[Federal Register Volume 82, Number 29 (Tuesday, February 14, 2017)]
[Rules and Regulations]
[Pages 10541-10544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01338]



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  Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / 
Rules and Regulations  

[[Page 10541]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0571; Directorate Identifier 2014-NM-059-AD; 
Amendment 39-18782; AD 2017-02-03]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 767-200, -300, and -400ER series airplanes. 
This AD was prompted by a report of a malfunction of the engine 
indication and crew alerting system (EICAS) during flight. This AD 
requires, for certain airplanes, a general visual inspection of the 
spray shield, and related investigative and corrective actions if 
necessary. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective March 16, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 16, 
2017.

ADDRESSES: For service information identified in this final rule, 
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 view this 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. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0571.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0571; 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 Docket 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: Stanley Chen, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 
98057-3356; phone: 425-917-6585; fax: 425-917-6590; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 by adding an AD that would apply to certain The 
Boeing Company Model 767-200, -300, and -400ER series airplanes. The 
SNPRM published in the Federal Register on April 13, 2016 (81 FR 21762) 
(``the SNPRM''). We preceded the SNPRM with a notice of proposed 
rulemaking (NPRM) that published in the Federal Register on August 14, 
2014 (79 FR 47597) (``the NPRM''). The NPRM proposed to require an 
inspection for plastic couplings, corrective actions if necessary, and 
installation of new spray shrouds. The NPRM was prompted by a report of 
a malfunction of the engine indication and crew alerting system (EICAS) 
during flight. The SNPRM proposed, for certain airplanes, a general 
visual inspection of the spray shield and related investigative and 
corrective actions if necessary. We are issuing this AD to prevent an 
uncontrolled water leak from a defective potable water system coupling, 
which could cause the main equipment center (MEC) line replaceable 
units (LRUs) to become wet, resulting in an electrical short and 
potential loss of several functions essential for safe flight.

Comments

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

Request To Include Latest Service Information

    Boeing requested that we revise the SNPRM to include the latest 
service information--Boeing Alert Service Bulletin 767-38A0073, 
Revision 3, dated September 8, 2016, which added 10 airplanes to the 
effectivity. The revised service information also added Part 5 of the 
Work Instructions to enhance the hose installation between location 6 
and location 9 for an airplane on which a post-production configuration 
change had been made. Boeing noted that future revisions could be 
published as conditions dictate.
    We partially agree with the request.
    To require Revision 3 in this AD would necessitate issuing another 
supplemental NPRM to solicit comments on the merits of this change. We 
have determined that an unsafe condition exists, and delaying this 
action further would be inappropriate.
    However, we have added new content to paragraph (i) of this AD to 
specify an additional method of compliance that was not part of the 
SNPRM. This additional method of compliance allows the use of Revision 
3 for the coupling inspection and spray shroud installation specified 
in paragraph (g) of this AD.
    This AD retains the applicability specified in paragraph (c) of the 
proposed AD (in the SNPRM). That is, this AD affects Model 767-200, -
300, and -400ER series airplanes that are identified in Boeing Alert 
Service Bulletin 767-38A0073, Revision 2, dated August 10, 2015.
    Likewise, this AD retains the specific compliance method specified 
in paragraphs (g) and (h) of the proposed AD (in the SNPRM). That is, 
the actions must be done in accordance with Boeing Alert Service 
Bulletin 767-38A0073, Revision 2, dated August 10, 2015. (See ``Request 
to Revise Description of

[[Page 10542]]

Affected Airplanes'' for an explanation of the revision of paragraphs 
(g) and (h) of the proposed AD (in the SNPRM).)
    For the 10 airplanes added in Boeing Alert Service Bulletin 767-
38A0073, Revision 3, dated September 8, 2016, we might consider 
additional rulemaking to mandate the actions specified in this AD.

Request To Revise Description of Affected Airplanes

    Boeing requested that we revise paragraphs (g) and (h) of the 
proposed AD (in the SNPRM) to remove the references to airplane groups. 
Boeing explained that this change would simplify the wording of the AD 
and avoid a potential mismatch between the AD and the service 
information if grouping is adjusted in the future. Boeing stated that 
the release of Boeing Alert Service Bulletin 767-38A0073, Revision 3, 
dated September 8, 2016, makes paragraph (g) of the proposed AD (in the 
SNPRM) incorrect because it does not account for newly added groups 14 
and 15. Boeing also noted that future revisions could be published as 
conditions indicate.
    We partially agree with the request. Paragraphs (g) and (h) of the 
proposed AD (in the SNPRM) have been revised to restructure the content 
into paragraph (g) in this AD and remove the references to specific 
airplane groups. As stated previously, we might consider future 
rulemaking to mandate the actions in this AD for the airplanes 
identified as Groups 14 and 15 in Boeing Alert Service Bulletin 767-
38A0073, Revision 3, dated September 8, 2016.

