[Federal Register Volume 66, Number 147 (Tuesday, July 31, 2001)]
[Rules and Regulations]
[Pages 39417-39424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18471]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-226-AD; Amendment 39-12342; AD 2001-15-08]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200, -300, and -300F 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to all Boeing Model 767 series airplanes, that 
currently requires revising the Airplane Flight Manual (AFM) to include 
procedures that will ensure that the center tank fuel pumps are not 
operated with less than 1,000 pounds of fuel in the center tank. This 
amendment requires a further revision of the AFM to specify conditions 
for minimum fuel weight requirements and procedures for ground transfer 
of fuel for certain airplanes, repetitive inspections to detect 
discrepancies of the center tank override or override/jettison fuel 
pump, as applicable, and replacement of any discrepant pump with a new 
or serviceable pump. This amendment also requires that any override or 
override/jettison fuel pump without a diffuser be restored to a 
configuration that incorporates a diffuser. Additionally, this 
amendment requires installation of a new configuration center tank 
override or override/jettison fuel pump with a cast-

[[Page 39418]]

in diffuser, which terminates the AFM revisions and repetitive 
inspections. The actions specified by this AD are intended to prevent 
ignition of fuel vapors due to the generation of sparks, to prevent a 
potential ignition source inside the fuel tank caused by steel-to-steel 
contact during dry fuel pump operation, and to ensure satisfactory fuel 
pump and fuel system operation.

DATES: Effective September 4, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 4, 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: Dennis Kammers, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone 
(425) 227-2956; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 97-19-15, 
amendment 39-10136 (62 FR 48754, September 17, 1997), which is 
applicable to all Boeing Model 767 series airplanes, was published in 
the Federal Register on August 17, 2000 (65 FR 50166). The action 
proposed to continue to require revising the Airplane Flight Manual 
(AFM) to include procedures that will ensure that the center tank fuel 
pumps are not operated with less than 1,000 pounds of fuel in the 
center tank. The action proposed to require a further revision of the 
AFM to specify conditions for minimum fuel weight requirements and 
procedures for ground transfer of fuel for certain airplanes, 
repetitive inspections to detect discrepancies of the center tank 
override/jettison fuel pumps, and replacement of any discrepant pump 
with a new or serviceable pump. The action also proposed to require 
that any override/jettison pump that incorporates a configuration 
without a diffuser be restored to a configuration that incorporates a 
diffuser. Additionally, the action proposed to require installation of 
a new configuration center tank fuel pump, which would terminate the 
AFM revisions regarding fuel system operating procedures and repetitive 
inspection requirements.

Explanation of New Method of Compliance

    Paragraph (i) of the Notice of Proposed Rulemaking (NPRM) proposed 
to require installation of ``modified center tank override and jettison 
fuel pumps that are not subject to the unsafe condition,'' in 
accordance with a method approved by the FAA. Since the issuance of the 
proposed rule, the FAA has reviewed and approved Boeing Service 
Bulletins 767-28-0062 and 767-28-0063, both dated December 20, 2000. 
Boeing Service Bulletin 767-28-0062 provides procedures for 
accomplishment of the modification of the override and override/
jettison fuel pumps. Boeing Service Bulletin 767-28-0063 provides 
procedures for installing a placard for the wing fueling station to 
advise that use of JP-4 or Jet B fuel in the center fuel tank is 
prohibited. The FAA has approved incorporation of these service 
bulletins as an acceptable means of compliance with paragraph (i) of 
this AD, and has added a new note, Note 5, to this final rule to 
acknowledge this means of compliance.

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.

Request To Limit Applicability of This AD

    One commenter states that the applicability of the proposed rule 
should be restricted to Model 767-200 and -300 series airplanes with 
line numbers up to 797, and should not apply to any Model 767-400ER 
series airplanes. The commenter justifies its request on the fact that 
Model 767-200 and -300 series airplanes with line numbers 798 and 
higher are delivered with new override or override/jettison fuel pumps 
with cast-in diffusers, such as are required to be installed by 
paragraph (i) of this AD. The commenter states that the pump 
configuration with a cast-in diffuser is the only approved 
configuration for Model 767-400ER series airplanes. The commenter 
requests that the FAA revise the applicability of this AD to apply to 
airplanes on which an override or override/jettison fuel pump, as 
applicable, having a specific part number, is installed.
    The FAA partially concurs with the commenter's request. The FAA 
does not concur with the commenter's request to list the applicability 
of the AD in terms of airplanes equipped with certain part numbers. 
Also, while the FAA acknowledges that airplanes with line numbers 798 
and above were delivered with the new configuration override or 
override/jettison fuel pump, as applicable, the FAA is concerned that 
another pump configuration could be removed from an airplane with a 
line number before 798 and installed during line maintenance on a Model 
767-200, -300, or -300F series airplane with a line number of 798 or 
above. Thus, the FAA finds it necessary to make this AD applicable to 
all Model 767-200, -300, and -300F series airplanes.
    However, the FAA does concur that the only approved pump 
configuration for Model 767-400ER series airplanes is the new 
configuration pump with a cast-in diffuser, and the maintenance 
documentation for these airplanes correctly reflects this configuration 
without potential for confusion. Thus, the applicability of this AD has 
been revised to exclude all Model 767-400ER series airplanes.

