Airworthiness Directives; Boeing Model 767-200, -300, -300F, and -400ER Series Airplanes, 55755-55757 [E9-25916]

Download as PDF Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Rules and Regulations the same proportion as his interest in the overall plan. All other participants would be similarly insured. Participants’ interests not capable of evaluation are added together and insured to a maximum of $250,000 in the aggregate (§ 745.9–2). Example 4 Question: Member A has an individual account of $250,000 and establishes an IRA account and accumulates $250,000 in that account. Subsequently, A becomes self-employed and establishes a Keogh account in the same credit union and accumulates $250,000 in that account. What is the insurance coverage? Answer: Each of A’s accounts would be separately insured as follows: the individual account for $250,000, the maximum for that type of account; the IRA account for $250,000, the maximum for that type of account; and the Keogh account for $250,000, the maximum for that type of account. (§§ 745.3(a)(1) and 745.9–2). Example 5 Question: Member A has a selfdirected IRA account with $70,000 in it. The FCU is the trustee of the account. Member transfers $40,000 into a blue chip stock; $30,000 remains in the FCU. What is the insurance coverage? Answer: Originally, the full $70,000 in A’s IRA account is insured. The $40,000 is no longer insured once it is moved out of the FCU. The $30,000 remaining in the FCU is insured (§ 745.9–2). [FR Doc. E9–25921 Filed 10–28–09; 8:45 am] BILLING CODE 7535–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0314; Directorate Identifier 2008–NM–196–AD; Amendment 39–16066; AD 2009–22–13] Airworthiness Directives; Boeing Model 767–200, –300, –300F, and –400ER Series Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. dcolon on DSK2BSOYB1PROD with RULES AGENCY: SUMMARY: We are adopting a new airworthiness directive (AD) for certain Boeing Model 767–200, –300, –300F, and –400ER series airplanes. This AD requires an inspection to determine if certain motor operated valve actuators for the fuel tanks are installed, and related investigative and corrective actions if necessary. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent an ignition source inside the fuel tanks, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane. 14:45 Oct 28, 2009 Jkt 220001 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 RIN 2120–AA64 VerDate Nov<24>2008 DATES: This AD is effective December 3, 2009. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of December 3, 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. We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to certain Boeing Model 767–200,–300, –300F, and –400ER series airplanes. That NPRM was published in the Federal Register on April 7, 2009 (74 FR 15681). That NPRM proposed to require an inspection to determine if certain motor operated valve actuators for the fuel tanks are installed, and related investigative and corrective actions if necessary. Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received. Request To Include an Additional Part Number for Serviceable MOV Actuators ABX Air asks that the NPRM include part number (P/N) MA30A1001 as a serviceable actuator acceptable for PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 55755 installation. ABX states that the NPRM would not allow serviceable actuators having part number MA30A1001 to be installed. ABX adds that requiring installation of only new MOV actuators having P/N MA30A1001 would impose an undue burden on operators. We agree to include installation of serviceable MOV actuators having P/N MA30A1001 in this AD. The intent of the AD is to replace MOV actuators having P/N MA20A1001–1 with a new or serviceable replacement part. We have revised paragraph (h) of this AD to allow installation of serviceable MOV actuators having P/N MA30A1001. Request To Include Revision 1 of the Reference Service Bulletin Boeing asks that paragraphs (c), (g)(1), (g)(2), and (h) of the NPRM be changed to include Revision 1 of Boeing Alert Service Bulletin 767–28A0090, in addition to the original issue, dated July 3, 2008, referred to for the applicability and accomplishing the actions in the NPRM. Boeing states that operators will be burdened with tracking incorporation of Revision 1 as an alternative method of compliance if it is not included in the final rule. We do not agree to include Revision 1 of the referenced service bulletin in this AD, since a revision to Boeing Alert Service Bulletin 767–28A0090, dated July 3, 2008, has not yet been issued. Boeing has informed us that the revision to Boeing Alert Service Bulletin 767– 28A0090, when issued, will not have additional work to be performed and will not expand the scope of the AD. Since Boeing Alert Service Bulletin 767–28A0090 is expected to be revised after issuance of this AD, we might consider approving the revised service bulletin as an alternative method of compliance (AMOC), as provided by paragraph (i)(1) of this AD. Request To Revise the Costs of Compliance Section Boeing also asks that we consider revising the Costs of Compliance section specified in the NPRM to project more accurate cost estimates. Boeing states that the cost estimates do not seem accurate. Boeing adds that the parts costs for the replacement are substantial, and, when the replacement parts costs are added to the costs of labor, estimated work-hours, and the total number of airplanes affected, the cost estimates would be substantially higher than the estimate in the NPRM. We agree that the work-hours for the inspection should be higher than estimated in the NPRM. We have determined that it takes between 2 and 4 work-hours to perform the inspection, E:\FR\FM\29OCR1.SGM 29OCR1 55756 Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Rules and Regulations depending on airplane configuration. We have changed the Costs of Compliance section (below) to expand the work-hour estimate. We do not agree that the parts cost for replacement should be included. The data in the Costs of Compliance section are limited only to the cost of actions actually required by the AD. The cost analysis in AD rulemaking actions does not include the costs of ‘‘on-condition’’ actions (e.g., ‘‘repair or replace, if necessary’’) or replacement parts that are necessary when doing those oncondition actions. Regardless of AD direction, those actions would be required to correct an unsafe condition identified in an airplane and ensure operation of that airplane in an airworthy condition. Therefore, we have made no change to the 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 the AD with the changes described previously. We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. We estimate that this AD affects 397 airplanes of U.S. registry. We also estimate that it takes between 2 and 4 work-hours per product to comply with this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be between $63,520 and $127,040, or between $160 and $320 per product. dcolon on DSK2BSOYB1PROD with RULES Authority for This Rulemaking 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), 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. