[Federal Register Volume 72, Number 220 (Thursday, November 15, 2007)]
[Rules and Regulations]
[Pages 64132-64135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21993]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28376; Directorate Identifier 2007-NM-108-AD; 
Amendment 39-15255; AD 2007-23-09]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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[[Page 64133]]

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 767-200, -300, and -300F series airplanes. This AD 
requires a one-time inspection of each fuel quantity indication system 
(FQIS) wire harness connector for corrosion of the shield-to-backshell 
connection, corrosion on the ground jumper, and damage to the ground 
jumper; a loop resistance test of each FQIS wire harness; and related 
investigative and corrective actions if necessary. This AD results from 
reports of corrosion of the out-tank wire harness of the spar connector 
backshell for the FQIS. We are issuing this AD to detect and correct 
corrosion of the out-tank wire harness, which could prevent correct 
grounding of the lightning shield and result in total loss of the 
electrical grounding between the lightning shield and the airplane 
structure. This condition, in combination with flammable fuel vapors, 
could result in fuel tank explosions and consequent loss of the 
airplane.

DATES: This AD becomes effective December 20, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 20, 
2007.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Philip Sheridan, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone (425) 917-6441; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Boeing Model 
767-200, -300, and -300F series airplanes. That NPRM was published in 
the Federal Register on June 20, 2007 (72 FR 33926). That NPRM proposed 
to require a one-time inspection of each fuel quantity indication 
system (FQIS) wire harness connector for corrosion of the shield-to-
backshell connection, corrosion on the ground jumper, and damage to the 
ground jumper; a loop resistance test of each FQIS wire harness; and 
related investigative and corrective actions if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Requests To Revise Compliance Threshold

    Florida West International Airways requests that we revise the 
compliance threshold from 48 months to 60 months in order to ``stay 
standard with'' the compliance time for Boeing special attention 
service bulletins.
    An anonymous private citizen notes that corrosion gets worse over 
time, so it is appropriate to give a longer compliance threshold to 
newer aircraft. The commenter suggests maintaining the 48-month 
threshold for airplanes that have 12 or more years' time-in-service, 
and revising the compliance threshold to 16 years from airplane 
delivery for airplanes that have less than 12 years' time-in-service.
    We do not agree with the requests to revise the compliance 
threshold. In Boeing Special Attention Service Bulletin 767-28-0087, 
dated February 5, 2007, the manufacturer recommended that the 
inspections begin within 48 months after the release of the service 
bulletin. Although Boeing might have a standard compliance threshold 
for special attention service bulletins, that threshold can change 
based upon the nature of a given unsafe condition.
    In addition, the goal of the inspection at the 48-month threshold 
is to detect and correct any corrosion in the affected area, and to do 
all applicable actions to prevent it from happening in the future. 
While it is true that corrosion worsens over time, we consider it 
inappropriate to allow airplanes to fly for up to 16 years with the 
potential for corrosion to continue to progress in this area.
    In developing an appropriate compliance time for this AD, we 
considered the serious nature of the unsafe condition as well as the 
recommendations of the manufacturer, the availability of any necessary 
repair parts, and the practical aspect of accomplishing the required 
inspection within an interval of time that corresponds to the normal 
maintenance schedules of most affected operators. In light of these 
factors, we have determined that the 48-month initial compliance 
threshold, as proposed, is appropriate. We do not find it necessary to 
change the AD in this regard. However, under the provisions of 
paragraph (g) of the final rule, we will consider requests for 
adjustments to the compliance time if data are submitted to 
substantiate that such an adjustment would provide an acceptable level 
of safety.