Requests To Provide Relief for Airplanes With Deactivated Center 
Fuel Tanks

    Two commenters request that the FAA provide relief from the 
requirement to install a modified override or override/jettison pump 
per paragraph (i) of the proposed AD for airplanes on which the center 
fuel tanks are deactivated as described by paragraph (f) of the 
proposed AD. One commenter points out that airplanes with center fuel 
tanks that have been deactivated have certain motor winding circuits 
open for the override or override/jettison fuel pumps, and'with no 
power available to operate the pumps'there is no chance of sparks being 
generated within the center fuel tank.
    The FAA concurs with the commenters' request. The FAA has revised 
paragraph (f) of this final rule to specify that, for airplanes 
equipped with a center tank scavenge system on which the center fuel 
tank is deactivated, the pump replacement specified by paragraph (i) of 
this AD is not required.

Requests To Extend Compliance Time for Paragraph (i)

    Several commenters request that the compliance time for the 
installation of new configuration override or override/

[[Page 39419]]

jettison fuel pumps be extended beyond the 24 months specified in 
paragraph (i) of the proposed rule. Several commenters request an 
increase in the compliance time to 60 months, while one commenter 
suggests a compliance time of 48 months. The commenters state that 
replacement of the center tank override or override/jettison fuel pumps 
within 24 months after the effective date of this AD is not reasonable 
nor practical. The commenters' reasons include the facts that a 
sufficient quantity of replacement parts will not be available in the 
proposed 24-month compliance period, and overhaul facilities will be 
unable to complete the work on the affected fleet of airplanes within 
that timeframe. Related to the request to extend the compliance time 
for the requirements of paragraph (i) of the proposed AD, one 
additional commenter asks that, if the compliance time for paragraph 
(i) cannot be extended beyond 24 months, the requirement be removed 
from this AD and issued as a separate action. An additional commenter 
simply asks for the supply plan for the modified override or override/
jettison fuel pumps, so that it can better understand the availability 
of the new configuration override or override/jettison fuel pumps.
    The FAA partially concurs with the commenters' requests to extend 
the compliance time. Based on discussions with the airplane 
manufacturer and the manufacturer of the override and override/jettison 
fuel pumps, the FAA has determined that a compliance time of 36 months 
after the effective date of this AD for the replacement of the affected 
override or override/jettison fuel pumps with new configuration pumps 
is sufficient for an adequate quantity of new configuration parts to be 
available and for overhaul facilities to be able to schedule 
modification of the affected fleet of airplanes. At the same time, the 
FAA has determined that the combination of inspections and revised 
flight crew procedures required by this AD will be adequate to ensure 
an acceptable level of safety for the affected airplanes during the 36-
month compliance time. The FAA has revised paragraph (i) of this AD 
accordingly.
    Further, the FAA finds that similar rationale supports an extension 
of the compliance time for paragraphs (g) and (h) of this AD. A 36-
month compliance time for those paragraphs will allow new configuration 
override or override/jettison fuel pumps to be installed to achieve 
compliance with these paragraphs. Therefore, the FAA has also revised 
paragraphs (g) and (h) of this AD accordingly.
    With regard to one commenter's request to remove the requirements 
of paragraph (i) from this AD and issue a separate AD to require the 
actions in that paragraph, the FAA finds that to further delay 
implementation of the requirements of paragraph (i) of this AD in that 
way would be inappropriate. The FAA has determined that 36 months is 
the maximum interval allowable wherein the affected airplanes can 
continue to operate without incorporation of the new configuration 
override or override/jettison fuel pumps. No change is necessary in 
this regard.
    Specifically with regard to one commenter's request to provide a 
supply plan for the replacement override or override/jettison fuel 
pumps, the FAA interprets this request as an expression of concern 
about the compliance time. Based on information received from the 
manufacturer, the FAA has determined that a sufficient quantity of 
replacement parts will be available within the 36-month compliance time 
for paragraph (i) of this final rule. However, if the commenter wants 
more information on the supply plan, the pump manufacturer may be able 
to provide this information. No change to the final rule is necessary 
in this regard.

