[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Rules and Regulations]
[Pages 35336-35340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14337]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0957; Directorate Identifier 2010-NM-062-AD; 
Amendment 39-16718; AD 2011-12-11]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for the products listed above. That AD currently requires, for certain 
airplanes, reworking the bonding jumper assemblies on the drain tube 
assemblies of the slat track housing of the wings. For certain other 
airplanes, the existing AD requires repetitive inspections of the drain 
tube assemblies of the slat track housing of the wings to find 
discrepancies, corrective actions if necessary, and terminating action 
for the repetitive inspections. This new AD also requires replacing the 
drain tube assemblies. For certain airplanes, this new AD also requires 
installing an additional electrostatic bond path for the number 5 and 8 
inboard slat track drain tube assemblies. For certain other airplanes, 
this new AD also requires reworking the bonding jumper assembly. This 
new AD also revises the applicability to include additional airplanes. 
This AD was prompted by (1) reports of fuel leaks from certain drain 
locations of the slat track housing near the engine exhaust nozzle, 
which could result in a fire when the airplane is stationary, or 
taxiing at low speed; (2) reports of a bonding jumper assembly of 
certain drain tubes that did not meet bonding specifications and could 
result in electrostatic discharge and an in-tank ignition source; and 
(3) reports of fuel leaks onto the main landing gear (MLG) as a result 
of a cracked drain tube at the number 5 or 8 slat track housing, which 
could let fuel drain from the main fuel tanks into the dry bay area of 
the wings and onto hot MLG brakes and result in a fire.

DATES: This AD is effective July 22, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of July 27, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of August 
28, 2001 (66 FR 38350, July 24, 2001).

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. 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 AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (phone: 800-647-5527) is 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: Rebel Nichols, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356; phone: 
425-917-6509; fax: 425-917-6590; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2001-14-19, amendment 39-12330 (66 FR 38350, 
July 24, 2001). That AD applies to the specified products. The NPRM was 
published in the Federal Register on October 7, 2010 (75 FR 61999). 
That NPRM proposed to continue to require, for certain airplanes, 
reworking the bonding jumper assemblies on the drain tube assemblies of 
the slat track housing of the wings. That NPRM also proposed to 
continue to require, for certain other airplanes, repetitive 
inspections of the drain tube assemblies of the slat track housing of 
the wings to find discrepancies, corrective actions if necessary, and 
terminating action for the repetitive inspections. That NPRM also 
proposed to require replacing the drain tube assemblies, and, for 
certain airplanes, installing an additional electrostatic bond path for 
the number 5 and 8 inboard slat track drain tube assemblies. For 
certain other airplanes, that NPRM also proposed to require reworking 
the bonding jumper assembly. That NPRM also proposed to revise the 
applicability to include additional airplanes.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and the FAA's response to each comment.

Support for the NPRM

    Boeing concurs with the contents of the NPRM.

Request To Clarify Service Information

    Continental Airlines requested that we revise the NPRM to correct 
discrepancies in Boeing Service Bulletin 767-57A0094, Revision 2, dated 
December 17, 2009. (That service bulletin was cited in the NPRM as the 
appropriate source of service information for the drain tube 
replacement on Model 767-200, -300, and -300F series airplanes.) In 
Figure 13 (Sheet 2 of 5) on page 104, and Figure 14 (Sheet 2 of 5) on 
page 109, the view identified as ``C'' should be identified as ``A.'' 
These discrepancies were communicated to Boeing and confirmed as 
discrepancies.
    We agree and have revised paragraph (j) in this final rule to 
specify these corrections.

