[Federal Register Volume 73, Number 219 (Wednesday, November 12, 2008)]
[Rules and Regulations]
[Pages 66738-66740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25308]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0344; Directorate Identifier 2007-NM-149-AD; 
Amendment 39-15701; AD 2008-22-06]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Boeing Model 767-200 and -300 series airplanes. This AD requires 
replacing the wire segments of the four Fuel Quantity Indicating System 
(FQIS) wire bundles with new, improved wire segments. This AD results 
from operator inspections of the FQIS wire bundles

[[Page 66739]]

that revealed corrosion at the connections between the ground wire and 
shield of each of the four FQIS wire bundles. We are issuing this AD to 
prevent this corrosion, which could reduce system protection of the 
lightning shield and result in 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 is effective December 17, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 17, 
2008.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207; telephone 206-544-9990; fax 206-766-5682; e-mail [email protected]; 
Internet https://www.myboeingfleet.com.

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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain Boeing Model 767-200 and -300 series airplanes. That NPRM was 
published in the Federal Register on December 19, 2007 (72 FR 71834). 
That NPRM proposed to require replacing the wire segments of the four 
Fuel Quantity Indicating System (FQIS) wire bundles with new, improved 
wire segments.

Comments

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

Request To Clarify the Scope of the NPRM

    Boeing asks that we clarify the scope of the NPRM with regard to a 
specific FQIS design that is affected by corrosion of the FQIS wire 
bundle. Boeing states that Boeing Alert Service Bulletin 767-28A0064, 
Revision 2, dated October 27, 2005 (referred to in the NPRM as the 
appropriate source of service information for accomplishing the 
specified actions), indicates that the NPRM is applicable only to 
airplanes on which the Honeywell system is installed; but the name of 
the affected system is not specified in the NPRM. Simmonds FQIS was 
installed on certain Model 767 airplanes in production; some airlines 
retrofitted their airplanes with the Simmonds system, but other 
airlines continue to use the Honeywell system. Boeing adds that the 
NPRM should apply only to airplanes on which the Honeywell system is 
installed.
    We acknowledge Boeing's concern that the airplanes affected by this 
AD should be clearly defined. However, the applicability specified in 
paragraph (c) of the NPRM already refers to the effectivity in Revision 
2 of the referenced service bulletin, which identifies affected 
airplanes as those having a Honeywell FQIS installed. Therefore, we 
have made no change to the AD in this regard.

Request To Add Credit Paragraph

    Boeing asks that we add a sub-paragraph to paragraph (g) of the 
NPRM to give credit for airplanes retrofitted with a Simmonds FQIS in 
accordance with Boeing Service Bulletin 767-28A0043, Revision 2, dated 
December 20, 2002. Boeing states that this action is also considered an 
acceptable means to comply with the NPRM.
    We do not agree with Boeing. The effectivity specified in Revision 
2 of Boeing Alert Service Bulletin 767-28A0064 states, in part, ``This 
service bulletin is for the airplanes with Honeywell FQIS . . .'' If 
the FQIS on the airplane has been changed to a Simmonds FQIS, it is no 
longer a Group 1 airplane, as identified in the effectivity of Boeing 
Alert Service Bulletin 767-28A0064, Revision 2, and is not affected by 
this AD. We have made no change to the AD in this regard.

Request To Clarify Costs of Compliance Section

    Boeing asks that we identify the origin of the number of affected 
airplanes specified in the Costs of Compliance section of the NPRM 
because Boeing is unable to verify the specified number. Boeing states 
that the referenced service bulletin lists the total number of affected 
airplanes with a Honeywell FQIS as 433.
    We acknowledge Boeing's comment and provide the following 
clarification. We determined the number of airplanes in the worldwide 
fleet by extracting the number from the fleet database. We agree with 
Boeing that the number of worldwide airplanes referenced in the ``Costs 
of Compliance'' section of the NPRM should agree with the number 
referenced in Boeing Alert Service Bulletin 767-28A0064, Revision 2, 
which was developed using Boeing's records of Model 767 airplanes 
equipped with a Honeywell FQIS. Changing the number of worldwide 
airplanes will not affect the cost estimate in the AD. Therefore, we 
have changed the number of affected worldwide airplanes to 433 in the 
``Costs of Compliance'' section below. The number of airplanes of U.S. 
registry remains the same.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed.

Costs of Compliance

    There are 433 airplanes of the affected design in the worldwide 
fleet. This AD affects about 169 airplanes of U.S. registry. The 
replacement takes about 42 work hours per airplane, at an average labor 
rate of $80 per work hour. Required parts will cost about $1,756 per 
airplane. Based on these figures, the estimated cost of the AD for U.S. 
operators is $864,604, or $5,116 per airplane.

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

[[Page 66740]]

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 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

    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:

    2008-22-06 Boeing: Amendment 39-15701. Docket No. FAA-2007-0344; 
Directorate Identifier 2007-NM-149-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective December 17, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200 and -300 series 
airplanes, certificated in any category; as identified in Boeing 
Alert Service Bulletin 767-28A0064, Revision 2, dated October 27, 
2005.

Unsafe Condition

    (d) This AD results from operator inspections of the Fuel 
Quantity Indicating System (FQIS) wire bundles that revealed 
corrosion at the connections between the ground wire and shield of 
each of the four FQIS wire bundles. We are issuing this AD to 
prevent this corrosion, which could reduce system protection of the 
lightning shield and result in 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.

Replacement

    (f) Within 36 months after the effective date of this AD: 
Replace the wire segments of the four FQIS wire bundles with new, 
improved wire segments, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-28A0064, Revision 
2, dated October 27, 2005.

Credit for Actions Done Using Previous Service Information

    (g) Actions accomplished before the effective date of this AD in 
accordance with Boeing Alert Service Bulletin 767-28A0064, Revision 
1, dated February 21, 2002, are considered acceptable for compliance 
with the corresponding actions specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, ATTN: Philip Sheridan, Aerospace Engineer, Systems and 
Equipment Branch, ANM-130S, FAA, Seattle ACO, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356; telephone (425) 917-6441; fax (425) 
917-6590; has the authority to approve AMOCs for this AD, if 
requested using 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

    (i) You must use Boeing Alert Service Bulletin 767-28A0064, 
Revision 2, dated October 27, 2005, 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; telephone 206-544-9990; fax 206-766-5682; e-mail 
[email protected]; Internet https://www.myboeingfleet.com.
    (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 October 9, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-25308 Filed 11-10-08; 8:45 am]
BILLING CODE 4910-13-P