[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Proposed Rules]
[Pages 13534-13536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5721]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0158; Directorate Identifier 2010-NM-118-AD]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain Model 767-200, -300, -300F, and 
-400ER series airplanes. The existing AD currently 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 proposed AD would add airplanes and, for 
certain airplanes, require additional inspections to determine if 
certain motor operated valve actuators for the fuel tanks are 
installed, and related investigative and corrective actions if 
necessary. This proposed AD results from fuel system reviews conducted 
by the manufacturer. We are proposing 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: We must receive comments on this proposed AD by April 28, 2011.

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 proposed 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. You may review copies of the 
referenced 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.

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 proposed 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, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 
425-917-6505; fax 425-917-6590; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0158; 
Directorate Identifier 2010-NM-118-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed 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 proposed AD.

Discussion

    On October 19, 2009, we issued AD 2009-22-13, amendment 39-16066 
(74 FR 55755, October 29, 2009), for certain Boeing Model 767-200, -
300, -300F, and -400ER series airplanes. That AD requires an inspection 
to determine if certain motor operated valve (MOV) actuators for the 
fuel tanks are installed, and related investigative and corrective 
actions if necessary. That AD resulted from fuel system reviews 
conducted by the manufacturer. We issued that 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.

Actions Since Existing AD Was Issued

    Since we issued AD 2009-22-13, Boeing issued a revision to Boeing 
Alert Service Bulletin 767-28A0090, dated July 3, 2008 (which was 
referenced as a source of service information in AD 2009-22-13). Boeing 
Service Bulletin 767-28A0090, Revision 2, dated September 2, 2010, 
corrects the group configuration assignment for certain airplanes, adds 
airplanes to the effectivity, and adds additional work for certain 
airplanes that accomplished Boeing Alert Service Bulletin 767-28A0090, 
dated July 3, 2008; or Boeing Service Bulletin 767-28A0090, Revision 1, 
dated April 1, 2010. The actions described in Boeing Service Bulletin 
767-28A0090, Revision 2, dated September 2, 2010, are similar to those 
described in Boeing Alert Service Bulletin 767-28A0090, dated July 3, 
2008.

[[Page 13535]]

    The airplanes that were assigned to the wrong group configuration 
(Group 3 instead of Group 2) and accomplished the requirements of AD 
2009-22-13 in accordance with Boeing Alert Service Bulletin 767-
28A0090, dated July 3, 2008, need to do additional inspections to 
determine if certain motor operated valve actuators for the fuel tanks 
are installed, and related investigative and corrective actions if 
necessary, in accordance with Boeing Service Bulletin 767-28A0090, 
Revision 2, dated September 2, 2010 (the new group configuration has 
more work packages than the old group configuration).
    The airplanes that were assigned to the wrong group configuration 
(Group 4 instead of Group 1) in Boeing Alert Service Bulletin 767-
28A0090, dated July 3, 2008; or Boeing Service Bulletin 767-28A0090, 
Revision 1, dated April 1, 2010; and accomplished actions using either 
of those service bulletins need to do additional inspections to 
determine if certain MOV actuators for the fuel tanks are installed, 
and related investigative and corrective actions if necessary, in 
accordance with Boeing Service Bulletin 767-28A0090, Revision 2, dated 
September 2, 2010 (the new group configuration has more work packages 
than the old group configuration).

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to develop on other airplanes of the 
same type design. For this reason, we are proposing this AD, which 
would supersede AD 2009-22-13 and would retain the requirements of the 
existing AD. This proposed AD would also require, for certain 
airplanes, accomplishing the actions specified in the Boeing Service 
Bulletin 767-28A0090, Revision 2, dated September 2, 2010, described 
previously.

Costs of Compliance

    There are about 398 airplanes of U.S. registry. The following table 
provides the estimated costs for U.S. operators to comply with this 
proposed AD.

                                                 Estimated Costs
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                                                                                                 Cost on U.S.
             Action                    Labor cost          Parts cost      Cost per product        operators
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Inspection for presence of MOV    Between 2 and 4      none.............  Between $170 and    Between $67,660
 actuators (required by AD 2009-   work-hours x $85                        $340.               and $135,320.
 22-13).                           per hour = Between
                                   $170 and $340.
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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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
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 proposed 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by removing amendment 39-16066 (74 FR 
55755, October 29, 2009) and adding the following new AD:

The Boeing Company: Docket No. FAA-2011-0158; Directorate Identifier 
2010-NM-118-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 28, 
2011.

