[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Rules and Regulations]
[Pages 68515-68518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30420]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1195; Directorate Identifier 2009-NM-152-AD; 
Amendment 39-16145; AD 2008-11-01 R1]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 767-200, -300, 
-300F, and -400ER Series Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is revising an existing airworthiness directive (AD), 
which applies to certain Model 767-200, -300, -300F, and -400ER series 
airplanes. That AD currently requires revising the FAA-approved 
maintenance program to incorporate new airworthiness limitations (AWLs) 
for fuel tank systems to satisfy Special Federal Aviation Regulation 
No. 88 requirements. That AD also requires an initial inspection to 
phase in certain repetitive AWL inspections, and repair if necessary. 
This AD clarifies the intended effect of the AD on spare and on-
airplane fuel tank system components. This AD results from a design 
review of the fuel tank systems. We are issuing this AD to prevent the 
potential for ignition sources inside fuel tanks caused by latent 
failures, alterations, repairs, or maintenance actions, 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 January 12, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of January 12, 
2010.
    On June 25, 2008 (73 FR 29414, May 21, 2008), the Director of the 
Federal Register approved the incorporation by reference of a certain 
other publication listed in the AD.
    We must receive any comments on this AD by February 26, 2010.

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, 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 street address for 
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Douglas Bryant, Aerospace Engineer, 
Propulsion Branch, ANM-140S, Seattle Aircraft Certification Office, 
FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6505; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    On May 8, 2008, we issued AD 2008-11-01, Amendment 39-15523 (73 FR 
29414, May 21, 2008). That AD applied to certain Model 767-200, -300, -
300F, and -400ER series airplanes. That AD required revising the FAA-
approved maintenance program to incorporate new airworthiness 
limitations (AWLs) for fuel tank systems to satisfy Special Federal 
Aviation Regulation No. 88 requirements. That AD also required an 
initial inspection to phase in certain repetitive AWL inspections, and 
repair if necessary. That AD resulted from a design review of the fuel 
tank systems. The actions specified in that AD are intended to prevent 
the potential for ignition sources inside fuel tanks caused by latent 
failures, alterations, repairs, or maintenance actions, which, in 
combination with flammable fuel vapors, could result in a fuel tank 
explosion and consequent loss of the airplane.
    Critical design configuration control limitations (CDCCLs) are 
limitation requirements to preserve a critical ignition source 
prevention feature of the fuel tank system design that is necessary to 
prevent the occurrence of an unsafe condition. The purpose of a CDCCL 
is to provide instruction to retain the critical ignition source 
prevention feature during configuration change that may be caused by 
alterations, repairs, or maintenance actions. A CDCCL is not a periodic 
inspection.

Actions Since AD Was Issued

    Since we issued that AD, we have determined that it is necessary to 
clarify the AD's intended effect on spare and on-airplane fuel tank 
system components, regarding the use of maintenance manuals and 
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR 
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has 
been issued that contains an airworthiness limitation section unless 
the mandatory * * * procedures * * * have been complied with.


[[Page 68516]]


Some operators have questioned whether existing components affected by 
the new CDCCLs must be reworked. We did not intend for the AD to 
retroactively require rework of components that had been maintained 
using acceptable methods before the effective date of the AD. Owners 
and operators of the affected airplanes therefore are not required to 
rework affected components identified as airworthy or installed on the 
affected airplanes before the required revisions of the FAA-approved 
maintenance program. But once the CDCCLs are incorporated into the FAA-
approved maintenance program, future maintenance actions on components 
must be done in accordance with those CDCCLs.

Relevant Service Information

    AD 2008-11-01 cites Section 9 of the Boeing 767 Maintenance 
Planning Data (MPD) Document, D622T001-9, Revision April 2008. Since we 
issued that AD, Boeing has revised the referenced service information. 
We have reviewed Section 9 of the Boeing 767 MPD Document, D622T001-9, 
Revision May 2009. The changes included in Subsection D of Section 9 of 
the Boeing 767 MPD Document, D622T001-9, Revision May 2009, are for 
clarification only, and either Revision April 2008 or Revision May 2009 
of the Boeing 767 MPD Document are acceptable. There are no changes to 
Subsection E of Section 9 in Revision May 2009 of the Boeing 767 MPD 
Document.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or 
develop on other airplanes of the same type design. For this reason, we 
are issuing this AD to revise AD 2008-11-01. This new AD retains the 
requirements of the existing AD, and adds a new note to clarify the 
intended effect of the AD on spare and on-airplane fuel tank system 
components. We have renumbered subsequent notes accordingly.

