Airworthiness Directives; Boeing Model 767 Airplanes, 43621-43624 [E9-20274]
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Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Rules and Regulations
The authority citation for these
special conditions is as follows:
Authority 49 U.S.C. 106(g), 40113, and
44701; 14 CFR 21.16 and 21.17; 14 CFR 11.38
and 11.19.
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The Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for Cessna Aircraft
Company, model 525C (CJ4) airplanes.
Cessna Aircraft Company, model
525C (CJ4) Li-ion battery installation.
In lieu of the requirements of 14 CFR
part 23, § 23.1353 (a) through (e), Li-ion
batteries and battery installations on the
Cessna Aircraft Company, model 525C
(CJ4) airplane must be designed and
installed as follows:
(1) Safe cell temperatures and
pressures must be maintained during
any probable charging or discharging
condition, or during any failure of the
charging or battery monitoring system
not shown to be extremely remote. The
Li-ion battery installation must be
designed to preclude explosion or fire in
the event of those failures.
(2) Li-ion batteries must be designed
to preclude the occurrence of selfsustaining, uncontrolled increases in
temperature or pressure.
(3) No explosive or toxic gasses
emitted by any Li-ion battery in normal
operation or as the result of any failure
of the battery charging or monitoring
system, or battery installation not
shown to be extremely remote, may
accumulate in hazardous quantities
within the airplane.
(4) Li-ion batteries that contain
flammable fluids must comply with the
flammable fluid fire protection
requirements of 14 CFR part 23,
§ 23.863(a) through (d).
(5) No corrosive fluids or gasses that
may escape from any Li-ion battery may
damage surrounding airplane structure
or adjacent essential equipment.
(6) Each Li-ion battery installation
must have provisions to prevent any
hazardous effect on structure or
essential systems that may be caused by
the maximum amount of heat the
battery can generate during a short
circuit of the battery or of its individual
cells.
(7) Li-ion battery installations must
have a system to control the charging
rate of the battery automatically, so as
to prevent battery overheating or
overcharging, and
(i) A battery temperature sensing and
over-temperature warning system with a
means for automatically disconnecting
the battery from its charging source in
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the event of an over-temperature
condition, or,
(ii) A battery failure sensing and
warning system with a means for
automatically disconnecting the battery
from its charging source in the event of
battery failure.
(8) Any Li-ion battery installation
whose function is required for safe
operation of the airplane, must
incorporate a monitoring and warning
feature that will provide an indication
to the appropriate flight crewmembers,
whenever the capacity and SOC of the
batteries have fallen below levels
considered acceptable for dispatch of
the airplane.
(9) The Instructions for Continued
Airworthiness (ICAW) must contain
recommended manufacturers
maintenance and inspection
requirements to ensure that batteries,
including single cells, meet a safety
function level essential to the aircraft’s
continued airworthiness.
(i) The ICAW must contain operating
instructions and equipment limitations
in an installation maintenance manual.
(ii) The ICAW must contain
installation procedures and limitation in
a maintenance manual, sufficient to
ensure that cells or batteries, when
installed according to the installation
procedures, still meet safety functional
levels, essential to the aircraft’s
continued airworthiness. The limitation
must identify any unique aspects of the
installation.
(iii) The ICAW must contain
corrective maintenance procedures to
functionally check battery capacity at
manufacturers recommended inspection
intervals.
(iv) The ICAW must contain
scheduled servicing information to
replace batteries at manufacturers
recommended replacement time.
(v) The ICAW must contain
maintenance inspection requirements to
visually check for a battery and/or
charger degradation.
(10) The ICAW must contain
requirements that batteries in a rotating
stock (spares) that have experienced
degraded charge retention capability or
other damage due to prolonged storage
must be functionally checked at
manufacturers recommended inspection
intervals before installation.
