[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Rules and Regulations]
[Pages 21235-21237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8317]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29063; Directorate Identifier 2007-NM-049-AD; 
Amendment 39-15480; AD 2008-08-26]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Boeing Model 767 airplanes. This AD requires a one-time inspection to 
determine the material of the forward and aft gray water drain masts. 
For airplanes having composite gray water drain masts, this AD also 
requires installation of a ground bracket and a bonding jumper between 
a ground bracket and the clamp on the tube of the forward and aft gray 
water composite drain masts. This AD results from a report of charred 
insulation blankets and burned wires around the forward gray water 
composite drain mast found during an inspection of the forward cargo 
compartment. We are issuing this AD to prevent a fire near a composite 
drain mast and possible disruption of the electrical power system 
caused by a lightning strike on a composite drain

[[Page 21236]]

mast, which could result in the loss of several functions essential for 
safe flight.

DATES: This AD is effective May 27, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 27, 2008.

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: Nicholas Wilson, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6476; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
all Boeing Model 767 airplanes. That NPRM was published in the Federal 
Register on August 31, 2007 (72 FR 50276). That NPRM proposed to 
require a one-time inspection to determine the material of the forward 
and aft gray water drain masts. For airplanes having composite gray 
water drain masts, that NPRM also proposed to require installation of a 
ground bracket and a bonding jumper between a ground bracket and the 
clamp on the tube of the forward and aft gray water composite drain 
masts.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the single commenter.

Request To Remove Airplanes From the Applicability Statement of the 
Proposed AD

    Boeing requests that we revise the applicability statement of the 
NPRM to remove certain airplanes. Boeing states that Model 767 
airplanes beginning with line number 934 have a ground bracket and 
bonding jumper installed in production for both the forward and the aft 
composite gray water drain masts. Therefore, Boeing asserts that these 
airplanes should not be subject to this AD.
    We partially agree. For the reason stated by Boeing, we have 
determined that these airplanes should not be subject to this AD. 
However, we do not agree to revise the Applicability statement of this 
AD as suggested by Boeing. Instead, we have revised the Applicability 
statement of this final rule to state, ``This AD applies to Boeing 
Model 767-200, -300, -300F, and -400ER series airplanes, certificated 
in any category; as identified in Boeing Special Attention Service 
Bulletin 767-30-0047, dated January 25, 2007; and Boeing Special 
Attention Service Bulletin 767-30-0048, dated January 25, 2007.'' We 
have confirmed that the effectivities of these service bulletins match 
the applicability suggested by Boeing.

Explanation of Changes Made to This AD

    We have confirmed with the airplane manufacturer that the composite 
and aluminum drain mast can be interchangeable. Therefore, we have 
added a new paragraph (h), ``Parts Installation,'' to this final rule 
to prohibit installation of a composite gray water drain mast, unless a 
new ground bracket and bonding jumper are also installed, as specified 
in paragraph (g) of this AD. We have also re-identified subsequent 
paragraphs accordingly.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We also determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    There are about 86 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
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                                       Work     Average labor                                                   Number of U.S.-
              Action                  hours     rate per hour          Parts            Cost per airplane     registered airplanes       Fleet cost
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Inspection to determine gray water          1             $80  None.................  $80..................  41...................  $3,280.
 drain mast material.
Installation of bonding jumper....          4              80  Up to $654...........  Up to $974...........  Up to 41.............  Up to $39,934.
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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

    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

[[Page 21237]]

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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 FAA amends Sec.  39.13 by adding the following new AD:

2008-08-26 Boeing: Amendment 39-15480. Docket No. FAA-2007-29063; 
Directorate Identifier 2007-NM-049-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective May 27, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, -300F, and -
400ER series airplanes, certificated in any category; as identified 
in Boeing Special Attention Service Bulletin 767-30-0047, dated 
January 25, 2007; and Boeing Special Attention Service Bulletin 767-
30-0048, dated January 25, 2007.

Unsafe Condition

    (d) This AD results from a report of charred insulation blankets 
and burned wires around the forward gray water composite drain mast 
found during an inspection of the forward cargo compartment. We are 
issuing this AD to prevent a fire near a composite drain mast and 
possible disruption of the electrical power system caused by a 
lightning strike on a composite drain mast, which could result in 
the loss of several functions essential for safe flight.

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 To Determine Material of Gray Water Drain Mast

    (f) Within 60 months after the effective date of this AD, 
inspect the forward and aft gray water drain masts to determine 
whether the drain mast is made of aluminum or composite. A review of 
airplane maintenance records is acceptable in lieu of this 
inspection if the material of the forward and aft gray water drain 
masts can be conclusively determined from that review.
    (1) For any aluminum gray water drain mast identified during the 
inspection or records check required by paragraph (f) of this AD, no 
further action is required by this AD for that drain mast only.
    (2) For any composite gray water drain mast identified during 
the inspection or records check required by paragraph (f) of this 
AD, do the actions specified in paragraph (g) of this AD.

Installation of New Ground Bracket and Bonding Jumper

    (g) For any composite gray water drain mast identified during 
the inspection or records check required by paragraph (f) of this 
AD: Within 60 months after the effective date of this AD, install a 
bonding jumper between the new ground bracket and the clamp on the 
tube of the gray water composite drain mast, in accordance with the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 767-30-0047, dated January 25, 2007 (for Model 767-200, -
300, and -300F series airplanes); and Boeing Special Attention 
Service Bulletin 767-30-0048, dated January 25, 2007 (for Model 767-
400ER series airplanes).

Parts Installation

    (h) As of the effective date of this AD, no person may install, 
on any airplane, a composite gray water drain mast, unless a new 
ground bracket and bonding jumper are also installed, as specified 
in paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(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

    (j) You must use Boeing Special Attention Service Bulletin 767-
30-0047, dated January 25, 2007; or Boeing Special Attention Service 
Bulletin 767-30-0048, dated January 25, 2007; as applicable; to do 
the actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 
98124-2207.
    (3) You may review copies of the service information 
incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on April 7, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-8317 Filed 4-18-08; 8:45 am]
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