Airworthiness Directives; The Boeing Company Model 767-200, -300, -300F, and -400ER Series Airplanes, 68515-68518 [E9-30420]
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Federal Register / Vol. 74, No. 247 / Monday, December 28, 2009 / Rules and Regulations
Material Incorporated by Reference
(m) You must use Boeing Service Bulletin
737–32–1376, Revision 2, dated August 6,
2008, to 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
December 4, 2009.
Michael J. Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E9–29964 Filed 12–24–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–1195; Directorate
Identifier 2009–NM–152–AD; Amendment
39–16145; AD 2008–11–01 R1]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Model 767–200, –300, –300F,
and –400ER Series Airplanes
erowe on DSK5CLS3C1PROD with RULES
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
Examining the AD Docket
SUMMARY: The FAA is revising an
existing airworthiness directive (AD),
which applies to certain Model 767–
200, –300, –300F, and –400ER series
airplanes. That AD currently requires
revising the FAA-approved maintenance
program to incorporate new
airworthiness limitations (AWLs) for
fuel tank systems to satisfy Special
Federal Aviation Regulation No. 88
VerDate Nov<24>2008
10:44 Dec 24, 2009
Jkt 220001
requirements. That AD also requires an
initial inspection to phase in certain
repetitive AWL inspections, and repair
if necessary. This AD clarifies the
intended effect of the AD on spare and
on-airplane fuel tank system
components. This AD results from a
design review of the fuel tank systems.
We are issuing this AD to prevent the
potential for ignition sources inside fuel
tanks caused by latent failures,
alterations, repairs, or maintenance
actions, 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 January 12,
2010.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of January 12, 2010.
On June 25, 2008 (73 FR 29414, May
21, 2008), the Director of the Federal
Register approved the incorporation by
reference of a certain other publication
listed in the AD.
We must receive any comments on
this AD by February 26, 2010.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
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.
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 street address for
the Docket Office (telephone 800–647–
PO 00000
Frm 00039
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68515
5527) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Douglas Bryant, Aerospace Engineer,
Propulsion Branch, ANM–140S, Seattle
Aircraft Certification Office, FAA, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 917–6505;
fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Discussion
On May 8, 2008, we issued AD 2008–
11–01, Amendment 39–15523 (73 FR
29414, May 21, 2008). That AD applied
to certain Model 767–200, –300, –300F,
and –400ER series airplanes. That AD
required revising the FAA-approved
maintenance program to incorporate
new airworthiness limitations (AWLs)
for fuel tank systems to satisfy Special
Federal Aviation Regulation No. 88
requirements. That AD also required an
initial inspection to phase in certain
repetitive AWL inspections, and repair
if necessary. That AD resulted from a
design review of the fuel tank systems.
The actions specified in that AD are
intended to prevent the potential for
ignition sources inside fuel tanks caused
by latent failures, alterations, repairs, or
maintenance actions, which, in
combination with flammable fuel
vapors, could result in a fuel tank
explosion and consequent loss of the
airplane.
Critical design configuration control
limitations (CDCCLs) are limitation
requirements to preserve a critical
ignition source prevention feature of the
fuel tank system design that is necessary
to prevent the occurrence of an unsafe
condition. The purpose of a CDCCL is
to provide instruction to retain the
critical ignition source prevention
feature during configuration change that
may be caused by alterations, repairs, or
maintenance actions. A CDCCL is not a
periodic inspection.
Actions Since AD Was Issued
Since we issued that AD, we have
determined that it is necessary to clarify
the AD’s intended effect on spare and
on-airplane fuel tank system
components, regarding the use of
maintenance manuals and instructions
for continued airworthiness.
Section 91.403(c) of the Federal
Aviation Regulations (14 CFR 91.403(c))
specifies the following:
No person may operate an aircraft for
which a manufacturer’s maintenance manual
or instructions for continued airworthiness
has been issued that contains an
airworthiness limitation section unless the
mandatory * * * procedures * * * have
been complied with.
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Federal Register / Vol. 74, No. 247 / Monday, December 28, 2009 / Rules and Regulations
Some operators have questioned
whether existing components affected
by the new CDCCLs must be reworked.
We did not intend for the AD to
retroactively require rework of
components that had been maintained
using acceptable methods before the
effective date of the AD. Owners and
operators of the affected airplanes
therefore are not required to rework
affected components identified as
airworthy or installed on the affected
airplanes before the required revisions
of the FAA-approved maintenance
program. But once the CDCCLs are
incorporated into the FAA-approved
maintenance program, future
maintenance actions on components
must be done in accordance with those
CDCCLs.
Relevant Service Information
AD 2008–11–01 cites Section 9 of the
Boeing 767 Maintenance Planning Data
(MPD) Document, D622T001–9,
Revision April 2008. Since we issued
that AD, Boeing has revised the
referenced service information. We have
reviewed Section 9 of the Boeing 767
MPD Document, D622T001–9, Revision
May 2009. The changes included in
Subsection D of Section 9 of the Boeing
767 MPD Document, D622T001–9,
Revision May 2009, are for clarification
only, and either Revision April 2008 or
Revision May 2009 of the Boeing 767
MPD Document are acceptable. There
are no changes to Subsection E of
Section 9 in Revision May 2009 of the
Boeing 767 MPD Document.
FAA’s Determination and Requirements
of This AD
The unsafe condition described
previously is likely to exist or develop
on other airplanes of the same type
design. For this reason, we are issuing
this AD to revise AD 2008–11–01. This
new AD retains the requirements of the
existing AD, and adds a new note to
clarify the intended effect of the AD on
spare and on-airplane fuel tank system
components. We have renumbered
subsequent notes accordingly.