(11) The System Safety Assessment
process must address the software and
complex hardware levels for the
sensing, monitoring and warning
systems, if these systems contain
complex devices. The functional hazard
assessment (FHA) for the system is
required based on the intended
functions described. The criticality of
the specific functions will be
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43621
determined by the safety assessment
process for compliance with 14 CFR
part 23, § 23.1309, and Advisory
Circular 23.1309–1D contains
acceptable means for accomplishing this
requirement. For determining the failure
condition, the criticality of a function
will include the mitigating factors. The
failure conditions must address the loss
of function and improper operations.
These special conditions are not
intended to replace 14 CFR part 23,
§ 23.1353 in the certification basis of the
Cessna Aircraft Company, model 525C
(CJ4) airplanes. These special conditions
apply only to Li-ion batteries and
battery installations. The battery
requirements of 14 CFR part 23,
§ 23.1353 would remain in effect for
batteries and battery installations on the
Cessna Aircraft Company, model 525C
(CJ4) airplane that do not use Li-ion
chemistry.
Issued in Kansas City, Missouri, on August
19, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E9–20726 Filed 8–26–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–28035; Directorate
Identifier 2006–NM–293–AD; Amendment
39–15998; AD 2009–18–02]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 767 Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Boeing Model 767 airplanes. This 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 to determine the method of
attachment of the vortex generators, and
corrective action if necessary. This AD
results from fuel system reviews
conducted by the manufacturer. We are
issuing this AD to prevent possible
ignition sources in the auxiliary fuel
tank, main fuel tanks, and surge tanks
caused by a wiring short or lightning
strike, which could result in fuel tank
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Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Rules and Regulations
explosions and consequent loss of the
airplane.
DATES: This AD becomes effective
October 1, 2009.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of October 1, 2009.
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
me.boecom@boeing.com; Internet
https://www.myboeingfleet.com.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (telephone 800–647–5527)
is the Document Management Facility,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
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.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a supplemental
notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an
AD that would apply to certain Boeing
Model 767 airplanes. That supplemental
NPRM was published in the Federal
Register on October 16, 2008 (73 FR
61378). That supplemental NPRM
proposed to require sealing certain
fasteners and stiffeners in the fuel tank,
changing certain wire bundle clamp
configurations on the fuel tank walls,
inspecting additional fasteners in the
fuel tanks and to determine the method
of attachment of the vortex generators,
and corrective action if necessary.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received on
the supplemental NPRM.
Support for the NPRM
Boeing concurs with the contents of
the NPRM.
Request for Final Rule To Include
Reference to Supplemental Type
Certificate (STC) ST01920SE
Delta requests that the final rule
include a reference to STC ST01920SE,
dated October 15, 2008, which installs
winglets on certain Boeing 767 airplanes
that have similar fastener sealing
requirements in coincidental locations
defined in the proposed AD. Delta states
that including the specific common
areas of the referenced STC in the final
rule would simplify compliance if the
STC has already been incorporated, and
also preclude de-modification if the STC
is incorporated after the AD.
We partially agree with the
commenter’s statement. The
requirements for fasteners that penetrate
the fuel tank are the same in both the
STC and AD. We disagree with
referencing the STC in the AD because
there is insufficient information
contained in the request to identify the
specific areas that are common between
the STC and AD. However, the
commenter may formally request an
approval for an alternative method of
compliance, as provided by paragraph
(h) of this AD, if the request includes
more specific information to enable us
to determine whether the proposed
method would provide an adequate
level of safety.
Conclusion
We have carefully reviewed the
available data, including the comments
received, and determined that air safety
and the public interest require adopting
the AD as proposed in the supplemental
NPRM.
Costs of Compliance
There are about 925 airplanes of the
affected design in the worldwide fleet.
The following table provides the
estimated costs for U.S. operators to
comply with this AD. There are no U.S.registered airplanes in Group 3 of
Boeing Service Bulletin 767–57A0102.
The average labor rate is $80 per work
hour.
ESTIMATED COSTS
Boeing Service Bulletin
Group
767–57A0100 .................................................................
767–57A0102 .................................................................
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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,
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Work hours
1
2
3
1
2
3
Parts
6
114
1
246
874
24
minimal ....
minimal ....
none ........
1,632 .......
