[Federal Register Volume 75, Number 59 (Monday, March 29, 2010)]
[Rules and Regulations]
[Pages 15322-15325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5856]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0978; Directorate Identifier 2008-NM-014-AD; 
Amendment 39-16234; AD 2010-06-10]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 767-200, -300, 
and -300F 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 
Model 767-200, -300, and -300F series airplanes. For certain airplanes, 
this AD requires installing support hardware and modifying the 
interfacing wiring of the fuel quantity indicating system (FQIS) 
densitometer. For certain other airplanes, this AD requires replacing 
the existing hot short protector (HSP) on the FQIS densitometer with a 
new HSP. This AD also requires revising the Airworthiness Limitations 
(AWL) section of the Instructions for Continued Airworthiness to 
incorporate AWL No. 28-AWL-22. This AD results from fuel system reviews 
conducted by the manufacturer. We are issuing this AD to prevent the 
center tank fuel densitometer from overheating and becoming a potential 
ignition source inside the center fuel tank, which, in combination with 
flammable fuel vapors, could result in a center fuel tank explosion and 
consequent loss of the airplane.

DATES: This AD is effective May 3, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 3, 2010.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data

[[Page 15323]]

& 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: Georgios Roussos, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6482; 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 Model 767-200, -300, and -300F series airplanes. That NPRM was 
published in the Federal Register on July 2, 2009 (74 FR 31640). For 
certain airplanes, that NPRM proposed to require modifying the fuel 
quantity indicating system (FQIS) densitometer. For certain other 
airplanes, that NPRM proposed to require replacing the existing hot 
short protector (HSP) on the FQIS densitometer with a new HSP. That 
NPRM also proposed to require revising the Airworthiness Limitations 
(AWL) section of the Instructions for Continued Airworthiness to 
incorporate AWL No. 28-AWL-22.

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 technical objection to the NPRM.

Request To Clarify Certain Language

    Boeing asks that we clarify certain language in the Summary section 
of the NPRM, and notes that the fuel quantity indicating system (FQIS) 
densitometer is not being modified as specified in that section. Boeing 
states that the proposed actions are for the installation of 
appropriate support hardware and modifications to the densitometer 
interfacing wiring to install an HSP, or to replace the HSP in a 
limited number of airplanes.
    We agree with the Boeing comment. We specified in the Relevant 
Service Information section of the NPRM that the service bulletin 
describes procedures for modifying the FQIS densitometer, which include 
installing new HSP support brackets and grounding brackets, installing 
an HSP and bonding jumper, rerouting certain wire bundles, and 
installing new wire bundles. These actions are described in Boeing 
Service Bulletin 767-28A0094, Revision 1, dated April 23, 2009 
(referred to in the NPRM as the appropriate source of service 
information for accomplishing the actions). However, after further 
review we have determined that using the phrase ``modifying the FQIS 
densitometer'' is too broad. Therefore, for clarification, we have 
changed that language in the Summary section and paragraph (f) of this 
AD to specify ``installing support hardware and modifying the 
interfacing wiring of the FQIS densitometer.''

Clarification of HSP Replacement

    Boeing also states, for information only, that there are no safety-
related concerns regarding use of the existing HSP. Boeing notes that 
an operator can choose to replace the existing HSP with a new HSP if it 
experiences in-service problems with the HSP. Boeing adds that it plans 
to revise Service Bulletin 767-28A0094, Revision 1, dated April 23, 
2009, to remove the only airplane in Group 4; the procedures for Group 
4 airplanes require replacement of the existing HSP with a new HSP.
    We acknowledge the Boeing comment; no change to the AD is necessary 
in this regard.

