[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Proposed Rules]
[Pages 54850-54854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21931]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0864; Directorate Identifier 2011-NM-023-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) that applies to certain The Boeing Company Model 767 airplanes. 
The existing AD currently requires sealing certain fasteners and 
stiffeners in the fuel tank, changing certain wire bundle clamp 
configurations on the fuel tank walls, inspecting certain fasteners in 
the fuel tanks and determining the method of attachment of the vortex 
generators, and performing corrective action if necessary. We issued 
that AD to prevent possible ignition sources in the auxiliary (center) 
fuel tank, main fuel tanks, and surge tanks caused by a wiring short or 
lightning strike, which could result in fuel tank explosions and 
consequent loss of the airplane. Since we issued that AD, another 
possible ignition source location was identified. This proposed AD 
would add a general visual inspection for the presence of a 
polytetrafluoroethylene (TFE) sleeve at the clamp location on the rear 
spar, and installation of a TFE sleeve if necessary. This proposed AD 
would also add airplanes to the applicability. We are proposing this AD 
to correct the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by October 22, 
2012.

ADDRESSES: You may send comments by any of the following methods:

[[Page 54851]]

     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: Deliver to Mail address above 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, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; 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, WA. 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 (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Rebel Nichols, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6509; fax: 425-917-6590; email: [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-2012-0864; 
Directorate Identifier 2011-NM-023-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 August 7, 2009, we issued AD 2009-18-02, Amendment 39-15998 (74 
FR 43621, August 27, 2009), for certain Model 767-200, -300, -300F, and 
-400ER series airplanes. That AD requires sealing certain fasteners and 
stiffeners in the fuel tank, changing certain wire bundle clamp 
configurations on the fuel tank walls, inspecting certain fasteners in 
the fuel tanks and determining the method of attachment of the vortex 
generators, and corrective action if necessary. That AD resulted from 
fuel system reviews conducted by the manufacturer. We issued that AD to 
prevent possible ignition sources in the auxiliary (center) fuel tank, 
main fuel tanks, and surge tanks caused by a wiring short or lightning 
strike, which could result in fuel tank explosions and consequent loss 
of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2009-18-02, Amendment 39-15998 (74 FR 43621, 
August 27, 2009), another possible ignition source location was 
identified that could also result in fuel tank explosions and 
consequent loss of the airplane.

Relevant Service Information

    AD 2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009), 
refers to Boeing Service Bulletin 767-57A0102, Revision 01, dated 
November 27, 2007, as the appropriate source of service information for 
installing the wire bundle sleeve and clamp and applying fastener 
sealant. Boeing has since revised this service bulletin. We have 
reviewed Boeing Service Bulletin 767-57A0102, Revision 4, dated 
September 20, 2011, which includes the following changes (introduced in 
Boeing Service Bulletin 767-57A0102, Revision 3, dated December 2, 
2010): the addition of work package 13, which includes a general visual 
inspection of the clamp location on the rear spar to determine whether 
a polytetrafluoroethylene (TFE) sleeve is installed between the clamp 
and the plastic convoluted tubing, and the installation of a TFE sleeve 
between the clamp and the plastic convoluted tubing, if necessary. 
Boeing Service Bulletin 767-57A0102, Revision 4, dated September 20, 
2011, also adds airplanes to the effectivity.
    AD 2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009), 
refers to Boeing Service Bulletin 767-57A0100, Revision 01, dated June 
19, 2008, as the appropriate source of service information for sealing 
certain bracket fasteners and rear spar stiffeners, and inspecting the 
vortex generator attachment. Boeing has since revised this service 
bulletin. We have reviewed Boeing Service Bulletin 767-57A0100, 
Revision 3, dated July 28, 2011, which adds clarifications, but no new 
actions.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 2009-18-02, 
Amendment 39-15998 (74 FR 43621, August 27, 2009). This proposed AD 
would revise the applicability to include additional airplanes. This 
proposed AD would also add a general visual inspection for the presence 
of a TFE sleeve at the clamp location on the rear spar, and 
installation of a TFE sleeve if necessary.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2009-18-02, 
Amendment 39-15998 (74 FR 43621, August 27, 2009). Since AD 2009-18-02 
was issued, the AD format has been revised, and certain paragraphs have 
been rearranged. As a result, the corresponding paragraph identifiers 
have changed in this proposed AD, as listed in the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
 Requirement/information in AD 2009-18-02,
  Amendment 39-15998 (74 FR 43621, August   Corresponding requirement in
                 27, 2009)                        this proposed AD
------------------------------------------------------------------------
paragraph (f).............................  paragraph (g).
paragraph (g).............................  paragraph (h).
Note 1....................................  paragraph (i).
------------------------------------------------------------------------

Other Changes

    We have revised certain headings throughout this AD.