1,304 .......
338 ...........
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
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
Cost per
airplane
Number of
U.S.-registered airplanes
$480
9,120
80
21,312
71,224
2,258
341
21
17
341
21
0
Fleet cost
$163,680
191,520
1,360
7,267,392
1,495,704
0
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
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Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Rules and Regulations
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this 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.
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
■
2009–18–02 Boeing: Amendment 39–15998.
Docket No. FAA–2007–28035;
Directorate Identifier 2006–NM–293–AD.
Effective Date
(a) This AD becomes effective October 1,
2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model 767–200,
–300, –300F, and –400ER series airplanes;
certificated in any category; as identified in
Boeing Service Bulletin 767–57A0100,
Revision 1, dated June 19, 2008; and Boeing
Service Bulletin 767–57A0102, Revision 1,
dated November 27, 2007.
Unsafe Condition
(d) This AD results from fuel system
reviews conducted by the manufacturer. We
are issuing this AD to prevent possible
ignition sources in the auxiliary 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.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Fastener Sealant Application
(f) For airplanes identified in Boeing
Service Bulletin 767–57A0100, Revision 1,
dated June 19, 2008: Within 60 months after
the effective date of this AD, do the actions
in paragraphs (f)(1) and (f)(2) of this AD in
accordance with the Accomplishment
Instructions of Boeing Service Bulletin 767–
57A0100, Revision 1, dated June 19, 2008, as
applicable.
(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.
Wire Bundle Sleeve and Clamp Installation
and Fastener Sealant Application
(g) For airplanes identified in Boeing
Service Bulletin 767–57A0102, Revision 1,
dated November 27, 2007: Within 60 months
after the effective date of this AD, do the
actions specified in paragraphs (g)(1), (g)(2),
and (g)(3) of this AD, as applicable, in
accordance with the Accomplishment
Instructions of Boeing Service Bulletin 767–
57A0102, Revision 1, dated November 27,
2007.
(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.
Note 1: 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.’’
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19. Send information to
ATTN: 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.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
Material Incorporated by Reference
(i) You must use the service information
contained in Table 1 of this AD to do the
actions required by this AD, unless the AD
specifies otherwise.
TABLE 1—MATERIAL INCORPORATED BY REFERENCE
Document
Revision
srobinson on DSKHWCL6B1PROD with RULES
Boeing Service Bulletin 767–57A0102 ..........................................................................................................
Boeing Service Bulletin 767–57A0100 ..........................................................................................................
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, Washington 98124–2207; telephone
206–544–5000, extension 1; fax 206–766–
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16:19 Aug 26, 2009
Jkt 217001
5680; e-mail me.boecom@boeing.com;
Internet https://www.myboeingfleet.com.
(3) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221 or 425–227–1152.
(4) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
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Frm 00005
Fmt 4700
Sfmt 4700
01
01
Date
November 27, 2007.
June 19, 2008.
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
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Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Rules and Regulations
Issued in Renton, Washington, on August
7, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E9–20274 Filed 8–26–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0489; Directorate
Identifier 2009–CE–025–AD; Amendment
39–16000; AD 2009–18–04]
RIN 2120–AA64
Airworthiness Directives; Air Tractor,
Inc. Models AT–802 and AT–802A
Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are adopting a new
airworthiness directive (AD) for certain
Air Tractor, Inc. Models AT–802 and
AT–802A airplanes. This AD requires
installing a rudder-aileron interconnect
cable system shield kit and securing any
items stowed in the baggage
compartment, using tie downs and/or a
cargo net until the cable shield kit is
installed. We are issuing this AD to
prevent jamming of the rudder-aileron
interconnect cables by unsecured items
in the baggage compartment, which
could result in failure of the rudderaileron interconnect cable system. This
failure could lead to loss of control.
DATES: This AD becomes effective on
October 1, 2009.
On October 1, 2009, the Director of
the Federal Register approved the
incorporation by reference of certain
publications listed in this AD.