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Jkt 220001 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: ■ are issuing this AD to prevent an ignition source inside the fuel tanks, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane. Compliance (e) Comply with this AD within the compliance times specified, unless already done. Subject (f) Air Transport Association (ATA) of America Code 28: Fuel. Inspection and Related Investigative/ Corrective Actions (g) Within 60 months after the effective date of this AD, do the actions in paragraphs (g)(1) and (g)(2) of this AD. (1) Inspect the motor operated valves (MOVs) in the main and center fuel tanks to determine if any MOV having part number (P/N) MA20A1001–1 is installed, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 767–28A0090, dated July 3, 2008. A review of airplane maintenance records is acceptable in lieu of this inspection if the part number can be conclusively determined from that review. (2) Do all applicable related investigative and corrective actions specified in and in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 767–28A0090, dated July 3, 2008, except as provided by paragraph (h) of this AD. Alternative Part Numbers (h) Where Boeing Alert Service Bulletin 767–28A0090, dated July 3, 2008, specifies replacing any actuator having P/N MA20A1001–1 with a new actuator having P/N MA30A1001, a serviceable actuator having any of the following part numbers is also acceptable as a replacement part: MA30A1001; MA20A2027 (S343T003–56); MA11A1265–1 (S343T003–41); or AV–31–1 (S343T003–111). Applicability (c) This AD applies to Boeing Model 767– 200, –300, –300F, and –400ER series airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin 767–28A0090, dated July 3, 2008. Alternative Methods of Compliance (AMOCs) (i)(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. 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 principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD. Unsafe Condition (d) This AD results from fuel system reviews conducted by the manufacturer. We Material Incorporated by Reference (j) You must use Boeing Alert Service Bulletin 767–28A0090, dated July 3, 2008, to Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 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 14:45 Oct 28, 2009 Regulatory Findings Adoption of the Amendment Costs of Compliance VerDate Nov<24>2008 products identified in this rulemaking action. [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ■ 2009–22–13 Boeing: Amendment 39–16066. Docket No. FAA–2009–0314; Directorate Identifier 2008–NM–196–AD. Effective Date (a) This airworthiness directive (AD) is effective December 3, 2009. Affected ADs (b) None. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Rules and Regulations do the actions required by this AD, unless the AD specifies otherwise. (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. Issued in Renton, Washington, on October 19, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–25916 Filed 10–28–09; 8:45 am] BILLING CODE 4910–13–P Contactor Assembly (ASCA) box assembly can cause an incorrect interface between the bus bars and fuses. This condition can result in an increase in temperature, which could damage the ASCA box and/or compromise the availability of battery bus supply. The unsafe condition could result in the ignition of a fire in the ASCA box. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective December 3, 2009. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 3, 2009. ADDRESSES: You may examine the AD docket on the Internet at https:// www.regulations.gov or in person at the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Wing Chan, Aerospace Engineer, Avionics and Flight Test Branch, ANE– 172, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone (516) 228–7311; fax (516) 794–5531. SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION Discussion Federal Aviation Administration We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on April 30, 2009 (74 FR 19902). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: 14 CFR Part 39 [Docket No. FAA–2009–0399; Directorate Identifier 2008–NM–226–AD; Amendment 39–16060; AD 2009–22–09] RIN 2120–AA64 Airworthiness Directives; Bombardier Model CL–600–2C10 (Regional Jet Series 700, 701 & 702), CL–600–2D15 (Regional Jet Series 705), and CL–600– 2D24 (Regional Jet Series 900) Airplanes dcolon on DSK2BSOYB1PROD with RULES AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: A change in dimensions of the fuse blocks in the Auxiliary Power Unit (APU) Start VerDate Nov<24>2008 14:45 Oct 28, 2009 Jkt 220001 A change in dimensions of the fuse blocks in the Auxiliary Power Unit (APU) Start Contactor Assembly (ASCA) box assembly can cause an incorrect interface between the bus bars and fuses. This condition can result in an increase in temperature, which could damage the ASCA box and/or compromise the availability of battery bus supply. The unsafe condition could result in the ignition of a fire in the ASCA box. The required actions include inspecting the ASCA boxes to determine the part number; and for certain ASCA boxes, doing a detailed inspection of the fuse block date code, and replacing the fuse block with new hardware if necessary. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We considered the comment received. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 55757 Request To Change Compliance Time for Replacement American Eagle Airlines (AEA) requests that the compliance time in paragraph (f)(1) of the NPRM for replacing the fuse blocks be changed from ‘‘before further flight’’ to within 1,500 flight hours after the effective date of this AD. AEA explains that the new compliance time will give operators the benefit of knowing how much downtime will be needed to replace the fuse blocks, while keeping to the restrictions of 1,500 flight hours required for inspecting the ASCA box. We disagree with the request. While we recognize that changing the compliance time for replacing the fuse blocks from ‘‘before further flight’’ to within 1,500 flight hours after the effective date of this AD benefits the operators in their planning, we find that, to achieve an adequate level of safety for the affected airplanes, fuse blocks known to be un-airworthy must be replaced before further flight. We have made no change to this AD in this regard. Request To Allow a Records Check in Lieu of Inspection To Determine Part Number AEA requests that a records check be allowed, if sufficient records exist, to comply with the inspection of the ASCA box to determine the part numbers. AEA explains that the records check would potentially prevent unnecessary inspections. We agree. We have determined that a review of the airplane maintenance records is acceptable in lieu of the inspection to determine the part number of the ASCA boxes if the part number of the ASCA boxes can be conclusively determined from that review. We have revised paragraph (f)(1) of this AD accordingly. Conclusion We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the change described previously. We determined that this change will not increase the economic burden on any operator or increase the scope of the AD. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ E:\FR\FM\29OCR1.SGM 29OCR1

