour. Parts, if required, will cost $336 for the sleeve 
replacement required by this AD. Based on these figures, the cost 
impact of this AD on U.S. operators is estimated to be $636 or $516 per 
airplane, if required to accomplish the replacement action; and $300 or 
$180 per airplane, per inspection cycle.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.

Regulatory Impact

    The regulations adopted herein 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 
responsibilities among the various levels of government. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2000-11-06  Boeing: Amendment 39-11754. Docket 98-NM-316-AD.

    Applicability: All Model 767 series airplanes, certificated in 
any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (f) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent exposure of electrical conductor, which could permit 
arcing from the wire to the conduit and create a potential for a 
fuel tank fire or explosion, accomplish the following:

Inspections

    (a) Perform a detailed visual inspection to detect 
discrepancies--including the presence of splices, cuts, splits, 
holes, worn areas, and lacing ties installed on the outside of the 
sleeves (except at the sleeve ends)--of the Teflon sleeves 
surrounding the wiring of the fuel tank boost pumps and override/
jettison pumps, at the earlier of the times specified in paragraphs 
(a)(1) and (a)(2) of this AD, in accordance with Boeing Service 
Bulletin 767-28A0053, Revision 1, dated April 1, 1999. Repeat the 
inspection thereafter at intervals not to exceed 60,000 flight hours 
or 30,000 flight cycles, whichever occurs first.
    (1) Prior to the accumulation of 50,000 total flight hours, or 
within 90 days after the effective date of this AD, whichever occurs 
later.
    (2) Within 18 months after the effective date of this AD.

    Note 2: For the purposes of this AD, a detailed visual 
inspection is defined as: ``An intensive visual examination of a 
specific structural area, system, installation, or assembly to 
detect damage, failure, or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at 
intensity deemed appropriate by the inspector. Inspection aids such 
as mirror, magnifying lenses, etc. may be used. Surface cleaning and 
elaborate access procedures may be required.''

Corrective Actions

    (b) If any discrepancy is detected during any inspection 
required by paragraph (a) of this AD: Prior to further flight, 
remove the Teflon sleeves and perform a detailed visual inspection 
to detect damage of the wiring, in accordance with paragraph D. of 
the Accomplishment Instructions of Boeing Service Bulletin 767-
28A0053, Revision 1, dated April 1, 1999.
    (1) If no damage to the wiring is detected, prior to further 
flight, install new Teflon sleeves in accordance with the service 
bulletin.
    (2) If any damage to the wiring is detected, prior to further 
flight, accomplish the requirements of paragraph (c) of this AD.
    (c) If any damage to the wiring is detected during any 
inspection required by paragraph (b) of this AD: Prior to further 
flight, perform a detailed visual inspection to determine if the 
wiring damage was caused by arcing, in accordance with paragraph D. 
of the Accomplishment Instructions of Boeing Service Bulletin 767-
28A0053, Revision 1, dated April 1, 1999.
    (1) If the wire damage was not caused by arcing: Prior to 
further flight, repair any damaged wires or replace the wires with 
new or serviceable wires, as applicable, and install new Teflon 
sleeves; in accordance with the service bulletin.
    (2) If any damage caused by arcing is found: Prior to further 
flight, perform an inspection for signs of fuel inside the conduit 
or on the wires, in accordance with the service bulletin.
    (i) If no sign of fuel is found, accomplish the actions 
specified by paragraphs (c)(2)(i)(A), (c)(2)(i)(B), (c)(2)(i)(C), 
and (c)(2)(i)(D) of this AD.
    (A) Prior to further flight, repair the wires or replace the 
wires with new or serviceable wires, as applicable, in accordance 
with the service bulletin.
    (B) Prior to further flight, install new Teflon sleeves, in 
accordance with the service bulletin.
    (C) Repeat the inspection for signs of fuel inside the conduit 
thereafter at intervals not to exceed 500 flight hours, until the 
requirements of paragraph (c)(2)(i)(D) of this AD have been 
accomplished. If any fuel is found inside the conduit during any 
inspection required by this paragraph, prior to further flight, 
replace the conduit with a new or serviceable conduit in accordance 
with the service bulletin. Thereafter, repeat the inspection 
specified in paragraph (a) of

[[Page 34932]]

this AD at intervals not to exceed 60,000 flight hours or 30,000 
flight cycles, whichever occurs first.
    (D) Within 6,000 flight hours or 18 months after the initial 
fuel inspection specified by paragraph (c)(2) of this AD, whichever 
occurs first, replace the conduit with a new or serviceable conduit, 
in accordance with the service bulletin. Such conduit replacement 
constitutes terminating action for the repetitive fuel inspections 
required by paragraph (c)(2)(i)(C) of this AD.
    (ii) If any fuel is found in the conduit or on any wire: Prior 
to further flight, replace the conduit with a new or serviceable 
conduit, replace damaged wires with new or serviceable wires, and 
install new Teflon sleeves; in accordance with the service bulletin. 
Thereafter, repeat the inspection specified in paragraph (a) of this 
AD at intervals not to exceed 60,000 flight hours or 30,000 flight 
cycles, whichever occurs first.

Pump Retest

    (d) For any wire bundle removed and reinstalled during any 
inspection required by this AD: Prior to further flight after such 
reinstallation, retest the fuel pump in accordance with paragraph 
G., H., I., or J., as applicable, of the Accomplishment 
Instructions, of Boeing Service Bulletin 767-28A0053, Revision 1, 
dated April 1, 1999.

Reporting Requirement

    (e) Submit a report of positive inspection findings (findings of 
discrepancies only), along with any damaged wiring and sleeves, to 
the Seattle Manufacturing Inspection District Office (MIDO), 2500 
East Valley Road, Suite C-2, Renton, Washington 98055-4056; fax 
(425) 227-1159; at the applicable time specified in paragraph (e)(1) 
or (e)(2) of this AD. The report must include the airplane serial 
number; the number of total flight hours and flight cycles on the 
airplane; the location of the electrical cable on the airplane; and 
a statement indicating, if known, whether any wire has ever been 
removed and inspected during maintenance, along with the date (if 
known) of any such inspection. Information collection requirements 
contained in this regulation have been approved by the Office of 
Management and Budget (OMB) under the provisions of the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have been 
assigned OMB Control Number 2120-0056.
    (1) For airplanes on which the initial inspection required by 
paragraph (a) of this AD is accomplished after the effective date of 
this AD: Submit the report within 10 days after performing the 
initial inspection.
    (2) For airplanes on which the initial inspection required by 
paragraph (a) of this AD has been accomplished prior to the 
effective date of this AD: Submit the report for the initial 
inspection within 10 days after the effective date of this AD.

Alternative Methods of Compliance

    (f) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Seattle ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (g) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (h) The actions shall be done in accordance with Boeing Service 
Bulletin 767-28A0053, Revision 1, dated April 1, 1999. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Boeing Commercial Airplane Group, 
P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

Effective Date

    (i) This amendment becomes effective on July 6, 2000.

    Issued in Renton, Washington, on May 23, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-13449 Filed 5-31-00; 8:45 am]
BILLING CODE 4910-13-U