Request for Clarification of Requirements

    Boeing requested that we revise paragraph (h) of the proposed AD 
(in the SNPRM) (now paragraph (g)(2) in this AD) to change the phrase 
``applicable related investigative and corrective actions'' to 
``applicable corrective actions.'' Boeing indicated that this change 
would clarify the intent of the proposed AD because, as written, the 
proposed AD could be misinterpreted as requiring both the inspection 
for discrepant shields and the resulting corrective action before 
further flight.
    We disagree to remove the phrase ``related investigative 
[actions],'' as requested. As explained in the SNPRM, related 
investigative actions are follow-on actions that (1) are related to the 
primary action, and (2) further investigate the nature of any condition 
found; related investigative actions in an AD could include, for 
example, inspections. Specifically, in this AD, the phrase ``related 
investigative actions'' includes testing and repairing potable water 
system leaks. We have not changed this final rule regarding this issue.

Request To Clarify Incorporation by Reference

    Paragraph (k) of the proposed AD (in the SNPRM) stated that Boeing 
Alert Service Bulletin 767-38A0073, dated November 12, 2013; and Boeing 
Service Bulletin 767-38A0073, Revision 1, dated November 5, 2014; are 
not ``incorporated by reference in this AD.'' Boeing requested that we 
delete that statement because its intent is unclear and could be 
misinterpreted.
    We agree that clarification is necessary. Paragraph (k) in the 
proposed AD (in the SNPRM) provides credit for compliance with the AD 
for work completed using earlier revisions of the service information 
that are not specifically mandated by the AD, while the latest revision 
of the service information would be mandated. Although Boeing Alert 
Service Bulletin 767-38A0073, dated November 12, 2013, and Boeing 
Service Bulletin 767-38A0073, Revision 1, dated November 5, 2014, will 
not be incorporated by reference in this AD, we agree to remove that 
statement from paragraph (k) of the AD.

Request To Revise Phrasing in ``Credit for Previous Actions'' Paragraph

    Boeing requested that we revise paragraph (k) of the proposed AD 
(in the SNPRM) to account for additional revisions that may be 
necessary to identify in the AD, depending on the effective date of the 
AD. Boeing stated that the proposed AD (in the SNPRM) would exclude 
some groups from being given credit for accomplishment of the 
referenced service information. Boeing stated that if airlines have 
completed all actions in accordance with Boeing Alert Service Bulletin 
767-38A0073, Revision 2, dated August 10, 2015, or Boeing Alert Service 
Bulletin 767-38A0073, Revision 3, dated September 8, 2016, no groups 
should be excluded.
    We do not agree that it is necessary to revise the service 
information identified in paragraph (k) of this AD. As stated 
previously, Boeing Alert Service Bulletin 767-38A0073, Revision 3, 
dated September 8, 2016, is included in paragraph (i) of this AD to 
provide an additional method of compliance for the requirements of 
paragraph (g) of this AD. Additional credit for accomplishment of 
Revision 3 is therefore unnecessary. This AD will provide credit for 
only the accomplishment of Boeing Alert Service Bulletin 767-38A0073, 
dated November 12, 2013; and Boeing Service Bulletin 767-38A0073, 
Revision 1, dated November 5, 2014.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
per supplemental type certificate (STC) ST01920SE does not affect the 
accomplishment of the manufacturer's service instructions.
    We agree with the commenter that STC ST01920SE does not affect the 
accomplishment of the manufacturer's service instructions. Therefore, 
the installation of STC ST01920SE does not affect the ability to 
accomplish the actions required by this AD. We have not changed this AD 
in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 767-38A0073, Revision 2, 
dated August 10, 2015; and Boeing Alert Service Bulletin 767-38A0073, 
Revision 3, dated September 8, 2016. The service information describes 
procedures for a general visual inspection for plastic potable water 
couplings, and applicable related investigative and corrective actions; 
installation of new spray shrouds; and a general visual inspection of 
the spray shield to determine if it has two slits and is installed 
correctly, and applicable related investigative and corrective actions. 
These documents are distinct since they are revisions of the same 
service information and have different airplane groupings for different 
configurations. This service information is reasonably available 
because the interested parties have access to it through their normal 
course of business or by the means identified in the ADDRESSES section.

[[Page 10543]]

Costs of Compliance

    We estimate that this AD affects 136 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
             Action                  Labor cost        Parts cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Part 1--inspection (Groups 1-3,  Up to 3 work-hours              $0  Up to $255...........  Up to $34,680.
 9, and 11, Configuration 1;      x $85 per hour =
 Groups 4-8, 10, and 12-13)       $255.
 (136 airplanes).
Part 2--inspection (Group 9,     2 work-hours x $85               0  $170.................  $5,440.
 Configuration 1; and Group 10)   per hour = $170.
 (32 airplanes).
Part 3--installation of spray    3 work-hours x $85             330  $585.................  $79,560.
 shrouds (136 airplanes).         per hour = $255.
Part 4--inspection (Groups 1-3,  2 work-hours x $85               0  $170.................  $5,100.
 9, and 11, Configuration 2)      per hour = $170.
 (30 airplanes).
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary on-condition 
actions that would be required based on the results of the inspection. 
We have no way of determining the number of aircraft that might need 
these actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                 Action                          Labor cost           Parts cost          Cost per product
----------------------------------------------------------------------------------------------------------------
Related investigative actions..........  3 work-hours x $85 per                 $0  $255.
                                          hour = $255.
Corrective actions.....................  Up to 1 work-hour x $85                53  Up to $138.
                                          per hour = $85.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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),
    (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.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2017-02-03 The Boeing Company: Amendment 39-18782; Docket No. FAA-
2014-0571; Directorate Identifier 2014-NM-059-AD.