Agencies

[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Rules and Regulations]
[Pages 55755-55757]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25916]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0314; Directorate Identifier 2008-NM-196-AD; 
Amendment 39-16066; AD 2009-22-13]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200, -300, -300F, and 
-400ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Boeing Model 767-200, -300, -300F, and -400ER series airplanes. This AD 
requires an inspection to determine if certain motor operated valve 
actuators for the fuel tanks are installed, and related investigative 
and corrective actions if necessary. This AD results from fuel system 
reviews conducted by the manufacturer. We are issuing this AD to 
prevent an ignition source inside the fuel tanks, which, in combination 
with flammable fuel vapors, could result in a fuel tank explosion and 
consequent loss of the airplane.

DATES: This AD is effective December 3, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 3, 
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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain Boeing Model 767-200,-300, -300F, and -400ER series airplanes. 
That NPRM was published in the Federal Register on April 7, 2009 (74 FR 
15681). That NPRM proposed to require an inspection to determine if 
certain motor operated valve actuators for the fuel tanks are 
installed, and related investigative and corrective actions if 
necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Include an Additional Part Number for Serviceable MOV 
Actuators

    ABX Air asks that the NPRM include part number (P/N) MA30A1001 as a 
serviceable actuator acceptable for installation. ABX states that the 
NPRM would not allow serviceable actuators having part number MA30A1001 
to be installed. ABX adds that requiring installation of only new MOV 
actuators having P/N MA30A1001 would impose an undue burden on 
operators.
    We agree to include installation of serviceable MOV actuators 
having P/N MA30A1001 in this AD. The intent of the AD is to replace MOV 
actuators having P/N MA20A1001-1 with a new or serviceable replacement 
part. We have revised paragraph (h) of this AD to allow installation of 
serviceable MOV actuators having P/N MA30A1001.