ADDRESSES: For service information
identified in this AD, contact Air
Tractor, Inc., P.O. Box 485, Olney, Texas
76374; telephone: (940) 564–5616;
facsimile: (940) 564–5612; E-mail:
parts@airtractor.com; Internet: https://
www.airtractor.com.
To view the AD docket, go to U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590, or on the Internet at https://
www.regulations.gov. The docket
number is FAA–2009–0489; Directorate
Identifier 2009–CE–025–AD.
FOR FURTHER INFORMATION CONTACT:
Andy McAnaul, Aerospace Engineer,
10100 Reunion Pl., Ste. 650, San
Antonio, Texas 78216; telephone: (210)
308–3365; fax: (210) 308–3370.
SUPPLEMENTARY INFORMATION:
airplanes. This proposal was published
in the Federal Register as a notice of
proposed rulemaking (NPRM) on May
29, 2009 (74 FR 25684). The NPRM
proposed to require installing a rudderaileron interconnect cable system shield
kit and securing any items stowed in the
baggage compartment, using tie downs
and/or a cargo net until the cable shield
kit is installed.
Discussion
On May 20, 2009, we issued a
proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to
include an AD that would apply to
certain Models AT–802 and AT–802A
Costs of Compliance
Parts
cost
Labor cost
Cable Shield Kit SL#274: 4.5 work-hours × $80 per hour = $360 ......................
Cable Shield Kit SL#274–2: 4.5 work-hours × $80 per hour = $360 ..................
srobinson on DSKHWCL6B1PROD with RULES
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
VerDate Nov<24>2008
16:19 Aug 26, 2009
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$860
540
Fmt 4700
Sfmt 4700
Conclusion
We have carefully reviewed the
available data and determined that air
safety and the public interest require
adopting the AD as proposed except for
minor editorial corrections. We have
determined that these minor
corrections:
• Are consistent with the intent that
was proposed in the NPRM for
correcting the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
We estimate that this AD affects 210
airplanes in the U.S. registry.
We estimate the following costs to do
the modification:
affects 170 airplanes at $1,220 each ...
affects 40 airplanes at $900 each ........
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 the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
Frm 00006
We provided the public the
opportunity to participate in developing
this AD. We received no comments on
the proposal or on the determination of
the cost to the public.
Total cost per airplane
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this AD.
PO 00000
Comments
Total cost
on U.S.
operators
$207,400
36,000
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 summary of the costs
to comply with this AD (and other
information as included in the
Regulatory Evaluation) and placed it in
the AD Docket. You may get a copy of
this summary by sending a request to us
at the address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2009–0489;
Directorate Identifier 2009–CE–025–
AD’’ in your request.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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]]>Agencies
[Federal Register Volume 74, Number 165 (Thursday, August 27, 2009)]
[Rules and Regulations]
[Pages 43621-43624]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20274]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-28035; Directorate Identifier 2006-NM-293-AD;
Amendment 39-15998; AD 2009-18-02]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Boeing Model 767 airplanes. This 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 to determine the method of attachment
of the vortex generators, and corrective action if necessary. This AD
results from fuel system reviews conducted by the manufacturer. We are
issuing this AD to prevent possible ignition sources in the auxiliary
fuel tank, main fuel tanks, and surge tanks caused by a wiring short or
lightning strike, which could result in fuel tank
[[Page 43622]]
explosions and consequent loss of the airplane.
DATES: This AD becomes effective October 1, 2009.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of October 1,
2009.
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 me.boecom@boeing.com;
Internet https://www.myboeingfleet.com.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone 800-647-5527) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a supplemental notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an AD that would apply to certain
Boeing Model 767 airplanes. That supplemental NPRM was published in the
Federal Register on October 16, 2008 (73 FR 61378). That supplemental
NPRM proposed to require sealing certain fasteners and stiffeners in
the fuel tank, changing certain wire bundle clamp configurations on the
fuel tank walls, inspecting additional fasteners in the fuel tanks and
to determine the method of attachment of the vortex generators, and
corrective action if necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received on the
supplemental NPRM.