Requests To Correct Language/References in Proposed Rule

    Several commenters request changes in various technical terms and 
correction of typographical errors in the proposed rule, as follows:
     One commenter requests that the proposed rule be revised 
to reference not just override pumps but also override/jettison pumps 
throughout the AD, where applicable. The commenter notes that the 
proposed rule pertains to both the override and override/jettison fuel 
boost pumps on Model 767 series airplanes.
     Two commenters request that the terminology ``metal-to-
metal contact'' in the statement of unsafe condition in various places 
in the proposed AD be changed to ``steel-to-steel contact.'' The 
commenters state that this change will provide clarification.
     One commenter requests that the statement of what prompted 
the proposed rule be revised in the summary to refer to other, more 
likely, failure modes instead of only cracks in the diffuser assembly.
     Two commenters request correction of a typographical error 
in Note 2 of the proposed rule, so that the note refers to paragraph 
(e) rather than paragraph (d). The commenters correctly note that 
paragraph (d) doesn't specify an inspection.
     One commenter requests that the heading that precedes 
paragraph (i) of the proposed rule be changed from ``Installation of 
Modified Pumps'' to ``Installation of New Configuration Pumps.''
    The FAA concurs with the commenters'' requests as stated above, and 
has revised the appropriate sections of this final rule accordingly.
    One commenter made two additional requests for clarification. The 
commenter asks the FAA to revise the last line in the ``Explanation of 
Requirements of Proposed Rule'' section of the proposed rule, to delete 
the reference to Boeing Service Bulletin 767-28-0052, dated May 20, 
1999, as being relevant to inspection and replacement of override and 
override/jettison fuel pumps with machined diffusers installed. The 
commenter points out that the instructions in Boeing Service Bulletin 
767-28-0052 are only for installing an override or override/jettison 
pump that did not incorporate a diffuser. The same commenter also asks 
that the FAA revise the same section to state that the proposed rule 
proposes elimination of override or override/jettison pumps that do not 
incorporate diffusers, and that paragraph (i) requires installation of 
a new override or override/jettison pump that is no longer subject to 
the unsafe condition.
    While the FAA concurs with these comments in principle and 
acknowledges that a typographical error resulted in a reference to 
Boeing Service Bulletin 767-28-0052 instead of Boeing Service Bulletin 
767-28A0057, this final rule does not restate the section of the 
proposed rule wherein the commenter has requested changes. Therefore, 
no change to the final rule has been made in this regard.

Requests for Changes to Cost Impact Section

    Two commenters request that the FAA make various changes to the 
information contained in the cost impact section.
    One commenter requests that the FAA update its estimates for the 
number of airplanes affected by this AD. The commenter states that the 
total number of affected airplanes in the worldwide fleet is 784, and 
the total number of these affected airplanes on the U.S. registry is 
325. The FAA concurs with the commenter's request and has revised the 
cost impact section accordingly.
    Another commenter makes several requests pertaining to the portion 
of the Cost Impact section that discusses the

[[Page 39420]]

modification of the override or override/jettison fuel pumps. When the 
proposed rule was issued, the manufacturer had not yet developed a 
modification of the override or override/jettison fuel pumps, and the 
Cost Impact section of the proposed rule reflected this fact. The 
commenter requests that the FAA make various revisions to the Cost 
Impact information to reflect the manufacturer's issuance of service 
information that provides information for accomplishing the 
modification of override or override/jettison pumps.
    The FAA concurs with the commenters' requests. As stated 
previously, incorporation of both Boeing Service Bulletins 767-28-0062 
and 767-28-0063 is approved as a method of compliance with paragraph 
(i) of this AD. The FAA has revised the Cost Impact section of this 
final rule to include information from those service bulletins.
    The second commenter also requests that the FAA revise the cost 
information for the installation of an override or override/jettison 
pump with an inlet diffuser as required by this AD, to remove the 
statement that required parts will be provided at no cost to operators. 
The commenter states that the cost, terms, and conditions associated 
with installation of any new parts required by this AD will be 
addressed separately from this AD. The FAA concurs with the commenter's 
request, and has revised the Cost Impact section of this final rule 
accordingly.

Request To Exclude Airplanes With New Override or Override/Jettison 
Pumps

    One commenter requests that, for clarification, the FAA revise the 
proposed rule to include a statement that certain paragraphs of this AD 
do not apply to airplanes with new configuration override or override/
jettison fuel pumps (i.e., pumps incorporating a cast-in diffuser). The 
FAA infers that the commenter is referring to paragraphs (g), (h), and 
(i) of this AD.
    The FAA concurs that airplanes with the new configuration override 
or override/jettison fuel pumps are not subject to these requirements. 
However, the FAA finds that further clarification can be made. Credit 
for actions in an AD that have already been accomplished is always 
provided by means of the statement in the ``Compliance'' section of 
every AD, ``Required as indicated, unless accomplished previously.'' In 
this AD, this statement gives credit for Model 767-200, -300, and -300F 
series airplanes on which a new configuration override or override/
jettison fuel pump with a cast-in diffuser has been installed during 
manufacture or by accomplishment of Boeing Service Bulletins 767-28-
0062 and 767-28-0063 (described previously). No change to the final 
rule is necessary in this regard.

