[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Proposed Rules]
[Pages 61378-61381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24579]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28035; Directorate Identifier 2006-NM-293-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

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

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

SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain Boeing Model 767 airplanes. The original NPRM would 
have required sealing certain fasteners and stiffeners in the fuel 
tank, and changing certain wire bundle clamp configurations on the fuel 
tank walls. The original NPRM resulted from fuel system reviews 
conducted by the manufacturer. This action revises the original NPRM by 
adding inspections, for certain airplanes, of additional fasteners in 
the fuel tanks and of the method of attachment of the vortex 
generators, and corrective action if necessary. We are proposing this 
supplemental NPRM to prevent possible ignition sources in the auxiliary 
fuel tank, main fuel tanks, and surge tanks caused by a wiring short or 
lightning strike, which could result in fuel tank explosions and 
consequent loss of the airplane.

DATES: We must receive comments on this supplemental NPRM by November 
10, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office

[[Page 61379]]

(telephone (800) 647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Judy Coyle, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6497; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
28035; Directorate Identifier 2006-NM-293-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We issued a notice of proposed rulemaking (NPRM) (the ``original 
NPRM'') to amend 14 CFR part 39 to include an airworthiness directive 
(AD) that would apply to certain Boeing Model 767 airplanes. That 
original NPRM was published in the Federal Register on April 30, 2007 
(72 FR 21166). That original NPRM proposed to require sealing certain 
fasteners and stiffeners in the fuel tank, and changing certain wire 
bundle clamp configurations on the fuel tank walls.

Actions Since Original NPRM Was Issued

    The NPRM referred to Boeing Alert Service Bulletins 767-57A0102, 
dated October 25, 2006, and 767-57A0100, dated August 21, 2006, as the 
appropriate sources of service information for the proposed 
requirements. Since we issued the NPRM, Boeing revised the service 
bulletins.
    Service Bulletin 767-57A0102, Revision 1, dated November 27, 2007, 
provides the following changes:
     Corrects the specified location of fasteners that must be 
sealed on the rear spar in the auxiliary fuel tank;
     Corrects the specified location of fasteners that must be 
sealed at rib 28 on the front spar;
     Adds work packages, for airplanes on which the original 
issue of the service bulletin was accomplished, for general visual 
inspections of the sealant of the fasteners in the auxiliary fuel tank 
center bay and the fasteners at rib 28 of the left and right main fuel 
tanks, and sealing any unsealed fasteners;
     Identifies additional access doors necessary for access to 
the fuel tanks; and
     Specifies permitted alternative fuel tank sealants.
    The new work packages are necessary because the original issue of 
this service bulletin specified incorrect locations for certain 
fasteners on the rear spar of the auxiliary fuel tank and the front 
spar of the main wing. If the correct fasteners are not sealed, there 
is a risk that arcing from a short can enter the fuel tank and become 
an ignition source. We have revised paragraphs (c) and (g) of this 
supplemental NPRM to refer to Revision 1 of the service bulletin.
    Service Bulletin 767-57A0100, Revision 1, dated June 19, 2008, adds 
procedures for certain airplanes (Group 3 airplanes) for a general 
visual inspection to determine the method of attachment of the vortex 
generators. For vortex generators attached with adhesive alone, no more 
work is necessary. For vortex generators attached with fasteners, the 
service bulletin provides procedures for sealing the fasteners.

Comments

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

Support for the NPRM

    Continental Airlines has no objection to the NPRM. The Air 
Transport Association (ATA) agrees with the intent of the NPRM. 
American Airlines understands and agrees with our efforts to prevent 
the identified unsafe condition.

Request for Warranty Coverage

    Hawaiian Airlines questions why Service Bulletin 767-57A0102 is not 
covered under warranty. The commenter states that the original 
equipment manufacturer (OEM) should cover the costs to do the required 
extra protection for fuel ignition shorts. The commenter added that 335 
work hours and about $2,000 for parts per airplane is very costly for 
airline operators.
    We have no involvement in warranty agreements between the airlines 
and the OEM. We have not changed the final rule regarding this issue.