Support for the NPRM
Boeing concurs with the contents of the NPRM.
Request for Final Rule To Include Reference to Supplemental Type
Certificate (STC) ST01920SE
Delta requests that the final rule include a reference to STC
ST01920SE, dated October 15, 2008, which installs winglets on certain
Boeing 767 airplanes that have similar fastener sealing requirements in
coincidental locations defined in the proposed AD. Delta states that
including the specific common areas of the referenced STC in the final
rule would simplify compliance if the STC has already been
incorporated, and also preclude de-modification if the STC is
incorporated after the AD.
We partially agree with the commenter's statement. The requirements
for fasteners that penetrate the fuel tank are the same in both the STC
and AD. We disagree with referencing the STC in the AD because there is
insufficient information contained in the request to identify the
specific areas that are common between the STC and AD. However, the
commenter may formally request an approval for an alternative method of
compliance, as provided by paragraph (h) of this AD, if the request
includes more specific information to enable us to determine whether
the proposed method would provide an adequate level of safety.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD as proposed in the supplemental NPRM.
Costs of Compliance
There are about 925 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD. There are no U.S.-registered
airplanes in Group 3 of Boeing Service Bulletin 767-57A0102. The
average labor rate is $80 per work hour.
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Number of
Cost per U.S.-
Boeing Service Bulletin Group Work hours Parts airplane registered Fleet cost
airplanes
----------------------------------------------------------------------------------------------------------------
767-57A0100.................. 1 6 minimal...... $480 341 $163,680
2 114 minimal...... 9,120 21 191,520
3 1 none......... 80 17 1,360
767-57A0102.................. 1 246 1,632........ 21,312 341 7,267,392
2 874 1,304........ 71,224 21 1,495,704
3 24 338.......... 2,258 0 0
----------------------------------------------------------------------------------------------------------------
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
[[Page 43623]]
responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this 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.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2009-18-02 Boeing: Amendment 39-15998. Docket No. FAA-2007-28035;
Directorate Identifier 2006-NM-293-AD.
Effective Date
(a) This AD becomes effective October 1, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model 767-200, -300, -300F, and -400ER
series airplanes; certificated in any category; as identified in
Boeing Service Bulletin 767-57A0100, Revision 1, dated June 19,
2008; and Boeing Service Bulletin 767-57A0102, Revision 1, dated
November 27, 2007.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent possible ignition
sources in the auxiliary 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.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Fastener Sealant Application
(f) For airplanes identified in Boeing Service Bulletin 767-
57A0100, Revision 1, dated June 19, 2008: Within 60 months after the
effective date of this AD, do the actions in paragraphs (f)(1) and
(f)(2) of this AD in accordance with the Accomplishment Instructions
of Boeing Service Bulletin 767-57A0100, Revision 1, dated June 19,
2008, as applicable.
(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.
Wire Bundle Sleeve and Clamp Installation and Fastener Sealant
Application
(g) For airplanes identified in Boeing Service Bulletin 767-
57A0102, Revision 1, dated November 27, 2007: Within 60 months after
the effective date of this AD, do the actions specified in
paragraphs (g)(1), (g)(2), and (g)(3) of this AD, as applicable, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 767-57A0102, Revision 1, dated November 27, 2007.
(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.
Note 1: 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.''
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19. Send
information to ATTN: 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.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Material Incorporated by Reference
(i) You must use the service information contained in Table 1 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise.
Table 1--Material Incorporated By Reference
------------------------------------------------------------------------
Document Revision Date
------------------------------------------------------------------------
Boeing Service Bulletin 767- 01 November 27, 2007.
57A0102.
Boeing Service Bulletin 767- 01 June 19, 2008.
57A0100.
------------------------------------------------------------------------
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax 206-766-5680; e-mail
me.boecom@boeing.com; Internet https://www.myboeingfleet.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221 or 425-227-1152.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
[[Page 43624]]
Issued in Renton, Washington, on August 7, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-20274 Filed 8-26-09; 8:45 am]
BILLING CODE 4910-13-P