Request To Give Credit for Previous Inspections Per Paragraph (e)

    One commenter requests that the FAA allow credit for inspections 
according to paragraph (e) of the proposed AD that have been 
accomplished previously.
    The FAA concurs with the commenter's request but notes that no 
change to the final rule is necessary to provide for such credit. 
Credit is always given for actions accomplished before the effective 
date of an AD by means of the phrase in the ``Compliance'' statement of 
the AD: ``Required as indicated, unless accomplished previously.''

Request To Remove Reference to Scavenge System

    One commenter requests that the FAA remove the statement ``For 
airplanes equipped with a center tank scavenge system'' from paragraph 
(f) of the proposed rule. The commenter states that removing this 
statement will clarify this requirement because if a fuel tank is 
deactivated, it doesn't matter if the airplane has a center tank 
scavenge transfer system with respect to doing the inspections in 
paragraph (e) of this AD.
    The FAA partially concurs with the commenter. The FAA acknowledges 
that the center tank may only be deactivated if the airplane is 
equipped with a center tank scavenge system, so the reference in 
paragraph (f) may seem redundant. However, the FAA finds that there is 
no technical inaccuracy in paragraph (f), nor is the requirement 
unclear; thus, no change to the final rule is necessary in this regard.

Request To Revise Compliance Time for Paragraph (a)

    One commenter requests that the compliance time for paragraph (a) 
of the proposed AD be revised from 14 days after October 2, 1997 (the 
effective date of AD 97-19-15), to 14 days after the effective date of 
this AD. The commenter states that it is confusing to have a compliance 
time of 14 days after October 2, 1997, because that date has passed. 
The commenter notes that this is especially confusing in light of the 
addition of paragraph (c) to this AD.
    The FAA does not concur with the commenter's request. The purpose 
of carrying over the compliance time for the requirements of AD 97-19-
15 is to ensure that the requirement for revising the AFM is continued 
without interruption. Paragraph (c) of this AD simply adds alternative 
wording for the AFM revision previously required by paragraph (b) of AD 
97-19-15, but paragraph (b) is still acceptable for compliance. 
Referring to the October 2, 1997, effective date of AD 97-19-15 also 
ensures that any airplanes already in compliance with that AD do not 
have to comply again with paragraph (b) or (c) of this AD. No change to 
the final rule is necessary in this regard.

Requests To Revise Paragraph (c)

    One commenter requests that paragraph (c)(1) be revised to read, 
``If the center tank fuel pumps are to be used for takeoff, there must 
be at least 5,000 pounds (2,267 kilograms) of fuel in the center tank 
prior to initial engine start.'' The commenter suggests that the 
reference to the poundage of fuel in the center tank ``when the entry 
doors are closed with the airplane readied for initial taxi'' may cause 
confusion for the flight crew in any operational scenario involving 
reopening an entry door after the airplane is readied for initial taxi.
    The FAA neither agrees nor disagrees with the commenter. Paragraph 
(a) of this AD allows accomplishment of either paragraph (b) or (c) of 
the AD, and paragraph (b) differs from paragraph (c) of this AD in that 
(b)(1) contains essentially the same wording as suggested by the 
commenter. However, if the commenter finds it necessary to use words 
other than those given in paragraph (b) or (c), it may submit a request 
for approval of an alternative method of compliance (AMOC) under 
paragraph (n) of this AD. No change to the final rule is necessary in 
this regard.
    In a related issue, another commenter requests that the 
requirements of paragraphs (b) and (c) of the proposed rule be stated 
only once. The commenter states that the two paragraphs have identical 
wording and there is no distinction as to differences in the airplane 
models to which each paragraph applies.
    The FAA does not concur with the commenter's request. The wording 
of the AFM revisions specified in paragraphs (b)(1) and (c)(1) are 
slightly different, as discussed above. Paragraph (c)(1) was added in 
this AD to allow operators an alternative to revising the AFM with the 
wording in paragraph (b)(1). No change to the final rule is necessary 
in this regard.

Request To Extend Inspection Compliance Time

    One commenter requests that the compliance time for the initial 
inspection of the override or override/

[[Page 39421]]

jettison fuel pumps in paragraph (e) of the proposed rule be extended 
from 60 days to 120 days after the effective date of this AD. The 
commenter states that such a compliance time would permit both the 
initial and repetitive inspections required by paragraph (e) to be 
performed during regular scheduled maintenance visits, thus allowing 
operators to avoid operational difficulties associated with unscheduled 
maintenance visits.
    The FAA does not concur with the commenter's request to extend the 
compliance time for the inspection required by paragraph (e) of this 
AD. In developing an appropriate compliance time for this action, the 
FAA considered not only the degree of urgency associated with 
addressing the identified unsafe condition, but also the manufacturer's 
recommendation of a 60-day compliance time, and the practical aspects 
of performing the inspections at intervals that parallel regular 
scheduled maintenance for the majority of affected operators. The FAA 
finds that there is no technical justification for an extension of this 
compliance time; thus no change to the final rule is necessary in this 
regard.

