[Federal Register Volume 66, Number 82 (Friday, April 27, 2001)]
[Rules and Regulations]
[Pages 21071-21072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10175]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-296-AD; Amendment 39-12199; AD 2001-08-22]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200 and -300 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 certain Boeing Model 767-200 and -300 series airplanes, 
that requires replacement of the existing potable water fill line tube 
with a new hose. This action is necessary to prevent fracture of a 
clamshell coupling on the potable water fill line, which could cause 
water to flow into the aft cargo compartment. A large amount of water 
in the cargo compartment could cause large shifts in the airplane's 
center of gravity, which could result in reduced controllability of the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Effective June 1, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 1, 2001.

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: Don Eiford, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-2788; 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 certain Boeing Model 767-200 and -
300 series airplanes was published in the Federal Register on December 
21, 2000 (65 FR 80390). That action proposed to require replacement of 
the existing potable water fill line tube with a new hose.

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

    One commenter supports the proposed rule, and two other commenters 
state no objection to the proposed rule because they do not operate 
airplanes subject to the proposed rule.

Request To Limit Applicability

    One commenter requests that the FAA revise the applicability of the 
proposed AD to state that the actions are only required for airplanes 
equipped with a potable water system. The commenter states that it 
operates several airplanes included in the applicability statement of 
the proposed rule that are not equipped with a potable water system. 
The unsafe condition addressed by the proposed AD may occur when water 
is being pumped into the airplane to fill the potable water system. 
However, if the airplane has no potable water system, there is no cause 
for water to be pumped into the airplane. Thus, airplanes without a 
potable water system would not be subject to the unsafe condition. The 
FAA concurs, and has revised the applicability statement of this AD to 
include only Boeing Model 767-200 and -300 series airplanes listed in 
Boeing Alert Service Bulletin 767-38A0057, dated July 13, 2000, that 
are equipped with a potable water system.

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 change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

[[Page 21072]]

Cost Impact

    There are approximately 159 Model 767-200 and -300 series airplanes 
of the affected design in the worldwide fleet. The FAA estimates that 
18 airplanes of U.S. registry will be affected by this AD, that it will 
take approximately 1 work hour per airplane to accomplish the required 
actions, and that the average labor rate is $60 per work hour. Required 
parts will cost approximately $482 per airplane. Based on these 
figures, the cost impact of the AD on U.S. operators is estimated to be 
$9,756, or $542 per airplane.
    The cost impact figure discussed above is 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. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

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:

2001-08-22  Boeing: Amendment 39-12199. Docket 2000-NM-296-AD.

    Applicability: Model 767-200 and -300 series airplanes, as 
listed in Boeing Alert Service Bulletin 767-38A0057, dated July 13, 
2000; equipped with a potable water system; 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 (c) 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 fracture of a clamshell coupling on the potable water 
fill line, which could cause a large amount of water to flow into 
the aft cargo compartment, and result in large shifts in the 
airplane's center of gravity and consequent reduced controllability 
of the airplane, accomplish the following:

Replacement

    (a) Within 12 months after the effective date of this AD, 
replace the existing potable water fill line tube with a new 
flexible hose, in accordance with Boeing Alert Service Bulletin 767-
38A0057, dated July 13, 2000.

Spares

    (b) As of the effective date of this AD, no person shall install 
a potable water fill line tube, part number 417T2021-179, on any 
airplane.

Alternative Methods of Compliance

    (c) 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. 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 2: 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

    (d) 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

    (e) The replacement shall be done in accordance with Boeing 
Alert Service Bulletin 767-38A0057, dated July 13, 2000. 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

    (f) This amendment becomes effective on June 1, 2001.

    Issued in Renton, Washington, on April 18, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-10175 Filed 4-26-01; 8:45 am]
BILLING CODE 4910-13-P