Request To Revise Note 1 of the NPRM Regarding Cinch Service Bulletin

    Boeing requests that we revise Note 1 of the NPRM and the Relevant 
Service Information section of the NPRM to remove the words ``* * * and 
replacing the wire harness,'' in reference to the procedures in Cinch 
Service Bulletin CN1156-28-02, Revision C, dated July 31, 2006. Boeing 
explains that the Cinch service bulletin does not contain information 
about replacing the wire harness; that information is in Boeing Special 
Attention Service Bulletin 767-28-0087.
    Boeing also requests that we remove the date and revision level 
from the reference to the Cinch service bulletin. Boeing states that a 
date is not appropriate because Boeing Special Attention Service 
Bulletin 767-28-0087 does not specify a date when it refers to the 
Cinch service bulletin. In addition, Boeing points out that the Cinch 
service bulletin could be revised by the time the AD is issued, and the 
information would then be out of date.
    We agree with the request to remove the words ``* * * and replacing 
the wire harness,'' from Note 1 of the NPRM for the reasons provided.
    We also agree with the request to remove the date and revision 
level from the Cinch service bulletin identified in Note 1 of the NPRM. 
It is our general practice, as specified by the Office of the Federal 
Register, to put a date and revision level (if applicable) on all 
documents incorporated by reference into an AD. However, in this case, 
the Cinch service bulletin is described only in a note, and therefore 
it is not incorporated by reference into the AD. Therefore, it is not 
necessary for us to put a date on documents that we refer to only in a 
note, though in most cases a date is appropriate or important.
    We have revised Note 1 of the final rule to make the requested 
changes. However, since the Relevant Service Information section of the 
NPRM does

[[Page 64134]]

not reappear in the final rule, no other change to the final rule is 
necessary.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the change described previously. 
We have determined that this change will neither increase the economic 
burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 482 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     Number of U.S.-
                Action                    Work hours      Average labor       Cost per  airplane        registered                Fleet cost
                                                          rate per hour                                 airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Detailed inspection..................  1...............              $80  $80......................              202  $16,160
Loop resistance test.................  2 to 3..........              $80  $160 to $240.............              202  $32,320 to $48,480
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2007-23-09 Boeing: Amendment 39-15255. Docket No. FAA-2007-28376; 
Directorate Identifier 2007-NM-108-AD.

Effective Date

    (a) This AD becomes effective December 20, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, and -300F 
series airplanes, certificated in any category; as identified in 
Boeing Special Attention Service Bulletin 767-28-0087, dated 
February 5, 2007.

Unsafe Condition

    (d) This AD results from reports of corrosion of the out-tank 
wire harness of the spar connector backshell for the fuel quantity 
indication system (FQIS). We are issuing this AD to detect and 
correct corrosion of the out-tank wire harness, which could prevent 
correct grounding of the lightning shield and result in total loss 
of the electrical grounding between the lightning shield and the 
airplane structure. This condition, in combination with flammable 
fuel vapors, could result in fuel tank explosions and consequent 
loss of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection, Test, and Related Investigative and Corrective Actions

    (f) Within 48 months after the effective date of this AD, do the 
actions in paragraphs (f)(1) and (f)(2) of this AD, and do all 
applicable related investigative and corrective actions, by 
accomplishing all the actions specified in the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 767-28-
0087, dated February 5, 2007. Do all applicable related 
investigative and corrective actions before further flight.
    (1) A detailed inspection of each FQIS wire harness connector 
for corrosion of the shield-to-backshell connection, corrosion on 
the ground jumper, and damage to the ground jumper.
    (2) A loop resistance test of each FQIS wire harness.

    Note 1: Boeing Special Attention Service Bulletin 767-28-0087, 
dated February 5, 2007, refers to Cinch Service Bulletin CN1156-28-
02 as an additional source of service information for installing a 
backshell and assembly upgrade kit.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Seattle Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Material Incorporated by Reference

    (h) You must use Boeing Special Attention Service Bulletin 767-
28-0087, dated

[[Page 64135]]

February 5, 2007, to perform the actions that are required by this 
AD, unless the AD specifies otherwise. The Director of the Federal 
Register approved the incorporation by reference of this document in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing 
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, 
for a copy of this service information. You may review copies at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on November 2, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-21993 Filed 11-14-07; 8:45 am]
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