Request To Extend Repetitive Interval for Inspection

    One commenter recommends that the repetitive interval for the 
proposed inspection in paragraph (e) be extended from 1,000 flight 
hours to 1,300 flight hours. The commenter bases its request on the 
fact that it has not found any discrepancies since it started the 
repetitive inspections two years ago. The commenter states that 
extension of the repetitive interval to 1,300 flight hours would reduce 
the amount of down-time for subject airplanes, and will allow the 
inspection to be done on the override or override/jettison fuel pump on 
the left side of the airplane at one ``A'' check, and on the pump on 
the right side of the airplane at the following ``A'' check. The 
commenter notes that inspecting one side per ``A'' check will reduce 
the chance for ``dual sided mistakes.'' The commenter also states that 
extending the repetitive interval will reduce the potential for damage 
to the fuel pumps, O-rings, and other parts due to being subjected to 
repetitive inspections.
    The FAA does not concur with the commenter's request to extend the 
interval for the repetitive inspections in paragraph (e) of this AD. In 
developing an appropriate compliance time for this action, the FAA 
considered not only the degree of urgency associated with addressing 
the identified unsafe condition, but also the manufacturer's 
recommendation for a repetitive interval, and the practical aspects of 
performing the inspections at intervals that parallel regular scheduled 
maintenance for the majority of affected operators. In addition, in 
response to some of the operator's descriptions of its current 
procedures, the FAA notes that O-rings must be replaced with new parts 
each time an override or override/jettison pump is installed.
    After considering the factors mentioned above, the FAA has 
determined that 1,000 flight hours is an adequate repetitive interval 
to ensure the safety of the affected airplanes. Should the operator 
wish to gain approval for use of an alternate inspection schedule that 
provides an equivalent level of safety, the operator may submit a 
request for approval of an AMOC under paragraph (n) of this AD. No 
change to the final rule is necessary in this regard.

Request To Include Serial Numbers of Pumps With Cracks

    One commenter requests that, for clarification, the FAA revise the 
proposed rule to include the serial numbers of the override or 
override/jettison fuel pumps on which the inlet diffuser was found 
cracked. The same commenter asks that the statement in the Summary 
section of the proposed rule, ``The proposed AD would also require 
installation of a new configuration center tank fuel pump, which would 
terminate''' be revised to specifically state that the new 
configuration center tank override or override/jettison fuel pump 
incorporates a cast-in diffuser and two-window shutoff sleeve.
    The FAA does not concur with the commenter's requests to include 
these pieces of information in this AD. The FAA does not find any merit 
in referring to the specific serial numbers of the override or 
override/jettison pumps that failed and finds no technical 
justification for supplying this information. In addition, the FAA 
notes that details are minimized in the summary of AD actions, thus the 
FAA does not consider it necessary to incorporate this level of detail 
in the summary of this AD. No change to the final rule is necessary in 
this regard.

Explanation of Change to Paragraph (d)

    Paragraph (d) of the proposed rule applied the actions in that 
paragraph to certain Model 767-200 and -300 series airplanes. The FAA 
inadvertently omitted a reference to Model 767-300F series airplanes in 
that paragraph. Therefore, for clarification, the FAA has revised 
paragraph (d) of this final rule to state that the paragraph applies to 
certain Model 767-200, -300, and -300F series airplanes.

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 previously 
described. 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 784 Model 767-200, -300, and -300F series 
airplanes of the affected design in the worldwide fleet. The FAA 
estimates that 325 airplanes of U.S. registry will be affected by this 
AD.
    The AFM revisions that are currently required by AD 97-19-15, and 
retained in this AD, take approximately 1 work hour per airplane to 
accomplish, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of the currently required actions on 
U.S. operators is estimated to be $60 per airplane.
    The new AFM revisions will take approximately 1 work hour per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the new AFM revisions 
required by this AD on U.S. operators is estimated to be $19,500, or 
$60 per airplane.
    The inspection required by this AD will take approximately 3 or 6 
work hours per airplane to accomplish (3 hours for airplanes not 
equipped with override/jettison fuel pumps, 6 hours for airplanes 
equipped with override/jettison fuel pumps), at an average labor rate 
of $60 per work hour. Based on these figures, the cost impact of this 
inspection on U.S. operators is estimated to be $180 or $360 per 
airplane, per inspection cycle.
    Should an operator be required to install a center tank override or 
override/jettison fuel pump equipped with an inlet diffuser (as 
required by paragraph (g) or (h) of this AD) separately from a new-
configuration override or override/jettison fuel pump (as required by 
paragraph (i) of this AD), it will take approximately 5 work hours per 
pump to accomplish, at an average labor rate of $60 per work hour. 
Required parts will cost approximately $11,901 per pump. Based on these 
figures, the cost impact of this pump installation is estimated to be 
$12,201 per pump. (There may be up to four pumps per airplane, 
depending on