Request To Clarify Requirements

    American Airlines stated that the Relevant Service Information 
section of the NPRM provides the current requirements (for AD 2001-14-
19) but does not provide in detail the new additional requirements for 
the NPRM. That paragraph, according to the commenter, merely provides 
information regarding the service bulletins, not the specific proposed 
requirements. The commenter added that the Relevant Service Information 
section does not explain whether the new actions are to be done in 
accordance with the original or revised service information. The 
commenter

[[Page 35337]]

requested that the final rule provide in detail the specific actions 
that would be required to comply with the new AD.
    We agree to provide clarification. The commenter is correct that 
the Relevant Service Information section describes only the procedures 
specified in the service information referenced in an AD. When we 
supersede an existing AD, the Relevant Service Information section 
highlights the differences in any new service information to provide 
notice for the public to comment on the new material. New service 
information includes new service bulletins as well as significant 
changes in revisions to previously described service bulletins. The 
proposed requirements are then provided in ``The FAA's Determination 
and Requirements of the Proposed AD.'' We have not changed the final 
rule regarding this issue.

Explanation of Change to NPRM

    We have revised the Costs of Compliance section in this final rule 
to provide updated figures for the estimated number of affected 
airplanes. This change does not significantly affect the fleet cost.

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 change described previously. We also determined that 
this change will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    There are about 920 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this proposed AD. The average labor rate 
is $85 per hour.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Number of
                                                                                      U.S.-
            Action                  Work hours        Parts     Cost per airplane   registered     Fleet cost
                                                                                    airplanes
----------------------------------------------------------------------------------------------------------------
Inspection (required by AD      1................           $0  $85 per                    273  $23,205 per
 2001-14-19).                                                    inspection cycle.               inspection
                                                                                                 cycle.
Drain tube replacement          12...............        5,236  $6,256...........          273  $1,707,888.
 (required by AD 2001-14-19).
Bonding jumper assembly rework  4................          322  $662.............           48  $31,776.
 (required by AD 2001-14-19).
Drain tube replacement (new     Between 7 and 11,        1,117  Between $1,712             412  Between $705,344
 action).                        depending on                    and $2,052.                     and $845,424.
                                 configuration.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to rework the drain tube assembly 
that might be required based on the results of the proposed inspection. 
We have no way of determining the number of aircraft that might need 
this rework.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                       Cost per
                  Action                            Labor cost                    Parts cost            product
----------------------------------------------------------------------------------------------------------------
Drain tube assembly rework...............  4 work-hours x $85 per hour   Negligible.................       $340
                                            = $340.
----------------------------------------------------------------------------------------------------------------

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.
    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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    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.

[[Page 35338]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD) 
2001-14-19, Amendment 39-12330 (66 FR 38350, July 24, 2001), and adding 
the following new AD:

2011-12-11 The Boeing Company: Amendment 39-16718; Docket No. FAA-
2010-0957; Directorate Identifier 2010-NM-062-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective July 22, 
2011.

Affected ADs

    (b) This AD supersedes AD 2001-14-19, Amendment 39-12330.

Applicability

    (c) This AD applies to The Boeing Company airplanes, 
certificated in any category, identified in paragraphs (c)(1) and 
(c)(2) of this AD.
    (1) Model 767-200, -300, and -300F series airplanes, as 
identified in Boeing Service Bulletin 767-57A0094, Revision 2, dated 
December 17, 2009.
    (2) Model 767-400ER series airplanes, as identified in Boeing 
Service Bulletin 767-57A0095, Revision 2, dated December 17, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from (1) reports of fuel leaks from certain 
drain locations of the slat track housing near the engine exhaust 
nozzle, which could result in a fire when the airplane is 
stationary, or taxiing at low speed; (2) reports of a bonding jumper 
assembly of certain drain tubes that did not meet bonding 
specifications and could result in electrostatic discharge and an 
in-tank ignition source; and (3) reports of fuel leaks onto the main 
landing gear (MLG) as a result of a cracked drain tube at the number 
5 or 8 slat track housing, which could let fuel drain from the main 
fuel tanks into the dry bay area of the wings and onto hot MLG 
brakes and result in a fire.

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.