Request To Extend Compliance Time

    The ATA and American Airlines request that we extend the proposed 
compliance time from 60 months to 72 months. The longer interval would 
minimize fuel tank entry and corresponds to the existing ``4C'' 
maintenance interval established by the Boeing 767 Maintenance Review 
Board (MRB), when significant maintenance (such as maintenance 
requiring fuel tank entry) is scheduled. The ATA states that the use of 
that interval would avoid the need to accomplish the proposed actions 
in portions of airline inventories during unique, unscheduled visits. 
American Airlines states that its cost to comply with the AD would be 7 
percent higher with the proposed 60-month compliance time (versus a 72-
month compliance time).
    While we agree that reducing fuel tank entries minimizes both the 
potential for damage and the disruption to operators' maintenance 
schedules, we find that extending the compliance time is not 
appropriate. In developing the compliance time for this AD action, we 
considered not only the safety implications of the identified unsafe 
condition, but the average utilization rate of the affected fleet, the 
practical aspects of accomplishing the AD on the fleet during regular 
maintenance periods, the availability of required parts, and the time 
necessary for the rulemaking process. The proposed compliance time was 
determined to be appropriate. However, paragraph (h) of this 
supplemental NPRM would provide operators the opportunity to request 
adjustments to the compliance time and submit data to substantiate that 
such an adjustment would provide an acceptable level of safety. We have 
not changed this supplemental NPRM regarding this issue.

Clarification of Inspection Type

    In this supplemental NPRM, the ``general visual inspection'' 
specified in Revision 1 of the referenced service information is 
referred to as a ``detailed inspection.'' We have included the 
definition for a detailed inspection in a note in the supplemental 
NPRM.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    We are proposing this supplemental NPRM because we evaluated all 
pertinent information and determined that an unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

[[Page 61380]]

Certain changes described above expand the scope of the original NPRM. 
As a result, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for the public to 
comment on this supplemental NPRM.

Costs of Compliance

    There are about 925 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this proposed AD. There are no U.S.-
registered airplanes in Group 3 of Service Bulletin 767-57A0102. The 
average labor rate is $80 per work hour.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                       Number of
                                               Work                         Cost per     U.S.-
        Service Bulletin           Group      hours           Parts         airplane  registered    Fleet cost
                                                                                       airplanes
----------------------------------------------------------------------------------------------------------------
767-57A0100....................          1          6  minimal...........       $480         341        $163,680
                                         2        114  minimal...........      9,120          21         191,520
                                         3          1  none..............         80          17           1,360
767-57A0102....................          1        246  1,632.............     21,312         341       7,267,392
                                         2        874  1,304.............     71,224          21       1,495,704
                                         3         24  338...............      2,258           0               0
----------------------------------------------------------------------------------------------------------------

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 determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify 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. 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, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

Boeing: Docket No. FAA-2007-28035; Directorate Identifier 2006-NM-
293-AD.

Comments Due Date

    (a) We must receive comments by November 10, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model 767-200, -300, -300F, and -400ER 
series airplanes; certificated in any category; as identified in 
Boeing Alert Service Bulletin 767-57A0100, Revision 1, dated June 
19, 2008; and Boeing Service Bulletin 767-57A0102, Revision 1, dated 
November 27, 2007.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent possible ignition 
sources in the auxiliary fuel tank, main fuel tanks, and surge tanks 
caused by a wiring short or lightning strike, which 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.

Fastener Sealant Application

    (f) For airplanes identified in Boeing Alert Service Bulletin 
767-57A0100, Revision 1, dated June 19, 2008: Within 60 months after 
the effective date of this AD, do the actions in paragraphs (f)(1) 
and (f)(2) of this AD. Do the actions in accordance with the 
Accomplishment Instructions of the service bulletin, as applicable.
    (1) For Groups 1 and 2 airplanes: Seal the ends of the fasteners 
on the brackets that hold the vortex generators, and seal the ends 
of the fasteners on certain stiffeners on the rear spar, as 
applicable.
    (2) For Group 3 airplanes: Do a detailed inspection to determine 
the method of attachment of the vortex generators, and, before 
further flight, do all applicable specified corrective actions.

Wire Bundle Sleeve and Clamp Installation and Fastener Sealant 
Application

    (g) For airplanes identified in Boeing Service Bulletin 767-
57A0102, Revision 1, dated November 27, 2007: Within 60 months after 
the effective date of this AD, do the actions specified in 
paragraphs (g)(1), (g)(2), and (g)(3) of this AD, as applicable. Do 
the actions in accordance with the Accomplishment Instructions of 
the service bulletin.
    (1) Change the wire bundle clamp configurations at specified 
locations on the fuel tank walls.
    (2) Seal the fasteners and certain stiffeners at specified 
locations on the fuel tank.
    (3) Do a detailed inspection of the sealant of the fasteners in 
the auxiliary tank center bay and rib 28 of the left and right main 
fuel tanks. Seal any unsealed fasteners before further flight.


[[Page 61381]]


    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, ATTN: Judy Coyle, Aerospace Engineer, ANM-140S, 1601 Lind 
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-
6497; fax (425) 917-6590; 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.

    Issued in Renton, Washington, on October 6, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-24579 Filed 10-15-08; 8:45 am]
BILLING CODE 4910-13-P