Request To Include Revision 1 of the Reference Service Bulletin

    Boeing asks that paragraphs (c), (g)(1), (g)(2), and (h) of the 
NPRM be changed to include Revision 1 of Boeing Alert Service Bulletin 
767-28A0090, in addition to the original issue, dated July 3, 2008, 
referred to for the applicability and accomplishing the actions in the 
NPRM. Boeing states that operators will be burdened with tracking 
incorporation of Revision 1 as an alternative method of compliance if 
it is not included in the final rule.
    We do not agree to include Revision 1 of the referenced service 
bulletin in this AD, since a revision to Boeing Alert Service Bulletin 
767-28A0090, dated July 3, 2008, has not yet been issued. Boeing has 
informed us that the revision to Boeing Alert Service Bulletin 767-
28A0090, when issued, will not have additional work to be performed and 
will not expand the scope of the AD. Since Boeing Alert Service 
Bulletin 767-28A0090 is expected to be revised after issuance of this 
AD, we might consider approving the revised service bulletin as an 
alternative method of compliance (AMOC), as provided by paragraph 
(i)(1) of this AD.

Request To Revise the Costs of Compliance Section

    Boeing also asks that we consider revising the Costs of Compliance 
section specified in the NPRM to project more accurate cost estimates. 
Boeing states that the cost estimates do not seem accurate. Boeing adds 
that the parts costs for the replacement are substantial, and, when the 
replacement parts costs are added to the costs of labor, estimated 
work-hours, and the total number of airplanes affected, the cost 
estimates would be substantially higher than the estimate in the NPRM.
    We agree that the work-hours for the inspection should be higher 
than estimated in the NPRM. We have determined that it takes between 2 
and 4 work-hours to perform the inspection,

[[Page 55756]]

depending on airplane configuration. We have changed the Costs of 
Compliance section (below) to expand the work-hour estimate.
    We do not agree that the parts cost for replacement should be 
included. The data in the Costs of Compliance section are limited only 
to the cost of actions actually required by the AD. The cost analysis 
in AD rulemaking actions does not include the costs of ``on-condition'' 
actions (e.g., ``repair or replace, if necessary'') or replacement 
parts that are necessary when doing those on-condition actions. 
Regardless of AD direction, those actions would be required to correct 
an unsafe condition identified in an airplane and ensure operation of 
that airplane in an airworthy condition. Therefore, we have made no 
change to the 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 
the AD with the changes described previously. We also determined that 
these changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 397 airplanes of U.S. registry. We 
also estimate that it takes between 2 and 4 work-hours per product to 
comply with this AD. The average labor rate is $80 per work-hour. Based 
on these figures, we estimate the cost of this AD to the U.S. operators 
to be between $63,520 and $127,040, or between $160 and $320 per 
product.

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), 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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 FAA amends Sec.  39.13 by adding the following new AD:

2009-22-13 Boeing: Amendment 39-16066. Docket No. FAA-2009-0314; 
Directorate Identifier 2008-NM-196-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective December 3, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, -300F, and -
400ER series airplanes, certificated in any category; as identified 
in Boeing Alert Service Bulletin 767-28A0090, dated July 3, 2008.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent an ignition source 
inside the fuel tanks, which, in combination with flammable fuel 
vapors, could result in a fuel tank explosion and consequent loss of 
the airplane.

Compliance

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

Subject

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

Inspection and Related Investigative/Corrective Actions

    (g) Within 60 months after the effective date of this AD, do the 
actions in paragraphs (g)(1) and (g)(2) of this AD.
    (1) Inspect the motor operated valves (MOVs) in the main and 
center fuel tanks to determine if any MOV having part number (P/N) 
MA20A1001-1 is installed, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-28A0090, dated 
July 3, 2008. A review of airplane maintenance records is acceptable 
in lieu of this inspection if the part number can be conclusively 
determined from that review.
    (2) Do all applicable related investigative and corrective 
actions specified in and in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-28A0090, dated 
July 3, 2008, except as provided by paragraph (h) of this AD.

Alternative Part Numbers

    (h) Where Boeing Alert Service Bulletin 767-28A0090, dated July 
3, 2008, specifies replacing any actuator having P/N MA20A1001-1 
with a new actuator having P/N MA30A1001, a serviceable actuator 
having any of the following part numbers is also acceptable as a 
replacement part: MA30A1001; MA20A2027 (S343T003-56); MA11A1265-1 
(S343T003-41); or AV-31-1 (S343T003-111).

Alternative Methods of Compliance (AMOCs)

    (i)(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. 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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (j) You must use Boeing Alert Service Bulletin 767-28A0090, 
dated July 3, 2008, to

[[Page 55757]]

do the actions required by this AD, unless the AD specifies 
otherwise.
    (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.

    Issued in Renton, Washington, on October 19, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-25916 Filed 10-28-09; 8:45 am]
BILLING CODE 4910-13-P

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