Request To Extend Compliance Time

    The Air Transport Association (ATA), on behalf of its member 
American Airlines (AAL), asks that the compliance time in the NPRM be 
extended from 60 to 72 months. ATA states that this would allow 
operators to modify the majority of airplanes during scheduled heavy 
maintenance visits. ATA adds that the Boeing 767 Maintenance Review 
Board document recommends heavy maintenance visits at intervals of 72 
months, and carrier maintenance programs, facilities, and resources are 
organized to best support maintenance involving fuel tank entry and 
sensitive testing at that time. ATA notes that a shorter compliance 
time could require establishing dedicated modification lines and impose 
additional impact outside of Part 39 rulemaking. ATA believes that an 
extension would maintain an acceptable level of safety in view of 
previous ADs that addressed the same unsafe condition. AAL further 
states that 28-AWL-22 will now require a loop resistance check of the 
new wire bundles after installation in order to verify the bonding 
requirements are being met. Because of the extreme sensitivity of the 
test equipment, AAL believes that this modification should be 
accomplished at the same time as the majority of other fuel tank 
inspections and modifications, which would be at the heavy check.
    We do not agree with the commenters' request. In developing an 
appropriate compliance time for the modification, we considered the 
safety implications and the practical aspect of accomplishing the 
modification within a period of time that corresponds to the normal 
scheduled maintenance for most affected operators. In consideration of 
these items, we have determined that a 60-month compliance time will 
ensure an acceptable level of safety and allow the modification to be 
done during scheduled maintenance intervals for most affected 
operators. However, under the provisions of paragraph (k)(1) of the AD, 
we will consider requests to adjust the compliance time if sufficient 
data are submitted to substantiate that the new compliance time would 
provide an acceptable level of safety. We have made no change to the AD 
in this regard.

Request To Exclude Cargo-Only Airplanes

    The ATA, on behalf of its member UPS, asks that all cargo-only 
airplanes currently in operation be exempt from the NPRM requirements. 
ATA adds that these airplanes have significantly less exposure to 
flammable conditions in fuel tanks. UPS notes that changing the 
maintenance programs to add bonding checks will be sufficient to 
address the HSP issue in the existing cargo-only airplanes. UPS states 
that it does not object to new cargo-only airplanes having the HSP 
installed.
    We do not agree with the commenters' request. The unsafe condition 
identified in this AD has been evaluated under the criteria established 
for conditions associated with fuel tank systems, as specified in the 
``Discussion'' section of the NPRM. We determined that the actions 
identified in this AD are necessary to reduce the potential of

[[Page 15324]]

ignition sources inside the center wing tank. The center wing tank has 
been identified as a high flammability tank under the Special Federal 
Aviation Regulation No. 88 (``SFAR 88,'' Amendment 21-78, and 
subsequent Amendments 21-82 and 21-83), fuel tank safety assessments, 
and the failure type and fuel tank exposure to flammable conditions 
were taken into consideration. The type of failure that is addressed in 
this AD cannot be mitigated by performing bonding checks. Cargo-only 
airplanes having the same design are still subject to the unsafe 
condition. We have made no change to the AD in this regard.
    UPS adds that the cost benefit (analysis) does not justify retrofit 
on current cargo airplanes.
    We infer that UPS means that the cost benefit (analysis) does not 
justify retrofit on current cargo airplanes; we do not agree. The data 
in the Costs of Compliance section (below) is 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 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, as required by the Federal 
Aviation Regulations. Therefore, we have made no change to the AD in 
this regard.

Clarification to Final Rule

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

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.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work hour to $85 per work hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD affects 192 airplanes of U.S. registry. 
The following table provides the estimated costs for U.S. operators to 
comply with this AD.

                                                                     Estimated Costs
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                                                                                                                     Number of U.S.-
 Affected airplane groups/action        Work hours        Average labor          Parts           Cost per product      registered         Fleet cost
                                                          rate per hour                                                 airplanes
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Group 1, Group 2, Configuration    Between 4 and 8.....             $85  Between $11,377 and   Between $11,717 and              191  Between $2,237,947
 1, and Group 3, modification.                                            $14,376.              $15,056.                              and $2,875,696.
Group 4, replacement.............  2...................              85  None................  170.................               1  170.
AWL revision.....................  1...................              85  None................  85..................             192  16,320.
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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

    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:

2010-06-10 The Boeing Company: Amendment 39-16234. Docket No. FAA-
2008-0978; Directorate Identifier 2008-NM-014-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective May 3, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 767-200, -300, 
and -300F series airplanes, certificated in any category; as 
identified in Boeing Service Bulletin 767-28A0094, Revision 1, dated 
April 23, 2009.



[[Page 15325]]


    Note 1: 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 fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent the center tank fuel 
densitometer from overheating and becoming a potential ignition 
source inside the center fuel tank, which, in combination with 
flammable fuel vapors, could result in a center fuel tank explosion 
and consequent loss of the airplane.

