[Federal Register Volume 66, Number 227 (Monday, November 26, 2001)]
[Rules and Regulations]
[Pages 58924-58927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29183]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-258-AD; Amendment 39-12510; AD 2001-17-28 R1]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment revises an existing airworthiness directive 
(AD), applicable to all Boeing Model 767 series airplanes, that 
currently requires a one-time inspection to detect abrasion damage and 
installation discrepancies of the wire bundles located below the

[[Page 58925]]

P37 panel, corrective action if necessary, relocating the wire support 
standoff, and installing protective sleeving over the wire bundles. 
This amendment removes the requirements to relocate the wire support 
standoff and install the protective sleeving, and revises the 
applicability by removing certain airplanes. The actions specified in 
this AD are intended to detect and correct such abrasion damage and 
installation discrepancies, which could result in arcing to structure 
and consequent fire or loss of function of affected systems.

DATES: Effective December 11, 2001.
    The incorporation by reference of certain publications listed in 
the regulations, is approved by the Director of the Federal Register as 
of December 11, 2001.
    The incorporation by reference of certain other publications listed 
in the regulations was approved previously by the Director of the 
Federal Register as of September 13, 2001 (66 FR 45579, August 29, 
2001).
    Comments for inclusion in the Rules Docket must be received on or 
before January 25, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-258-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-258-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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 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.

FOR FURTHER INFORMATION CONTACT: Elias Natsiopoulos, Aerospace 
Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-1279; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: On August 20, 2001, the FAA issued AD 2001-
17-28, amendment 39-12419 (66 FR 45579, August 29, 2001), applicable to 
all Boeing Model 767 series airplanes, to require a one-time inspection 
to detect abrasion damage and installation discrepancies of the wire 
bundles located below the P37 panel, corrective action if necessary, 
relocating the wire support standoff, and installing protective 
sleeving over the wire bundles. The actions required by that AD are 
intended to detect and correct such damage and other discrepancies, 
which could result in arcing to structure and consequent fire or loss 
of function of affected systems.

Explanation of Relevant Service Information

    AD 2001-17-28 cited the original versions of Boeing Alert Service 
Bulletins 767-24A0134 and 767-24A0135 as the appropriate sources of 
service information for accomplishment of the requirements. Since that 
AD was issued, Boeing has issued Revision 1, dated October 18, 2001, of 
both alert service bulletins. Revision 1 clarifies certain 
accomplishment instructions and specifies optional sleeving material. 
Revision 1 also revises the effectivity to add ``Group 2'' airplanes, 
which comprise airplanes on which the sleeving installed in production 
may have been an incorrect type or incorrectly installed. Revision 1 
includes different actions for Group 2 airplanes to address the 
discrepant sleeving installation.

Since Issuance of Previous Rule

    Since the issuance of AD 2001-17-28, the FAA has become aware of 
certain requirements that were inadvertently included in that AD.

FAA Determination

    The FAA has determined that the 90-day compliance time required by 
AD 2001-17-28 is sufficient for operators to accomplish the inspection 
and repair any damage found, but insufficient to also relocate the wire 
support standoff and install protective sleeving over the wire bundles. 
The FAA has revised the AD to remove the relocation and installation 
actions.
    In addition, the FAA has determined that, because Group 2 airplanes 
are newly manufactured, the unsafe condition does not indicate the need 
for the immediate accomplishment of the actions specified for those 
airplanes in the alert service bulletins; i.e., delaying their 
accomplishment would not adversely affect safety. The FAA has therefore 
determined that, if the actions are necessary to be accomplished on 
Group 2 airplanes, a notice of proposed rulemaking would be proper 
because notice and the opportunity for public comment would be 
practicable.
    The FAA is considering issuing a notice of proposed rulemaking that 
would add requirements to relocate the wire support standoff and 
install protective sleeving over the wire bundles, and revise the 
applicability to add Group 2 airplanes to accomplish additional actions 
in the event of discrepant sleeving installation.

