[Federal Register Volume 68, Number 18 (Tuesday, January 28, 2003)]
[Proposed Rules]
[Pages 4116-4118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1828]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 68, No. 18 / Tuesday, January 28, 2003 / 
Proposed Rules  

[[Page 4116]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-409-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Boeing Model 767-200, -300, and -
300F series airplanes, that would have required a one-time inspection 
for discrepancies of certain wire bundles in the forward cargo 
compartment, and corrective actions, if necessary. This new action 
revises the proposed rule by extending the compliance time and 
expanding the inspection area. The actions specified by this new 
proposed AD are intended to prevent damage to wire bundles, 
particularly those of the fuel quantity indication system (FQIS), which 
are located in the subject area. Damage of FQIS wires could cause 
arcing between those wires and power wires in the damaged wire bundle, 
and may lead to transmission of electrical energy into the fuel tank, 
which would result in a potential source of ignition in the fuel tank. 
This action is intended to address the identified unsafe condition.

DATES: Comments must be received by February 24, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-409-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. 2000-NM-409-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 the proposed rule 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.

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: 

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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 proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-409-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2000-NM-409-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain Boeing Model 767-200, -300, and -300F series airplanes, was 
published as a notice of proposed rulemaking (NPRM) in the Federal 
Register on October 26, 2001 (66 FR 54171). That NPRM proposed to 
require a one-time inspection for discrepancies of certain wire bundles 
in the forward cargo compartment, and corrective actions, if necessary. 
That NPRM was prompted by a report indicating that, prior to engine 
start-up on a Boeing Model 767 series airplane, several circuit 
breakers tripped and the flight crew observed unusual messages on the 
engine indication and crew alerting system display. An investigation 
revealed that numerous wires in certain wire bundles had melted and 
burned. The affected wire bundles were located on the ceiling of the 
forward cargo compartment, and had chafed. Wires for the fuel quantity 
indication system (FQIS), which penetrate the fuel tank, are routed 
through one of the wire bundles that was damaged in the reported 
incident. Damage of FQIS wires could cause arcing between those wires 
and power wires in the damaged wire bundle, and may lead to 
transmission of electrical energy into the fuel tank, which would 
result in a potential source of ignition in the fuel tank.

[[Page 4117]]

Actions Since Issuance of Previous Proposal

    Due consideration has been given to the comments received in 
response to the original NPRM. Some of the comments have resulted in 
changes to the original NPRM.

Support for the Original NPRM

    One operator supports the original NPRM.

Request for Revised Service Information

    One commenter, an operator, has identified three problems in Boeing 
Service Bulletin 767-24A0128, dated May 11, 2000, which was identified 
as the appropriate service information for the actions specified in the 
original NPRM. First, the Panduit strap does not fit into the cable 
spacer, as described in that service bulletin. Second, the specified 
0.5-inch clearance between the wire bundles and the cargo liner is 
impossible to achieve. Third, the cargo liner panel is mislabeled in 
Figure 1, Sheet 2, of the service bulletin.
    The FAA agrees. Boeing has revised the service bulletin, which the 
FAA has reviewed and approved. Boeing Service Bulletin 767-24A0128, 
Revision 2, dated May 23, 2002, addresses all of the commenter's 
concerns: The new Panduit straps will fit the cable spacers; the space 
requirements between the wire bundles and the cargo ceiling liner 
standoff have been revised to 0.25 inch for sleeving and 0.13 inch for 
sleeving and spacers; and Figure 1, Sheet 2, has been revised to 
identify the ``floor beam'' rather than the ``ceiling liner.'' The FAA 
has revised this supplemental NPRM to cite Revision 2 of the service 
bulletin as the appropriate service information for the proposed 
actions. Revision 2 of the service bulletin expands the inspection to 
include areas that were inadvertently omitted from the original service 
bulletin and Revision 1. Specifically, this supplemental NPRM would 
require inspection of wire bundles between right buttock line (RBL) 40 
and RBL 70. (The original NPRM proposed to require inspection of 
bundles between RBL 40 and RBL 54.)

Request To Revise Cost Estimate

    One commenter, an operator, recommends revising the Cost Impact 
section. Rather than 2 work hours to accomplish all the actions 
specified in the original NPRM, the commenter suggests that this figure 
be revised to 32 work hours per airplane, broken down as follows: 2 
work hours to access the area, 2 work hours to inspect the wire 
bundles, 26 work hours to protect the wire bundles (the commenter 
reports finding inadequate clearance on the wire bundles on nearly all 
its airplanes and is adding protection to the bundles on each 
airplane), and 2 work hours for restoration.
    The FAA partially agrees. Although moderating the clearance 
requirements (as described previously) would considerably reduce the 
time necessary to accomplish the corrective actions, only the 
inspection and clearance measurement of the wire bundles would actually 
be required by this supplemental NPRM. The economic analysis of an AD 
is limited to the cost of actions actually required by the rule. It 
does not consider the cost of conditional actions, which would be 
required to be accomplished--regardless of AD direction--to correct an 
unsafe condition identified on an airplane and to ensure operation of 
that airplane in an airworthy condition, as required by the Federal 
Aviation Regulations.