Explanation of Changes Made to This Proposed AD

    We have revised this AD to identify the correct legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Explanation of Additional Changes to AD

    AD 2008-11-01 allowed the use of alternate CDCCLs if they are part 
of a later revision of the Boeing 767 MPD Document, D622T001-9, 
Revision April 2008. That provision has been removed from this AD. 
Allowing the use of ``a later revision'' of specific service documents 
violates Office of the Federal Register regulations for approving 
materials that are incorporated by reference. Affected operators, 
however, may request approval to use an alternative CDCCL that is part 
of a later revision of the referenced service documents as an 
alternative method of compliance, under the provisions of paragraph (k) 
of this AD.

Costs of Compliance

    This revision imposes no additional economic burden. The current 
costs for this AD are repeated for the convenience of affected 
operators, as follows:
    There are about 824 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs, at 
an average labor rate of $80 per work hour, for U.S. operators to 
comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                  Number of U.S.-
            Action               Work hours          Parts           Cost  per      registered      Fleet cost
                                                                     airplane        airplanes
----------------------------------------------------------------------------------------------------------------
Maintenance program revision.               8  None.............            $640             332        $212,480
Inspections..................               8  None.............            $640             332        $212,480
----------------------------------------------------------------------------------------------------------------

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change 
to the AD's requirements. For this reason, it is found that notice and 
opportunity for prior public comment for this action are unnecessary, 
and good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2009-1195; Directorate Identifier 2009-NM-152-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this 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 AD.

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 responsibilities among the various levels of government.

[[Page 68517]]

    For the reasons discussed above, I certify that the 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.
    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 part 39 of the Federal Aviation Regulations (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 removing Amendment 39-15523 (73 FR 
29414, May 21, 2008) and adding the following new AD:

2008-11-01 R1 The Boeing Company: Amendment 39-16145. Docket No. 
FAA-2009-1195; Directorate Identifier 2009-NM-152-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective January 12, 
2010.

Affected ADs

    (b) This AD revises AD 2008-11-01, Amendment 39-15523.

Restatement of Requirements of AD 2008-11-01, With Revised Compliance 
Method

Applicability

    (c) This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category; 
with an original standard airworthiness certificate or original 
export certificate of airworthiness issued before April 22, 2006.

    Note 1:  Airplanes with an original standard airworthiness 
certificate or original export certificate of airworthiness issued 
on or after April 22, 2006, must already be in compliance with the 
airworthiness limitations specified in this AD because those 
limitations were applicable as part of the airworthiness 
certification of those airplanes.


    Note 2:  This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance (AMOC) 
according to paragraph (k) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.

Unsafe Condition

    (d) This AD results from a design review of the fuel tank 
systems. We are issuing this AD to prevent the potential for 
ignition sources inside fuel tanks caused by latent failures, 
alterations, repairs, or maintenance actions, which, in combination 
with flammable fuel vapors, could result in a fuel tank explosion 
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.

Service Information Reference

    (f) The term ``Revision April 2008 of the MPD,'' as used in this 
AD, means Section 9 of the Boeing 767 Maintenance Planning Data 
(MPD) Document, D622T001-9, Revision April 2008. The term ``Revision 
May 2009 of the MPD,'' as used in this AD, means Section 9 of the 
Boeing 767 Maintenance Planning Data (MPD) Document D622T001-9, 
Revision May 2009.

Maintenance Program Revision

    (g) Before December 16, 2008, revise the FAA-approved 
maintenance program by incorporating the information in the 
subsections specified in paragraphs (g)(1) and (g)(2) of this AD; 
except that the initial inspections specified in Table 1 of this AD 
must be done at the compliance times specified in Table 1 of this 
AD; and except that the task interval for AWL No. 28-AWL-05 is 72 
months.
    (1) Subsection D, ``AIRWORTHINESS LIMITATIONS--SYSTEMS,'' of 
Revision April 2008 or Revision May 2009 of the MPD.
    (2) Subsection E, ``PAGE FORMAT: FUEL SYSTEMS AIRWORTHINESS 
LIMITATIONS,'' AWLs No. 28-AWL-01 through No. 28-AWL-26 inclusive, 
of Revision April 2008 or Revision May 2009 of the MPD. As an 
optional action, AWLs No. 28-AWL-27 and No. 28-AWL-28, as identified 
in Subsection E of Revision April 2008 or Revision May 2009 of the 
MPD, also may be incorporated into the FAA-approved maintenance 
program.

Initial Inspections and Repair if Necessary

    (h) Do the inspections specified in Table 1 of this AD at the 
compliance time specified in Table 1 of this AD, and repair any 
discrepancy, in accordance with Subsection D, ``AIRWORTHINESS 
LIMITATIONS--SYSTEMS,'' of Revision April 2008 or Revision May 2009 
of the MPD. The repair must be done before further flight. 
Accomplishing the inspections identified in Table 1 of this AD as 
part of an FAA-approved maintenance program before the applicable 
compliance time specified in Table 1 of this AD constitutes 
compliance with the requirements of this paragraph.

