[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Rules and Regulations]
[Pages 55755-55757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25916]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0314; Directorate Identifier 2008-NM-196-AD; 
Amendment 39-16066; AD 2009-22-13]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200, -300, -300F, and 
-400ER 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, -300, -300F, and -400ER series airplanes. This AD 
requires an inspection to determine if certain motor operated valve 
actuators for the fuel tanks are installed, and related investigative 
and corrective actions if necessary. This AD results from fuel system 
reviews conducted by the manufacturer. We are issuing this AD to 
prevent an ignition source inside the fuel tanks, which, in combination 
with flammable fuel vapors, could result in a fuel tank explosion and 
consequent loss of the airplane.

DATES: This AD is effective December 3, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 3, 
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

    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,-300, -300F, and -400ER series airplanes. 
That NPRM was published in the Federal Register on April 7, 2009 (74 FR 
15681). That NPRM proposed to require an inspection to determine if 
certain motor operated valve actuators for the fuel tanks are 
installed, and related investigative and corrective actions if 
necessary.

Comments

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

Request To Include an Additional Part Number for Serviceable MOV 
Actuators

    ABX Air asks that the NPRM include part number (P/N) MA30A1001 as a 
serviceable actuator acceptable for installation. ABX states that the 
NPRM would not allow serviceable actuators having part number MA30A1001 
to be installed. ABX adds that requiring installation of only new MOV 
actuators having P/N MA30A1001 would impose an undue burden on 
operators.
    We agree to include installation of serviceable MOV actuators 
having P/N MA30A1001 in this AD. The intent of the AD is to replace MOV 
actuators having P/N MA20A1001-1 with a new or serviceable replacement 
part. We have revised paragraph (h) of this AD to allow installation of 
serviceable MOV actuators having P/N MA30A1001.

Request To Include Revision 1 of the Reference Service Bulletin

    Boeing asks that paragraphs (c), (g)(1), (g)(2), and (h) of the 
NPRM be changed to include Revision 1 of Boeing Alert Service Bulletin 
767-28A0090, in addition to the original issue, dated July 3, 2008, 
referred to for the applicability and accomplishing the actions in the 
NPRM. Boeing states that operators will be burdened with tracking 
incorporation of Revision 1 as an alternative method of compliance if 
it is not included in the final rule.
    We do not agree to include Revision 1 of the referenced service 
bulletin in this AD, since a revision to Boeing Alert Service Bulletin 
767-28A0090, dated July 3, 2008, has not yet been issued. Boeing has 
informed us that the revision to Boeing Alert Service Bulletin 767-
28A0090, when issued, will not have additional work to be performed and 
will not expand the scope of the AD. Since Boeing Alert Service 
Bulletin 767-28A0090 is expected to be revised after issuance of this 
AD, we might consider approving the revised service bulletin as an 
alternative method of compliance (AMOC), as provided by paragraph 
(i)(1) of this AD.

Request To Revise the Costs of Compliance Section

    Boeing also asks that we consider revising the Costs of Compliance 
section specified in the NPRM to project more accurate cost estimates. 
Boeing states that the cost estimates do not seem accurate. Boeing adds 
that the parts costs for the replacement are substantial, and, when the 
replacement parts costs are added to the costs of labor, estimated 
work-hours, and the total number of airplanes affected, the cost 
estimates would be substantially higher than the estimate in the NPRM.
    We agree that the work-hours for the inspection should be higher 
than estimated in the NPRM. We have determined that it takes between 2 
and 4 work-hours to perform the inspection,

[[Page 55756]]

depending on airplane configuration. We have changed the Costs of 
Compliance section (below) to expand the work-hour estimate.
    We do not agree that the parts cost for replacement should be 
included. The data in the Costs of Compliance section are limited only 
to the cost of actions actually required by the AD. The cost analysis 
in AD rulemaking actions does not include the costs of ``on-condition'' 
actions (e.g., ``repair or replace, if necessary'') or replacement 
parts that are necessary when doing those on-condition actions. 
Regardless of AD direction, those actions would be required to correct 
an unsafe condition identified in an airplane and ensure operation of 
that airplane in an airworthy condition. Therefore, we have made no 
change to the AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments 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

    We estimate that this AD affects 397 airplanes of U.S. registry. We 
also estimate that it takes between 2 and 4 work-hours per product to 
comply with this AD. The average labor rate is $80 per work-hour. Based 
on these figures, we estimate the cost of this AD to the U.S. operators 
to be between $63,520 and $127,040, or between $160 and $320 per 
product.

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 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:

2009-22-13 Boeing: Amendment 39-16066. Docket No. FAA-2009-0314; 
Directorate Identifier 2008-NM-196-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective December 3, 
2009.

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 Alert Service Bulletin 767-28A0090, dated July 3, 2008.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent an ignition source 
inside the fuel tanks, which, in combination with flammable fuel 
vapors, could result in a fuel tank explosion and consequent loss of 
the airplane.

Compliance

    (e) Comply with this AD within the compliance times specified, 
unless already done.

Subject

    (f) Air Transport Association (ATA) of America Code 28: Fuel.

Inspection and Related Investigative/Corrective Actions

    (g) Within 60 months after the effective date of this AD, do the 
actions in paragraphs (g)(1) and (g)(2) of this AD.
    (1) Inspect the motor operated valves (MOVs) in the main and 
center fuel tanks to determine if any MOV having part number (P/N) 
MA20A1001-1 is installed, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-28A0090, dated 
July 3, 2008. A review of airplane maintenance records is acceptable 
in lieu of this inspection if the part number can be conclusively 
determined from that review.
    (2) Do all applicable related investigative and corrective 
actions specified in and in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-28A0090, dated 
July 3, 2008, except as provided by paragraph (h) of this AD.

Alternative Part Numbers

    (h) Where Boeing Alert Service Bulletin 767-28A0090, dated July 
3, 2008, specifies replacing any actuator having P/N MA20A1001-1 
with a new actuator having P/N MA30A1001, a serviceable actuator 
having any of the following part numbers is also acceptable as a 
replacement part: MA30A1001; MA20A2027 (S343T003-56); MA11A1265-1 
(S343T003-41); or AV-31-1 (S343T003-111).

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using 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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (j) You must use Boeing Alert Service Bulletin 767-28A0090, 
dated July 3, 2008, to

[[Page 55757]]

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, 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.

    Issued in Renton, Washington, on October 19, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-25916 Filed 10-28-09; 8:45 am]
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