Compliance

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

Install Support Hardware and Modify Wiring of the Fuel Quantity 
Indicating System (FQIS) Densitometer; Replace Hot Short Protector 
(HSP)

    (f) Within 60 months after the effective date of this AD, do the 
actions specified in paragraphs (f)(1) and (f)(2) of this AD, as 
applicable, in accordance with the Accomplishment Instructions of 
Boeing Service Bulletin 767-28A0094, Revision 1, dated April 23, 
2009.
    (1) For Group 1 airplanes, Group 2 airplanes, Configuration 1, 
and Group 3 airplanes: Install support hardware and modify the 
interfacing wiring of the FQIS densitometer.
    (2) For Group 4 airplanes: Replace the existing HSP with a new 
HSP.


    Note 2: In Figure 9, Step 8, of the Accomplishment Instructions 
of Boeing Service Bulletin 767-28A0094, Revision 1, dated April 23, 
2009, the ground identification number is identified as GD19393S; 
however, the correct ground identification number is GD10393S.


Credit for Service Information Accomplished Previously

    (g) Actions done before the effective date of this AD in 
accordance with Boeing Alert Service Bulletin 767-28A0094, dated 
November 20, 2007, are acceptable for compliance with the 
requirements of paragraph (f) of this AD.

Airworthiness Limitations (AWL) Revision

    (h) Concurrently with accomplishing the actions required by 
paragraph (f) of this AD, revise the AWL section of the Instructions 
for Continued Airworthiness by incorporating AWL No. 28-AWL-22 into 
the Boeing 767 Maintenance Planning Data (MPD) Document, D622T001-9, 
Section 9, Revision May 2009.

No Alternative Critical Design Configuration Control Limitations 
(CDCCL)

    (i) After the actions specified in paragraph (h) of this AD have 
been accomplished, no alternative CDCCL for AWL No. 28-AWL-22 may be 
used, unless the CDCCL is approved as an AMOC in accordance with the 
procedures specified in paragraph (k) of this AD.

Terminating Action for AWL Revision

    (j) Incorporating AWL No. 28-AWL-22 into the AWL section of the 
Instructions for Continued Airworthiness in accordance with 
paragraph (g)(2) of AD 2008-11-01, amendment 39-15523, terminates 
the action required by paragraph (h) of this AD.

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: Georgios Roussos, Aerospace Engineer, Systems and Equipment 
Branch, ANM-130S, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6482; 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.

Material Incorporated by Reference

    (l) You must use Boeing Service Bulletin 767-28A0094, Revision 
1, dated April 23, 2009; and AWL No. 28-AWL-22 of the Boeing 767 
Maintenance Planning Data (MPD) Document, D622T001-9, Section 9, 
Revision May 2009; as applicable; to do the actions required by this 
AD, unless the AD specifies otherwise. The Boeing 767 MPD Document, 
D622T001-9, Section 9, Revision May 2009, contains the following 
effective pages:

                                             List of Effective Pages
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      Page title/description                 Page No(s).                 Revision         Date shown on page(s)
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Title Page, MPD Section 9........  9.0-1.........................  May 2009...........  May 2009.
                                   9.0-2.........................  None Shown \*\.....  None Shown.\*\
Table of Contents, MPD Section 9.  9.0-3.........................  May 2009...........  May 2009.
                                   9.0-4.........................  None Shown \*\.....  None Shown.\*\
Revisions, MPD Section 9.........  9.0-5--9.0-14.................  May 2009...........  May 2009.
List of Effective Pages, MPD       9.0-15........................  May 2009...........  May 2009.
 Section 9.
                                   9.0-16........................  None Shown \*\.....  None Shown.\*\
AWL No. 28-AWL-22................  9.0-85........................  April 2008.........  April 2008.
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* The dates shown on the pages of Boeing 767 MPD Document D622T001-9, Revision May 2009, are the revision level
  of those pages. Pages 9.0-2, 9.0-4, and 9.0-16 of Boeing 767 MPD Document D622T001-9, Revision May 2009, are
  intentionally not dated.

    (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 March 4, 2010.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-5856 Filed 3-26-10; 8:45 am]
BILLING CODE 4910-13-P