(a) Effective Date

    This AD is effective March 16, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, and -
400ER series airplanes, certificated in any category, as identified 
in Boeing Alert Service Bulletin 767-38A0073, Revision 2, dated 
August 10, 2015.

(d) Subject

    Air Transport Association (ATA) of America Code 38, Water/Waste.

(e) Unsafe Condition

    This AD was prompted by a report of a malfunction of the engine 
indication and crew alerting system (EICAS) during flight. We are 
issuing this AD to prevent an uncontrolled water leak from a 
defective potable water system coupling, which could cause the main 
equipment center (MEC) line replaceable units (LRUs) to become wet, 
resulting in an electrical short and potential loss of several 
functions essential for safe flight.

[[Page 10544]]

(f) Compliance

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

(g) Inspection of Couplings and Installation of Spray Shrouds

    For Groups and Configurations as identified in Boeing Alert 
Service Bulletin 767-38A0073, Revision 2, dated August 10, 2015, as 
applicable: At the applicable times identified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 767-38A0073, 
Revision 2, dated August 10, 2015, except as required by paragraph 
(h) of this AD, do the actions specified in paragraphs (g)(1) and 
(g)(2) of this AD, as applicable.
    (1) Do a general visual inspection for plastic potable water 
couplings; do all applicable related investigative and corrective 
actions; and install new spray shrouds, including a new hose 
assembly, as applicable; in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-38A0073, Revision 
2, dated August 10, 2015. Do all applicable related investigative 
and corrective actions within the applicable compliance time 
identified in paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin 767-38A0073, Revision 2, dated August 10, 2015, 
except as required by paragraph (h) of this AD.
    (2) Within 72 months after the effective date of this AD, do a 
general visual inspection of the spray shield to determine if it has 
two slits and is installed correctly, and before further flight, do 
all applicable related investigative and corrective actions, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-38A0073, Revision 2, dated August 10, 2015.

    Note 1 to paragraph (g) of this AD:  Operators can take optional 
protective measures to cover or shield their equipment against water 
spray when performing the Potable Water System Leakage Test, as 
specified in Boeing Alert Service Bulletin 767-38A0073, Revision 2, 
dated August 10, 2015.

(h) Exception to the Service Information

    Where paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 767-38A0073, Revision 2, dated August 10, 2015, specifies a 
compliance time ``after the original issue date of this service 
bulletin,'' this AD requires compliance within the specified 
compliance time after the effective date of this AD.

(i) Additional Method of Compliance

    Boeing Alert Service Bulletin 767-38A0073, Revision 3, dated 
September 8, 2016, is acceptable for compliance with the 
requirements of paragraph (g) of this AD, as applicable to the 
Groups and Configurations as identified in Boeing Alert Service 
Bulletin 767-38A0073, Revision 3, dated September 8, 2016.

(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install any 
plastic potable water coupling having part number (P/N) CA620 series 
or P/N CA625 series on any airplane.

(k) Credit for Previous Actions

    For airplanes in Groups 4 through 8, 10, 12, and 13, as 
identified in Boeing Alert Service Bulletin 767-38A0073, Revision 2, 
dated August 10, 2015: This paragraph provides credit for the 
actions specified in paragraph (g) of this AD, if those actions were 
performed before the effective date of this AD using Boeing Alert 
Service Bulletin 767-38A0073, dated November 12, 2013; or Boeing 
Service Bulletin 767-38A0073, Revision 1, dated November 5, 2014.

(l) 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 paragraph (m)(1) 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) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by the Boeing Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Seattle ACO, to make those findings. To be approved, the 
repair method, modification deviation, or alteration deviation must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.
    (4) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(l)(4)(i) and (l)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(m) Related Information

    (1) For more information about this AD, contact Stanley Chen, 
Aerospace Engineer, Cabin Safety and Environmental Systems Branch, 
ANM-150S, FAA, Seattle Aircraft Certification Office (ACO), 1601 
Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6585; fax: 
425-917-6590; email: [email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(3) and (n)(4) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 767-38A0073, Revision 2, dated 
August 10, 2015.
    (ii) Boeing Alert Service Bulletin 767-38A0073, Revision 3, 
dated September 8, 2016.
    (3) For Boeing 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.
    (4) You may view this 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.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 11, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-01338 Filed 2-13-17; 8:45 am]
 BILLING CODE 4910-13-P