Request To Extend the Compliance Time

    Two commenters, both operators, request that the compliance time be 
extended from 15 months to 18 months. One operator states that an 18-
month compliance time would correspond to available maintenance 
opportunities for the fleet, based on the work-hour estimates, without 
compromising safety. The other operator requests that the compliance 
time reflect ATA ``Spec 111'' recommended guidelines for such non-
emergency-related safety issues, and suggests that an 18-month 
compliance time would coincide with regularly scheduled ``C'' check 
visits.
    The FAA agrees. In light of the revised work-hour estimates 
provided in Revision 2 of the service bulletin, the FAA finds that the 
proposed 18-month compliance time is more appropriate for the majority 
of operators to accomplish the corrective action that would be mandated 
by this supplemental NPRM and still ensure the safety of the fleet. 
This supplemental NPRM has been revised accordingly.

Request To Clarify Identity of Airplanes Subject to Inspection 
Requirement

    One commenter, an operator, requests that the proposed AD be 
revised to clarify that only the inspection is required and operators 
may choose to rework the wire bundles if ``deemed necessary.'' The 
commenter requests that the difference between the service bulletin 
instructions and the AD inspection requirements be clearly defined.
    The FAA partially agrees. The rework instructions in Revision 2 of 
the service bulletin correspond to the proposed requirements in this 
supplemental NPRM. However, the FAA disagrees with the request to 
require only the inspection of the wire bundles and to permit operators 
to determine whether corrective action is needed. The FAA finds that 
the need to rework the wire bundles is not a discretionary option for 
operators. If conditions exist that require the rework (as specified in 
this supplemental NPRM and clarified in Revision 2 of the service 
bulletin), then operators are required to comply with the rework 
requirements. The rework conditions proposed in this supplemental NPRM 
are the same as those recommended in Revision 2 of the service 
bulletin. No further change to this supplemental NPRM is necessary.

Conclusion

    Revision 2 of the service bulletin specifies additional areas to be 
inspected. Since this change expands the scope of the original NPRM, 
the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.

Difference Between Service Bulletin and Proposed AD

    The service bulletin recommends accomplishing the inspection ``at 
the earliest opportunity when manpower and facilities are available.'' 
However, the FAA has determined that such a compliance time will not 
ensure that operators address the unsafe condition in a timely manner. 
In developing an appropriate compliance time for this supplemental 
NPRM, we considered not only the manufacturer's recommendation, but the 
degree of urgency associated with addressing the subject unsafe 
condition, and the time necessary to accomplish the actions. In light 
of all of these factors, the FAA finds that an 18-month compliance time 
represents an appropriate length of time to allow affected airplanes to 
continue to be operated without compromising safety.

Clarification of Inspection Type

    While the service bulletin specifies that operators ``inspect'' 
(for chafing or damage of wire bundles), this supplemental NPRM would 
require a ``detailed inspection.'' The FAA has determined that the 
procedures as described in the service bulletin should be considered a 
detailed inspection. Note 2 has been revised in this supplemental NPRM 
to define this type of inspection.

[[Page 4118]]

Cost Impact

    There are approximately 774 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 303 airplanes of U.S. registry 
would be affected by this supplemental NPRM, that it would take 
approximately 2 work hours per airplane to accomplish the proposed 
inspection, and that the average labor rate is $60 per work hour. Based 
on these figures, the cost impact of this supplemental NPRM on U.S. 
operators is estimated to be $36,360, or $120 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this supplemental NPRM 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 proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Boeing: Docket 2000-NM-409-AD.
    Applicability: Model 767-200, -300, and -300F series airplanes; 
certificated in any category; as listed in Boeing Alert Service 
Bulletin 767-24A0128, Revision 2, dated May 23, 2002.

    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 prevent damage of wire bundles in the forward cargo 
compartment, particularly wires of the fuel quantity indication 
system (FQIS) installed in that area, which could cause arcing 
between the FQIS wires and power wires in the damaged wire bundle, 
lead to transmission of electrical energy into the fuel tank, and 
result in a potential source of ignition in the fuel tank, 
accomplish the following:

Inspection and Follow-on Actions

    (a) Within 18 months after the effective date of this AD, do a 
one-time detailed inspection to detect discrepancies of all wire 
bundles routed along the ceiling of the forward cargo compartment 
from station 368 through 742 at right buttock lines 40 through 70, 
according to the Accomplishment Instructions of Boeing Alert Service 
Bulletin 767-24A0128, Revision 2, dated May 23, 2002. Discrepancies 
include chafing or damage of wire bundles near stand-offs that 
attach the cargo ceiling liner to the floor beams.
    (1) Before further flight, repair any discrepancy, according to 
the Accomplishment Instructions of the service bulletin.
    (2) Before further flight, examine the clearance between the 
wire bundles in the forward cargo compartment and the cargo liner 
standoffs, according to the service bulletin.
    (i) If the clearance is greater than 0.25 inch: No further 
action is required by this AD.
    (ii) If the clearance is 0.25 inch or less: Before further 
flight, install sleeving, cable spacers, and straps, as applicable, 
according to the Accomplishment Instructions of the service 
bulletin.

    Note 2: For the purposes of this AD, a detailed 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.''

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 
Sec. Sec.  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.

    Issued in Renton, Washington, on January 22, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-1828 Filed 1-27-03; 8:45 am]
BILLING CODE 4910-13-P