Costs of Compliance

    We estimate that this proposed AD affects 414 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

[[Page 54852]]



                                                 Estimated Costs
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                                                                                  Number of U.S.-
            Action                 Labor cost       Parts cost       Cost per       registered     Cost on U.S.
                                                                      product        airplanes       operators
----------------------------------------------------------------------------------------------------------------
Group 1--Seal ends of           6 work-hours x                $0            $510             367        $187,170
 fasteners--Boeing Service       $85 per hour =
 Bulletin 767-57A0100            $510.
 (retained actions from AD
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
Group 2--Seal ends of           114 work-hours x               0           9,690              37         358,530
 fasteners--Boeing Service       $85 per hour =
 Bulletin 767-57A0100            $9,690.
 (retained actions from AD
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
Group 3--Inspection--Boeing     1 work-hour x                  0              85               9             765
 Service Bulletin 767-57A0100    $85 per hour =
 (retained actions from AD       $85.
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
Group 1--Change wire bundle     250 work-hours x           1,632          22,882             376       8,603,632
 clamp configurations, Boeing    $85 per hour =
 Service Bulletin 767-57A0102    $21,250.
 (retained actions from AD
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
Group 2--Change wire bundle     874 work-hours x           1,304          75,594              37       2,796,978
 clamp configurations, Boeing    $85 per hour =
 Service Bulletin 767-57A0102    $74,290.
 (retained actions from AD
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
Group 3--Change wire bundle     26 work-hours x              338           2,548               1           2,548
 clamp configuration and seal    $85 per hour =
 fasteners, Boeing Service       $2,210.
 Bulletin 767-57A0102
 (retained actions from AD
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
All airplanes--Inspection (new  1 work-hour x                  0              85             414          35,190
 proposed action).               $85 per hour =
                                 $85.
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    We estimate the following costs to do any necessary repair that 
would be required based on the results of the proposed inspection. We 
have no way of determining the number of aircraft that might need this 
repair:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                 Action                          Labor cost            Parts cost          Cost per product
----------------------------------------------------------------------------------------------------------------
Seal ends of fasteners--Boeing Service   6 work-hours x $85 per                  $0  Up to $510.
 Bulletin 767-57A0100 (retained actions   hour = $510.
 from AD 2009[dash]18-02, Amendment 39-
 15998 (74 FR 43621, August 27, 2009)).
Installation of TFE sleeve--Boeing       1 work-hour x $85 per hour               0  $85.
 Service Bulletin 767-57A0102.            = $85.
----------------------------------------------------------------------------------------------------------------

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),
    (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.

The Proposed Amendment

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

[[Page 54853]]

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 airworthiness directive 
(AD) 2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009), and 
adding the following new AD:

The Boeing Company: Docket No. FAA-2012-0864; Directorate Identifier 
2011-NM-023-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by October 22, 
2012.

(b) Affected ADs

    This AD supersedes AD 2009-18-02, Amendment 39-15998 (74 FR 
43621, August 27, 2009).

(c) Applicability

    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 767-57A0100, Revision 3, dated 
July 28, 2011; and Boeing Service Bulletin 767-57A0102, Revision 4, 
dated September 20, 2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 57: Wings.

(e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent possible ignition 
sources in the auxiliary (center) fuel tank, main fuel tanks, and 
surge tanks caused by a wiring short or lightning strike, which 
could result in fuel tank explosions and consequent loss of the 
airplane.