[[Page 39422]]

whether override/jettison fuel pumps are installed.)
    Paragraph (i) of this AD requires installing new configuration 
center tank override or override/jettison fuel pumps per a method 
approved by the FAA. As stated previously, since the issuance of the 
NPRM, the FAA has approved incorporation of Boeing Service Bulletins 
767-28-0062 and 767-28-0063 as an acceptable means of accomplishing 
this action. Based on the information contained in those service 
bulletins, the installation of a new configuration center tank override 
or override/jettison fuel pump will take approximately 8 work hours per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Required parts will cost between $22,182 and $44,364 per airplane, 
depending on the number of pumps that are installed on the airplane 
($11,091 per pump). Based on these figures, the cost impact of this 
installation on U.S. operators is estimated to be between $22,662 and 
$44,844 per airplane.
    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. 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 removing amendment 39-10136 (62 FR 
48754, September 17, 1997), and by adding a new airworthiness directive 
(AD), amendment 39-12342, to read as follows:

2001-15-08  Boeing: Amendment 39-12342. Docket 98-NM-226-AD. 
Supersedes AD 97-19-15, Amendment 39-10136.

    Applicability: All Model 767-200, -300, and -300F 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 (n)(1) 
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 ignition of fuel vapors due to the generation of 
sparks and a potential ignition source inside the fuel tank caused 
by steel-to-steel contact during dry fuel pump operation, accomplish 
the following:

AFM Revisions: Alternatives

    (a) Within 14 days after October 2, 1997 (the effective date of 
AD 97-19-15), accomplish the actions specified by either paragraph 
(b) or (c) of this AD.

Restatement of Requirements of AD 97-19-15

    (b) Accomplish paragraphs (b)(1), (b)(2), (b)(3), and (b)(4) of 
this AD.
    (1) Revise the Limitations Section of the FAA-approved Airplane 
Flight Manual (AFM) to include the following procedures. This may be 
accomplished by inserting a copy of this AD in the AFM.
    ``If the center tank fuel pumps are to be used, there must be at 
least 5,000 pounds (2,267 kilograms) of fuel in the center tank 
prior to engine start.
    The center fuel pumps must be selected `OFF' at or greater than 
1,000 pounds (453 kilograms) of fuel in the center tank. For 
airplanes not equipped with a center tank scavenge system, this 
1,000 pounds (453 kilograms) of center tank fuel must be considered 
unusable.

    Note: On all Model 767-200ER/300ER series airplanes and some 
Model 767-200/300 series airplanes, a scavenge system, operating 
with fuel pressure from the main wing tank pumps, will operate 
automatically to transfer any fuel remaining in the center tank to 
the main tanks. Fuel transfer begins when the main tanks are 
approximately half empty.''

    (2) Revise the Limitations Section of the FAA-approved AFM 
procedure titled ``FUEL SYSTEM, FUEL USAGE II (fuel in center 
tank),'' to include the following procedures. This may be 
accomplished by inserting a copy of this AD into the AFM.
    ``Use the center tank fuel for all operations with all operable 
fuel pumps ``ON'' and the cross feed valve(s) closed until the 
center tank fuel quantity is 1,000 pounds (453 kilograms) or 
greater, then use FUEL USAGE I.
    Do not operate the center tank fuel pumps with less than 1,000 
pounds (453 kilograms) of fuel in the center tank.

    Note: The crossfeed valve(s) is open for minimum fuel operation, 
and may be opened to correct fuel imbalance.''

    (3) Revise the Normal Procedures Section of the FAA-approved AFM 
to include the following procedure. This may be accomplished by 
inserting a copy of this AD into the AFM.

``USE OF FUEL FROM THE CENTER TANK

    When the center tank approaches `EMPTY' during normal use or 
fuel transfer, select both center tank fuel pump switches `OFF' with 
the first occurrence of any of the following:
     The center tank fuel reaches 1,000 pounds (453 
kilograms);
     Either of the center tank fuel pump `PRESS' lights 
illuminate; or
     Either the `CTR L FUEL PUMP' or `CTR R FUEL PUMP' EICAS 
message is displayed.''
    (4) Revise the Non-Normal Procedures Section of the FAA-approved 
AFM to include the following procedures. This may be accomplished by 
inserting a copy of this AD into the AFM.

``CENTER TANK FUEL PUMP FAULTS

    A center tank fuel pump failure may have occurred if a fuel pump 
pressure light illuminates when there is ample fuel in the tank. If 
a fault is suspected, select the affected pump `OFF' and do not re-
select ``ON.'' If the affected circuit breaker is tripped, do not 
reset. Select fuel crossfeed valve(s) `OPEN.'

[[Page 39423]]

    Attempted operation of a faulted center tank pump could ignite 
fuel tank vapors in an empty or nearly empty tank.''