Affected ADs

    (b) This AD supersedes AD 2009-22-13, Amendment 39-16066.

Applicability

    (c) This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category; as 
identified in Boeing Service Bulletin 767-28A0090, Revision 2, dated 
September 2, 2010.

Subject

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

Unsafe Condition

    (e) This AD results from fuel system reviews conducted by the 
manufacturer. The Federal Aviation Administration is 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

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

[[Page 13536]]

Restatement of Requirements of AD 2009-22-13, With Revised Service 
Information

Inspection and Related Investigative/Corrective Actions

    (g) For Model 767-200, -300, -300F, and -400ER series airplanes, 
as identified in Boeing Alert Service Bulletin 767-28A0090, dated 
July 3, 2008: Within 60 months after December 3, 2009 (the effective 
date of AD 2009-22-13), 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; or Boeing Service Bulletin 767-28A0090, Revision 2, 
dated September 2, 2010. A review of airplane maintenance records is 
acceptable in lieu of this inspection if the part number can be 
conclusively determined from that review. After the effective date 
of this AD, only Revision 2 may be used.
    (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; or Boeing Service Bulletin 767-28A0090, Revision 2, 
dated September 2, 2010; except as provided by paragraph (h) of this 
AD. After the effective date of this AD, only Revision 2 may be 
used.

Alternative Part Numbers

    (h) Where Boeing Alert Service Bulletin 767-28A0090, dated July 
3, 2008; or Boeing Service Bulletin 767-28A0090, Revision 2, dated 
September 2, 2010; 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).

New Requirements of This AD

Inspection and Related Investigative/Corrective Actions for Additional 
Airplanes

    (i) For airplanes that are identified in Boeing Service Bulletin 
767-28A0090, Revision 2, dated September 2, 2010, but are not 
identified in paragraph (g) of this AD: Within 60 months after 
December 3, 2009, do the actions required by paragraph (g) of this 
AD in accordance with Boeing Service Bulletin 767-28A0090, Revision 
2, dated September 2, 2010.

Revised Inspection and Related Investigative/Corrective Actions 
Instructions for Certain Airplanes

    (j) For airplanes having variable numbers (VNs) VN921, VN922, 
and VN966 through VN972 inclusive, that accomplished the actions 
required in paragraph (g) of this AD before the effective date of 
this AD in accordance with Boeing Alert Service Bulletin 767-
28A0090, dated July 3, 2008: Within 60 months after December 3, 
2009, do the actions specified in paragraphs (j)(1) and (j)(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 Work Packages 2, 3, 4, 
and 5 of the Accomplishment Instructions of Boeing Service Bulletin 
767-28A0090, Revision 2, dated September 2, 2010. 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 Work Packages 2, 3, 4, 
and 5 of the Accomplishment Instructions of Boeing Service Bulletin 
767-28A0090, Revision 2, dated September 2, 2010; except as provided 
by paragraph (h) of this AD.
    (k) For airplanes having VNs VF181 through VF184 inclusive that 
accomplished the actions required in paragraph (g) of this AD before 
the effective date of this AD in accordance with Boeing Alert 
Service Bulletin 767-28A0090, dated July 3, 2008; or Boeing Service 
Bulletin 767-28A0090, Revision 1, dated April 1, 2010: Within 60 
months after December 3, 2009, do the actions in paragraphs (k)(1) 
and (k)(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 Work Packages 2, 3, 4, 
and 5 of the Accomplishment Instructions of Boeing Service Bulletin 
767-28A0090, Revision 2, dated September 2, 2010. 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 Work Packages 2, 3, 4, 
and 5 of the Accomplishment Instructions of Boeing Service Bulletin 
767-28A0090, Revision 2, dated September 2, 2010; except as provided 
by paragraph (h) of this AD.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (l) Actions done before the effective date of this AD in 
accordance with Boeing Service Bulletin 767-28A0090, Revision 1, 
dated April 1, 2010, are acceptable for compliance with the 
requirements of paragraphs (i) and (j) of this AD.

Alternative Methods of Compliance (AMOCs)

    (m)(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. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD. Information may be e-mailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) AMOCs approved previously for AD 2009-22-13 are approved as 
AMOCs for the corresponding provisions of this AD.

Related Information

    (n) For more information about this AD, contact Douglas Bryant, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle ACO, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 425-
917-6505; fax 425-917-6590; e-mail: [email protected].
    (o) 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. You 
may review copies of the referenced 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.

    Issued in Renton, Washington, on March 4, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-5721 Filed 3-11-11; 8:45 am]
BILLING CODE 4910-13-P