Restatement of Requirements of AD 2001-14-19, Amendment 39-12330, With 
Revised Service Information

Repetitive Inspections/Corrective Action

    (g) For airplanes identified in Boeing Service Bulletin 767-
57A0060, Revision 1, dated December 31, 1998: Within 500 flight 
hours after August 28, 2001 (the effective date of AD 2001-14-19), 
do a general visual inspection of the drain tube assemblies of the 
slat track housings of the wings to find discrepancies (loose 
fittings, cracked tubes, fuel leaks), per Part I of the 
Accomplishment Instructions of Boeing Service Bulletin 767-57A0060, 
Revision 1, dated December 31, 1998; or Revision 2, dated January 
31, 2002. After the effective date of this AD, only Revision 2 may 
be used.
    (1) If any discrepancies are found, before further flight, 
rework the drain tube assembly per Part II of the Accomplishment 
Instructions of Boeing Service Bulletin 767-57A0060, Revision 1, 
dated December 31, 1998; or Revision 2, dated January 31, 2002. 
After the effective date of this AD, only Revision 2 may be used. 
Repeat the inspection at intervals not to exceed 500 flight hours 
until accomplishment of the requirements in paragraph (h) of this 
AD.
    (2) If no discrepancies are found, repeat the inspection 
thereafter at intervals not to exceed 500 flight hours, until 
accomplishment of the requirements in paragraph (h) of this AD.

    Note 1: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to find obvious damage, failure, or 
irregularity. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or drop-light and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Terminating Action for Repetitive Inspections

    (h) For airplanes specified in paragraph (g) of this AD: Within 
6,000 flight hours or 24 months after August 28, 2001, whichever 
occurs first, replace the drain tube assemblies of the slat track 
housings of the wings (including general visual inspection and 
repair) per Part III of the Accomplishment Instructions of Boeing 
Service Bulletin 767-57A0060, Revision 1, dated December 31, 1998; 
or Revision 2, dated January 31, 2002. After the effective date of 
this AD, only Revision 2 may be used. Any applicable repair must be 
accomplished prior to further flight. Accomplishment of this 
paragraph terminates the repetitive inspections required by 
paragraph (g) of this AD.

Rework of Bonding Jumper Assemblies

    (i) For airplanes identified in Boeing Service Bulletin 767-57-
0068, dated September 16, 1999: Within 5,000 flight cycles or 22 
months after August 28, 2001, whichever occurs first, rework the 
bonding jumper assembly of the drain tube assemblies of the slat 
track housing of the wings (including general visual inspection and 
repair) per the Accomplishment Instructions of Boeing Service 
Bulletin 767-57-0068, dated September 16, 1999; or Revision 1, dated 
May 9, 2002. After the effective date of this AD, only Revision 1 
may be used. Any applicable repair must be accomplished prior to 
further flight.

New Requirements of This AD

Drain Tube Replacement

    (j) Within 24 months after the effective date of this AD, 
replace affected drain tube assemblies of the number 5 and number 8 
inboard slat track housing, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 767-57A0094 (for Model 767-
200, -300, and -300F series airplanes) or 767-57A0095 (for Model 
767-400ER series airplanes), both Revision 2, both dated December 
17, 2009; except, in Figure 13 (Sheet 2 of 5) on page 104 and Figure 
14 (Sheet 2 of 5) on page 109 of Boeing Service Bulletin 767-
57A0094, the view identified as ``C'' should be identified as ``A.''