(f) Compliance

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

(g) Retained Fastener Sealant Application

    This paragraph restates the requirements of paragraph (f) of AD 
2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009), with 
revised service information. For airplanes identified in Boeing 
Service Bulletin 767-57A0100, Revision 1, dated June 19, 2008: 
Within 60 months after October 1, 2009 (the effective date of AD 
2009-18-02), do the actions in paragraphs (g)(1) and (g)(2) of this 
AD, as applicable, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 767-57A0100, Revision 01, 
dated June 19, 2008; or Boeing Service Bulletin 767-57A0100, 
Revision 3, dated July 28, 2011. As of the effective date of this 
AD, only Boeing Service Bulletin 767-57A0100, Revision 3, dated July 
28, 2011, may be used to accomplish the requirements of this 
paragraph.
    (1) For Groups 1 and 2 airplanes: Seal the ends of the fasteners 
on the brackets that hold the vortex generators, and seal the ends 
of the fasteners on certain stiffeners on the rear spar, as 
applicable.
    (2) For Group 3 airplanes: Do a detailed inspection to determine 
the method of attachment of the vortex generators and, before 
further flight, do all applicable specified corrective actions.

(h) Retained Wire Bundle Sleeve and Clamp Installation and Fastener 
Sealant Application for Currently Affected Airplanes

    This paragraph restates the requirements of paragraph (g) of AD 
2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009), with 
revised service information. For airplanes identified in Boeing 
Service Bulletin 767-57A0102, Revision 01, dated November 27, 2007: 
Within 60 months after October 1, 2009 (the effective date of AD 
2009-18-02), do the actions specified in paragraphs (h)(1), (h)(2), 
and (h)(3) of this AD, as applicable, in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 767-57A0102, 
Revision 01, dated November 27, 2007; or Boeing Service Bulletin 
767-57A0102, Revision 4, dated September 20, 2011. As of the 
effective date of this AD, only Boeing Service Bulletin 767-57A0102, 
Revision 4, dated September 20, 2011, may be used to accomplish the 
actions required by this paragraph.
    (1) Change the wire bundle clamp configurations at specified 
locations on the fuel tank walls.
    (2) Seal the fasteners and certain stiffeners at specified 
locations in the fuel tank.
    (3) Do a detailed inspection of the sealant of the fasteners in 
the auxiliary tank center bay and rib 28 of the left and right main 
fuel tanks. Seal any unsealed fasteners before further flight.

(i) Definition

    This paragraph restates the information specified in Note 1 of 
AD 2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009). 
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.''

(j) New Wire Bundle Sleeve and Clamp Installation and Fastener Sealant 
Application for Newly Added Airplanes

    For airplanes identified in Boeing Service Bulletin 767-57A0102, 
Revision 4, dated September 20, 2011, but not identified in 
paragraph (h) of this AD: Do the actions required by paragraph (h) 
of this AD within 60 months after the effective date of this AD.

(k) New Inspection and Sleeve Installation

    For airplanes identified as Groups 1 and 2 in Boeing Service 
Bulletin 767-57A0102, Revision 4, dated September 20, 2011: Within 
60 months after the effective date of this AD, do a general visual 
inspection of the clamp location on the rear spar to determine 
whether a polytetrafluoroethylene (TFE) sleeve is installed between 
the clamp and the plastic convoluted tube, in accordance with Work 
Package 13 of the Accomplishment Instructions of Boeing Service 
Bulletin 767-57A0102, Revision 4, dated September 20, 2011.
    (1) If a TFE sleeve is not installed between the clamp and the 
plastic convoluted tubing, before further flight, install a TFE 
sleeve, in accordance with the Accomplishment Instructions of Boeing 
Service Bulletin 767-57A0102, Revision 4, dated September 20, 2011.
    (2) If a TFE sleeve is installed between the clamp and the 
plastic convoluted tubing, no more work is required by this 
paragraph.

(l) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Service Bulletin 767-57A0100, 
dated August 21, 2006; Revision 1, dated June 19, 2008; or Revision 
2, dated May 20, 2010.
    (2) This paragraph provides credit for the actions required by 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Service Bulletin 767-57A0102, 
Revision 01, dated November 27, 2007; Revision 2, dated January 7, 
2010; or Revision 3, dated December 2, 2010.

(m) Alternative Methods of Compliance (AMOCs)

    (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 emailed 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 in accordance with AD 2009-18-02, 
Amendment 39-15998 (74 FR 43621, August 27, 2009), are approved as 
AMOCs for the corresponding provisions of this AD.

(n) Related Information

    (1) For more information about this AD, contact Rebel Nichols, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 
98057-3356; phone: 425-917-6509; fax: 425-917-6590; email: 
[email protected].
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You

[[Page 54854]]

may review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, 
call 425-227-1221.

    Issued in Renton, Washington, on August 24, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-21931 Filed 9-5-12; 8:45 am]
BILLING CODE 4910-13-P