New Requirements of This AD

    (c) Accomplish the actions required by paragraphs (c)(1), 
(c)(2), (c)(3), and (c)(4) of this AD. Following accomplishment of 
the requirements of these paragraphs, the AFM revisions required by 
paragraph (b) of this AD may be removed from the AFM.
    (1) Revise the Limitations Section of the FAA-approved AFM to 
include the following procedures. This may be accomplished by 
inserting a copy of this AD in the AFM.
    ``If the center tank fuel pumps are to be used, there must be at 
least 5,000 pounds (2,267 kilograms) of fuel in the center tank when 
the entry doors are closed with the airplane readied for initial 
taxi.
    The center fuel pumps must be selected ``OFF'' at or greater 
than 1,000 pounds (453 kilograms) of fuel in the center tank. For 
airplanes not equipped with a center tank scavenge system, this 
1,000 pounds (453 kilograms) of center tank fuel must be considered 
unusable.

    Note: On all Model 767-200ER/300ER series airplanes and some 
Model 767-200/300 series airplanes, a scavenge system, operating 
with fuel pressure from the main wing tank pumps, will operate 
automatically to transfer any fuel remaining in the center tank to 
the main tanks. Fuel transfer begins when the main tanks are 
approximately half empty.''

    (2) Revise the Limitations Section of the FAA-approved AFM 
procedure titled ``FUEL SYSTEM, FUEL USAGE II (fuel in center 
tank),'' to include the following procedures. This may be 
accomplished by inserting a copy of this AD into the AFM.
    ``Use the center tank fuel for all operations with all operable 
fuel pumps ``ON'' and the cross feed valve(s) closed until the 
center tank fuel quantity is 1,000 pounds (453 kilograms) or 
greater, then use FUEL USAGE I.
    Do not operate the center tank fuel pumps with less than 1,000 
pounds (453 kilograms) of fuel in the center tank.

    Note: The crossfeed valve(s) is open for minimum fuel operation, 
and may be opened to correct fuel imbalance.''

    (3) Revise the Normal Procedures Section of the FAA-approved AFM 
to include the following procedure. This may be accomplished by 
inserting a copy of this AD into the AFM.

``USE OF FUEL FROM THE CENTER TANK

    When the center tank approaches `EMPTY' during normal use or 
fuel transfer, select both center tank fuel pump switches ``OFF'' 
with the first occurrence of any of the following:
     The center tank fuel reaches 1,000 pounds (453 
kilograms);
     Either of the center tank fuel pump ``PRESS'' lights 
illuminate; or
     Either the `CTR L FUEL PUMP' or `CTR R FUEL PUMP' EICAS 
message is displayed.''
    (4) Revise the Non-Normal Procedures Section of the FAA-approved 
AFM to include the following procedures. This may be accomplished by 
inserting a copy of this AD into the AFM.

``CENTER TANK FUEL PUMP FAULTS

    A center tank fuel pump failure may have occurred if a fuel pump 
pressure light illuminates when there is ample fuel in the tank. If 
a fault is suspected, select the affected pump `OFF' and do not re-
select `ON.' If the affected circuit breaker is tripped, do not 
reset. Select fuel crossfeed valve(s) `OPEN.'
    Attempted operation of a faulted center tank pump could ignite 
fuel tank vapors in an empty or nearly empty tank.''

Ground Transfer of Fuel

    (d) For Model 767-200, -300, and -300F series airplanes that are 
equipped with any override or override/jettison fuel pump having 
part number S343T002-5, -8, -12, or -15 (which are configured with 
machined inlet diffusers) and that are not equipped with a center 
tank scavenge system: For any period during which ground transfer of 
fuel is accomplished below 1,000 pounds (453 kilograms), accomplish 
the ground fuel pressure defueling actions specified by paragraphs 
(d)(1) and (d)(2), in accordance with the Boeing 767 Maintenance 
Manual Section 28-26-00, Pressure Defueling Procedures, titled ``For 
Override Pumps with a Diffuser Installed.''
    (1) Only one center tank pump may be operated, and that pump 
must be selected ``OFF'' at or greater than 400 pounds (200 
kilograms), as indicated on the center tank fuel quantity indication 
system (FQIS), or at the first indication of a pump low pressure 
light.
    (2) The pitch attitude of the airplane must be recorded prior to 
this procedure to verify that it is between -1 and +2 degrees. This 
may be accomplished by viewing the pitch inclinometer, located in 
the left main gear wheel well.

Repetitive Inspections

    (e) For airplanes that are equipped with any override or 
override/jettison fuel pump having part number S343T002-5, -8, -12, 
or -15 (which are configured with machined inlet diffusers), except 
as provided by paragraph (f) of this AD: Within 60 days after the 
effective date of this AD, remove the override fuel pump and 
override/jettison fuel pump, as applicable, of the center tank, and 
perform a detailed visual inspection of the pump to detect 
discrepancies (cracking, screw movement, and diffuser movement), in 
accordance with Boeing Alert Service Bulletin 767-28A0050, dated 
December 18, 1997; or Revision 1, dated December 22, 1999. Repeat 
the inspection thereafter at intervals not to exceed 1,000 flight 
hours.
    (1) If no discrepancy is detected, prior to further flight, 
reinstall the pump in accordance with the alert service bulletin.
    (2) If any discrepancy is detected, prior to further flight, 
replace the pump with a new or serviceable pump, in accordance with 
the alert service bulletin.