Concurrent Requirements

    (k) For airplanes in Groups 1, 2, and 3, as identified in Boeing 
Service Bulletin 767-57A0094, Revision 2, dated December 17, 2009: 
The actions specified in paragraphs (k)(1), (k)(2), and (k)(3) of 
this AD, as applicable, must be done before or concurrently with the 
requirements of paragraph (j) of this AD.
    (1) For Groups 1 and 2: The requirements of paragraph (h) of 
this AD.
    (2) For Group 2 airplanes: Installation of an additional 
electrostatic bond path for the number 5 and 8 inboard slat track 
drain tube assemblies, in accordance with Part IV of the 
Accomplishment Instructions of Boeing Service Bulletin 767-57A0060, 
Revision 1, dated December 31, 1998; or Revision 2, dated January 
31, 2002.
    (3) For Group 3 airplanes: The requirements of paragraph (i) of 
this AD.
    (l) For airplanes identified in paragraph (i) of this AD, on 
which the actions required by paragraph (i) of this AD were done 
before the effective date of this AD in accordance with Boeing 
Service Bulletin 767-57-0068, dated September 16, 1999: Prior to or 
concurrently with the requirements of paragraph (j) of this AD, 
rework the bonding jumper assembly for the number 5 and 8 inboard 
slat track housing drain tube installation, in accordance with Part 
2 of the Accomplishment Instructions of Boeing Service Bulletin 767-
57-0068, Revision 1, dated May 9, 2002.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (m) Actions done before the effective date of this AD in 
accordance with an applicable service bulletin identified in table 1 
of this AD are acceptable for compliance with the corresponding 
requirements of paragraph (j) of this AD.

[[Page 35339]]



                                        Table 1--Credit Service Bulletins
----------------------------------------------------------------------------------------------------------------
       Affected airplanes             Service Bulletin          Revision level                  Date
----------------------------------------------------------------------------------------------------------------
Model 767-200, -300, and -300F    Boeing Service Bulletin   Original..............  June 2, 2005.
 series airplanes.                 767-57A0094.             1.....................  December 19, 2006.
Model 767-400ER series airplanes  Boeing Service Bulletin   Original..............  June 2, 2005.
                                   767-57A0095.             1.....................  December 19, 2006.
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (n)(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 
9[dash]ANM[dash]Seattle-ACO[dash]AMOC[dash][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 in accordance with AD 2001-14-19, 
Amendment 39-12330, are approved as AMOCs for the corresponding 
provisions of this AD.

Related Information

    (o) For information about this AD, contact Rebel Nichols, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office (ACO), 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; phone: 425-917-6509; fax: 425-227-6590; e-
mail: [email protected].

Material Incorporated by Reference

    (p) You must use the service information contained in Table 2 of 
this AD, as applicable, to do the actions required by this AD, 
unless the AD specifies otherwise.

             Table 2--All Material Incorporated by Reference
------------------------------------------------------------------------
           Document               Revision                Date
------------------------------------------------------------------------
Boeing Service Bulletin 767-   1.............  December 31, 1998.
 57A0060.
Boeing Service Bulletin 767-   2.............  January 31, 2002.
 57A0060.
Boeing Service Bulletin 767-   Original......  September 16, 1999.
 57-0068.
Boeing Service Bulletin 767-   1.............  May 9, 2002.
 57-0068.
Boeing Service Bulletin 767-   2.............  December 17, 2009.
 57A0094.
Boeing Service Bulletin 767-   2.............  December 17, 2009.
 57A0095.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information contained in 
Table 3 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.

             Table 3--New Material Incorporated by Reference
------------------------------------------------------------------------
           Document               Revision                Date
------------------------------------------------------------------------
Boeing Service Bulletin 767-   2.............  January 31, 2002.
 57A0060.
Boeing Service Bulletin 767-   1.............  May 9, 2002.
 57-0068.
Boeing Service Bulletin 767-   2.............  December 17, 2009.
 57A0094.
Boeing Service Bulletin 767-   2.............  December 17, 2009.
 57A0095.
------------------------------------------------------------------------

    (2) The Director of the Federal Register previously approved the 
incorporation by reference of the service information contained in 
Table 4 of this AD on August 28, 2001 (66 FR 38350, July 24, 2001).

         Table 4--Material Previously Incorporated by Reference
------------------------------------------------------------------------
           Document               Revision                Date
------------------------------------------------------------------------
Boeing Service Bulletin 767-   1.............  December 31, 1998.
 57A0060.
Boeing Service Bulletin 767-   Original......  September 16, 1999.
 57-0068.
------------------------------------------------------------------------

    (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 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.
    (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 an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.


[[Page 35340]]


    Issued in Renton, Washington, on May 31, 2011.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-14337 Filed 6-16-11; 8:45 am]
BILLING CODE 4910-13-P