Comment on the Immediately Adopted Rule

    After AD 2001-17-28 was issued, the FAA received a comment 
regarding the routing of the bundle under the blanket. According to the 
AD, such routing ``violates wire bundle installation and routing 
requirements.'' The commenter suggests that, if the violation refers to 
Boeing's routing requirements, the unsafe condition would result not 
from a design error but rather a production quality problem. In that 
event, the commenter considers that other aircraft types might be 
affected, and questions whether the FAA has investigated this 
possibility.
    The FAA has determined that the cause of the discrepant wiring 
installation is unknown; the routing of the wire bundle under an 
insulation blanket is isolated to the incident airplane. Its operator 
reports that all Model 767 series airplanes remaining in the fleet 
(approximately 100) have been inspected. The results of those 
inspections revealed other installation discrepancies, but no wire 
bundle found under an insulation blanket in another airplane. Boeing 
specifies that wire bundles be installed inboard of (over) the 
insulation blankets; i.e., insulation blankets are installed before 
wire bundles. The FAA has concluded that the wire bundle in the 
incident airplane had been covered by the blanket inadvertently during 
in-service maintenance.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of this same type design, this 
amendment revises AD 2001-17-28 to continue to require a one-time 
detailed visual inspection to detect abrasion damage and installation 
discrepancies of the wire bundles located below the P37 panel, and 
corrective action if necessary. This amendment revises AD 2001-17-28 to 
remove the requirements to relocate the

[[Page 58926]]

wire support standoff and install protective sleeving over the wire 
bundles. This amendment also revises the applicability to remove 
certain airplanes.

Interim Action

    This is considered to be interim action. The FAA is considering 
future rulemaking to add requirements to relocate the wire support 
standoff and install protective sleeving over the wire bundles. The 
planned compliance time for these actions is sufficiently long so that 
notice and opportunity for prior public comment will be practicable. In 
addition, the FAA may revise the applicability to include Group 2 
airplanes.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed. Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the AD is 
being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket 2001-NM-258-AD.'' The postcard will be date stamped and 
returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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 39-12419 (66 FR 
45579, August 29, 2001), and by adding a new airworthiness directive 
(AD), amendment 39-12510, to read as follows:

2001-17-28 R1  Boeing: Amendment 39-12510. Docket 2001-NM-258-AD. 
Revises AD 2001-17-28, Amendment 39-12419.

    Applicability: Model 767 airplanes, certificated in any 
category, line numbers 1 through 815 inclusive.

    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 (b) 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 detect and correct abrasion damage and installation 
discrepancies of the wire bundles located below the P37 panel, which 
could result in arcing to structure and consequent fire or loss of 
function of affected systems, accomplish the following:

Inspection

    (a) Within 90 days after September 13, 2001 (the effective date 
of AD 2001-17-28, amendment 39-12419): Perform a one-time detailed 
visual inspection of the wire bundles located below the P37 panel to 
detect abrasion damage and wire installation discrepancies 
(including missing standoffs; missing, chafed, or loose cable 
clamps; chafed grommets; and wire bundles located beneath an 
insulation blanket), in accordance with Boeing Alert Service 
Bulletin 767-24A0134, dated March 15, 2001, or Revision 1, dated 
October 18, 2001 (for Model 767-200 and -300 series airplanes); or 
767-24A0135, dated March 15, 2001, or Revision 1, dated October 18, 
2001 (for Model 767-400ER series airplanes). If any damage or other 
discrepancy is found, prior to further flight, perform corrective 
actions in accordance with the applicable alert service bulletin. 
After the effective date of this AD, only Revision 1 of the alert 
service bulletin may be used.

    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

[[Page 58927]]

cleaning and elaborate access procedures may be required.''

Alternative Methods of Compliance

    (b) 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 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

    (c) 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

    (d) The actions must be done in accordance with Boeing Alert 
Service Bulletin 767-24A0134, dated March 15, 2001; Boeing Alert 
Service Bulletin 767-24A0134, Revision 1, dated October 18, 2001; 
Boeing Alert Service Bulletin 767-24A0135, dated March 15, 2001; or 
Boeing Alert Service Bulletin 767-24A0135, Revision 1, dated October 
18, 2001; as applicable.
    (1) The incorporation by reference of Boeing Alert Service 
Bulletin 767-24A0134, Revision 1, dated October 18, 2001; and Boeing 
Alert Service Bulletin 767-24A0135, Revision 1, dated October 18, 
2001; is approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The incorporation by reference of Boeing Alert Service 
Bulletin 767-24A0134, dated March 15, 2001; and Boeing Alert Service 
Bulletin 767-24A0135, dated March 15, 2001 was approved previously 
by the Director of the Federal Register as of September 13, 2001 (66 
FR 45579, August 29, 2001).
    (3) 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

    (e) This amendment becomes effective on December 11, 2001.

    Issued in Renton, Washington, on November 15, 2001.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-29183 Filed 11-23-01; 8:45 am]
BILLING CODE 4910-13-U