    Note 2: Boeing Alert Service Bulletin 767-28A0050 refers to 
Sundstrand Alert Service Bulletin 5006286-28-A8, dated October 10, 
1997, as an additional source of service information for 
accomplishment of the inspection required by paragraph (e) of this 
AD.


    Note 3: 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.''

    (f) For airplanes equipped with a center tank scavenge system: 
For any period during which the center fuel tank is deactivated in 
accordance with Boeing Alert Service Bulletin 767-28A0050, dated 
December 18, 1997, or Revision 1, dated December 22, 1999, the 
actions specified by paragraphs (e) and (i) of this AD are not 
required. As of 36 months after the effective date of this AD, 
modified fuel pumps must be installed according to paragraph (i) of 
this AD before the center fuel tank may be reactivated.

Pump Replacement

    (g) For airplanes that are equipped with any override fuel pump 
having part number S343T002-23, -51, -81, or -121 (which are 
configured without inlet diffusers): Within 36 months after the 
effective date of this AD, accomplish the actions specified by 
either paragraph (g)(1) or (g)(2) of this AD.
    (1) Replace the override fuel pump with a fuel pump having a 
machined inlet diffuser installed, in accordance with Boeing Alert 
Service Bulletin 767-28A0057, dated November 18, 1999. Or
    (2) Replace the override fuel pump with a fuel pump modified in 
accordance with paragraph (i) of this AD.
    (h) For airplanes that are equipped with any override/jettison 
fuel pump having part number S343T002-23, -51, -81, or -121 (which 
are configured WITHOUT inlet diffusers): Within 36 months after the 
effective date of this AD, accomplish the actions specified by 
either paragraph (h)(1) or (h)(2) of this AD.
    (1) Replace the override/jettison fuel pump with a fuel pump 
having a machined inlet diffuser installed, in accordance with 
Boeing Service Bulletin 767-28-0059, dated December 22, 1999. Or
    (2) Replace the override/jettison fuel pump with a fuel pump 
modified in accordance with paragraph (i) of this AD.

Installation of New Configuration Pumps

    (i) For all airplanes: Within 36 months after the effective date 
of this AD, install modified center tank override and override/
jettison fuel pumps that are not subject to the unsafe condition 
described in this AD. The installation shall be accomplished in 
accordance with a method approved by the Manager, Seattle Aircraft 
Certification Office (ACO), FAA.

    Note 4: Installation of new configuration override or override/
jettison fuel pumps, as applicable, in accordance with Boeing 
Service Bulletin 767-28-0062, dated December 20, 2000; and a fueling 
station

[[Page 39424]]

placard, in accordance with Boeing Service Bulletin 767-28-0063, 
dated December 20, 2000; or accomplishment of equivalent actions 
during production; are approved means of compliance with paragraph 
(i) of this AD.

Terminating Action

    (j) Accomplishment of the requirements of paragraph (e) of this 
AD constitutes terminating action for the requirements of AD 94-11-
05, amendment 39-8921 (59 FR 27970, May 31, 1994).
    (k) Accomplishment of the requirements of paragraph (i) of this 
AD constitutes terminating action for the requirements of paragraphs 
(a), (b), (c), (d), (e), (g), and (h) of this AD, and the 
requirements of AD 94-11-05, amendment 39-8921.

Spares

    (l) As of the effective date of this AD, no person shall install 
on any airplane a fuel pump having part number S343T002-5, -8, -12, 
or -15, unless that pump has been inspected and corrective actions 
have been performed in accordance with the requirements of either 
paragraph (b) or (c), and paragraph (e), of this AD.
    (m) As of the effective date of this AD, no person shall install 
on any airplane a fuel pump having part number S343T002-23, -51, -
81, or -121.

Alternative Methods of Compliance

    (n)(1) 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 ACO. 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.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 97-19-15, amendment 39-10136, are approved as 
alternative methods of compliance when performing the requirements 
of paragraphs (b) and (c) of this AD.

    Note 5: 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

    (o) Special flight permits may be issued in accordance with 
Secs. 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

    (p) Except as provided by paragraphs (a), (b), (c), (d), (f), 
(g)(2), (h)(2), and (i) of this AD; the actions shall be done in 
accordance with Boeing Alert Service Bulletin 767-28A0050, dated 
December 18, 1997, or Boeing Service Bulletin 767-28A0050, Revision 
1, dated December 22, 1999; Boeing Alert Service Bulletin 767-
28A0057, dated November 18, 1999; or Boeing Service Bulletin 767-28-
0059, dated December 22, 1999; as applicable. 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

    (q) This amendment becomes effective on September 4, 2001.

    Issued in Renton, Washington, on July 19, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-18471 Filed 7-30-01; 8:45 am]
BILLING CODE 4910-13-U