[Federal Register Volume 74, Number 165 (Thursday, August 27, 2009)]
[Rules and Regulations]
[Pages 43621-43624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20274]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28035; Directorate Identifier 2006-NM-293-AD; 
Amendment 39-15998; AD 2009-18-02]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 767 airplanes. This AD requires sealing certain 
fasteners and stiffeners in the fuel tank, changing certain wire bundle 
clamp configurations on the fuel tank walls, inspecting certain 
fasteners in the fuel tanks and to determine the method of attachment 
of the vortex generators, and corrective action if necessary. 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

[[Page 43622]]

explosions and consequent loss of the airplane.

DATES: This AD becomes effective October 1, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of October 1, 
2009.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; 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: Douglas Bryant, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6505; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a supplemental notice of proposed rulemaking (NPRM) 
to amend 14 CFR part 39 to include an AD that would apply to certain 
Boeing Model 767 airplanes. That supplemental NPRM was published in the 
Federal Register on October 16, 2008 (73 FR 61378). That supplemental 
NPRM proposed to require sealing certain fasteners and stiffeners in 
the fuel tank, changing certain wire bundle clamp configurations on the 
fuel tank walls, inspecting additional fasteners in the fuel tanks and 
to determine the method of attachment of the vortex generators, and 
corrective action if necessary.

Comments

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

Support for the NPRM

    Boeing concurs with the contents of the NPRM.

Request for Final Rule To Include Reference to Supplemental Type 
Certificate (STC) ST01920SE

    Delta requests that the final rule include a reference to STC 
ST01920SE, dated October 15, 2008, which installs winglets on certain 
Boeing 767 airplanes that have similar fastener sealing requirements in 
coincidental locations defined in the proposed AD. Delta states that 
including the specific common areas of the referenced STC in the final 
rule would simplify compliance if the STC has already been 
incorporated, and also preclude de-modification if the STC is 
incorporated after the AD.
    We partially agree with the commenter's statement. The requirements 
for fasteners that penetrate the fuel tank are the same in both the STC 
and AD. We disagree with referencing the STC in the AD because there is 
insufficient information contained in the request to identify the 
specific areas that are common between the STC and AD. However, the 
commenter may formally request an approval for an alternative method of 
compliance, as provided by paragraph (h) of this AD, if the request 
includes more specific information to enable us to determine whether 
the proposed method would provide an adequate level of safety.

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 as proposed in the 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 AD. There are no U.S.-registered 
airplanes in Group 3 of Boeing Service Bulletin 767-57A0102. The 
average labor rate is $80 per work hour.

                                                 Estimated Costs
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                                                                                      Number of
                                                                          Cost per      U.S.-
   Boeing Service Bulletin        Group      Work 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
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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

[[Page 43623]]

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):

2009-18-02 Boeing: Amendment 39-15998. Docket No. FAA-2007-28035; 
Directorate Identifier 2006-NM-293-AD.

Effective Date

    (a) This AD becomes effective October 1, 2009.

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 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 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 in accordance with the Accomplishment Instructions 
of Boeing Service Bulletin 767-57A0100, Revision 1, dated June 19, 
2008, 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, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 767-57A0102, Revision 1, dated November 27, 2007.
    (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 in 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.

    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, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19. Send 
information to ATTN: Douglas Bryant, Aerospace Engineer, Propulsion 
Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 
Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
917-6505; fax (425) 917-6590.
    (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 the service information contained in Table 1 of 
this AD to do the actions required by this AD, unless the AD 
specifies otherwise.

               Table 1--Material Incorporated By Reference
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           Document              Revision               Date
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Boeing Service Bulletin 767-            01  November 27, 2007.
 57A0102.
Boeing Service Bulletin 767-            01  June 19, 2008.
 57A0100.
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     (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, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 
206-544-5000, extension 1; fax 206-766-5680; e-mail 
[email protected]; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference 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.


[[Page 43624]]


    Issued in Renton, Washington, on August 7, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-20274 Filed 8-26-09; 8:45 am]
BILLING CODE 4910-13-P