    Note 3:  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.''


    Note 4:  For the purposes of this AD, a special detailed 
inspection is: ``An intensive examination of a specific item, 
installation, or assembly to detect damage, failure, or 
irregularity. The examination is likely to make extensive use of 
specialized inspection techniques and/or equipment. Intricate 
cleaning and substantial access or disassembly procedure may be 
required.''


[[Page 68518]]



                      Table 1--Initial Inspections
------------------------------------------------------------------------
                                           Compliance time (whichever
                                                  occurs later)
       AWL No.           Description   ---------------------------------
                                           Threshold       Grace period
------------------------------------------------------------------------
28-AWL-01............  A detailed       Within 144       Within 72
                        inspection of    months since     months after
                        external wires   the date of      June 25, 2008
                        over the         issuance of      (the effective
                        center fuel      the original     date AD 2008-
                        tank for         standard         11-01).
                        damaged          airworthiness
                        clamps, wire     certificate or
                        chafing, and     the date of
                        wire bundles     issuance of
                        in contact       the original
                        with the         export
                        surface of the   certificate of
                        center fuel      airworthiness.
                        tank.
28-AWL-05............  A special        Within 72        Within 60
                        detailed         months since     months after
                        inspection of    the date of      June 25, 2008.
                        the bulkhead     issuance of
                        fitting bond     the original
                        for the          standard
                        hydraulic line   airworthiness
                        tank             certificate or
                        penetration.     the date of
                                         issuance of
                                         the original
                                         export
                                         certificate of
                                         airworthiness.
28-AWL-18............  A special        Within 144       Within 24
                        detailed         months since     months after
                        inspection of    the date of      June 25, 2008.
                        the lightning    issuance of
                        shield to        the original
                        ground           standard
                        termination on   airworthiness
                        the out-of-      certificate or
                        tank fuel        the date of
                        quantity         issuance of
                        indicating       the original
                        system to        export
                        verify           certificate of
                        functional       airworthiness.
                        integrity.
28-AWL-26............  A special        Within 144       Within 24
                        detailed         months since     months after
                        inspection of    the date of      June 25, 2008.
                        the lightning    issuance of
                        shield to        the original
                        ground           standard
                        termination on   airworthiness
                        the out-of-      certificate or
                        tank surge       the date of
                        tank fuel        issuance of
                        level sensor     the original
                        to verify        export
                        functional       certificate of
                        integrity.       airworthiness.
------------------------------------------------------------------------

No Alternative Inspections, Inspection Intervals, or Critical Design 
Configuration Control Limitations (CDCCLs)

    (i) After accomplishing the actions specified in paragraphs (g) 
and (h) of this AD, no alternative inspections, inspection 
intervals, or CDCCLs may be used unless the inspections, intervals, 
or CDCCLs are approved as an AMOC, in accordance with the procedures 
specified in paragraph (k) of this AD.

Credit for Actions Done According to Previous Revisions of the MPD

    (j) Actions done before June 25, 2008, in accordance with 
Section 9 of the Boeing 767 Maintenance Planning Data (MPD) 
Document, D622T001-9, Revision March 2006; Revision October 2006; 
Revision January 2007; Revision October 2007; or Revision March 
2008; are acceptable for compliance with the corresponding 
requirements of paragraphs (g) and (h) of this AD.

New Information

Explanation of CDCCL Requirements

    Note 5:  Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the FAA-
approved maintenance program, as required by paragraph (g) of this 
AD, do not need to be reworked in accordance with the CDCCLs. 
However, once the FAA-approved maintenance program has been revised, 
future maintenance actions on these components must be done in 
accordance with the CDCCLs.

Alternative Methods of Compliance (AMOCs)

    (k)(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, Seattle ACO, FAA, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 917-6505; fax (425) 917-6590. Or, e-mail 
information to [email protected].
    (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.
    (3) AMOCs approved previously in accordance with AD 2008-11-01, 
Amendment 39-15523, are approved as AMOCs for the corresponding 
provisions of this AD.

Material Incorporated by Reference

    (l) You must use Section 9 of the Boeing 767 Maintenance 
Planning Data (MPD) Document, D622T001-9, Revision April 2008; or 
Section 9 of the Boeing 767 Maintenance Planning Data (MPD) 
Document, D622T001-9, Revision May 2009; 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 Section 9 of the Boeing 767 
Maintenance Planning Data (MPD) Document, D622T001-9, Revision May 
2009, under 5 U.S.C. 552(a) and 1 CFR Part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Section 9 of the Boeing 767 
Maintenance Planning Data (MPD) Document, D622T001-9, Revision April 
2008, on June 25, 2008 (73 FR 29414, May 21, 2008).
    (3) 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.
    (4) 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.
    (5) 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 December 11, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-30420 Filed 12-24-09; 8:45 am]
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