Explanation of Changes Made to This
Proposed AD
We have revised this AD to identify
the correct legal name of the
manufacturer as published in the most
recent type certificate data sheet for the
affected airplane models.
Explanation of Additional Changes to
AD
AD 2008–11–01 allowed the use of
alternate CDCCLs if they are part of a
later revision of the Boeing 767 MPD
Document, D622T001–9, Revision April
2008. That provision has been removed
from this AD. Allowing the use of ‘‘a
later revision’’ of specific service
documents violates Office of the Federal
Register regulations for approving
materials that are incorporated by
reference. Affected operators, however,
may request approval to use an
alternative CDCCL that is part of a later
revision of the referenced service
documents as an alternative method of
compliance, under the provisions of
paragraph (k) of this AD.
Costs of Compliance
This revision imposes no additional
economic burden. The current costs for
this AD are repeated for the
convenience of affected operators, as
follows:
There are about 824 airplanes of the
affected design in the worldwide fleet.
The following table provides the
estimated costs, at an average labor rate
of $80 per work hour, for U.S. operators
to comply with this AD.
ESTIMATED COSTS
Action
Work hours
Maintenance program revision ...............................................
Inspections .............................................................................
FAA’s Justification and Determination
of the Effective Date
This revision merely clarifies the
intended effect on spare and on-airplane
fuel tank system components, and
makes no substantive change to the
AD’s requirements. For this reason, it is
found that notice and opportunity for
prior public comment for this action are
unnecessary, and good cause exists for
making this amendment effective in less
than 30 days.
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Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not provide you with notice and
an opportunity to provide your
comments before it becomes effective.
However, we invite you to send any
written data, views, or arguments about
this AD. Send your comments to an
address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2009–1195; Directorate Identifier 2009–
VerDate Nov<24>2008
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Parts
8
8
None ...........
None ...........
NM–152–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this AD. We will consider all
comments received by the closing date
and may amend this AD because of
those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this AD.
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.
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Cost
per airplane
Sfmt 4700
$640
$640
Number of
U.S.-registered
airplanes
332
332
Fleet cost
$212,480
$212,480
We are issuing this rulemaking under
the authority described in subtitle VII,
part A, subpart III, section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
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Federal Register / Vol. 74, No. 247 / Monday, December 28, 2009 / Rules and Regulations
For the reasons discussed above, I
certify that the regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); 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 part 39 of the Federal
Aviation Regulations (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 FAA amends § 39.13 by
removing Amendment 39–15523 (73 FR
29414, May 21, 2008) and adding the
following new AD:
■
2008–11–01 R1 The Boeing Company:
Amendment 39–16145. Docket No.
FAA–2009–1195; Directorate Identifier
2009–NM–152–AD.
Effective Date
(a) This airworthiness directive (AD) is
effective January 12, 2010.
Affected ADs
(b) This AD revises AD 2008–11–01,
Amendment 39–15523.
Restatement of Requirements of AD 2008–
11–01, With Revised Compliance Method
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Applicability
(c) This AD applies to The Boeing
Company Model 767–200, –300, –300F, and
VerDate Nov<24>2008
10:44 Dec 24, 2009
Jkt 220001
–400ER series airplanes, certificated in any
category; with an original standard
airworthiness certificate or original export
certificate of airworthiness issued before
April 22, 2006.
Note 1: Airplanes with an original standard
airworthiness certificate or original export
certificate of airworthiness issued on or after
April 22, 2006, must already be in
compliance with the airworthiness
limitations specified in this AD because
those limitations were applicable as part of
the airworthiness certification of those
airplanes.
Note 2: This AD requires revisions to
certain operator maintenance documents to
include new inspections. Compliance with
these inspections is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired in
the areas addressed by these inspections, the
operator may not be able to accomplish the
inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c),
the operator must request approval for an
alternative method of compliance (AMOC)
according to paragraph (k) of this AD. The
request should include a description of
changes to the required inspections that will
ensure the continued operational safety of
the airplane.
Unsafe Condition
(d) This AD results from a design review
of the fuel tank systems. We are issuing this
AD to prevent the potential for ignition
sources inside fuel tanks caused by latent
failures, alterations, repairs, or maintenance
actions, which, in combination with
flammable fuel vapors, could result in a fuel
tank explosion 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.
Service Information Reference
(f) The term ‘‘Revision April 2008 of the
MPD,’’ as used in this AD, means Section 9
of the Boeing 767 Maintenance Planning Data
(MPD) Document, D622T001–9, Revision
April 2008. The term ‘‘Revision May 2009 of
the MPD,’’ as used in this AD, means Section
9 of the Boeing 767 Maintenance Planning
Data (MPD) Document D622T001–9, Revision
May 2009.
Maintenance Program Revision
(g) Before December 16, 2008, revise the
FAA-approved maintenance program by
incorporating the information in the
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68517
subsections specified in paragraphs (g)(1) and
(g)(2) of this AD; except that the initial
inspections specified in Table 1 of this AD
must be done at the compliance times
specified in Table 1 of this AD; and except
that the task interval for AWL No. 28–AWL–
05 is 72 months.
(1) Subsection D, ‘‘AIRWORTHINESS
LIMITATIONS—SYSTEMS,’’ of Revision
April 2008 or Revision May 2009 of the MPD.
(2) Subsection E, ‘‘PAGE FORMAT: FUEL
SYSTEMS AIRWORTHINESS
LIMITATIONS,’’ AWLs No. 28–AWL–01
through No. 28–AWL–26 inclusive, of
Revision April 2008 or Revision May 2009 of
the MPD. As an optional action, AWLs No.
28–AWL–27 and No. 28–AWL–28, as
identified in Subsection E of Revision April
2008 or Revision May 2009 of the MPD, also
may be incorporated into the FAA-approved
maintenance program.
Initial Inspections and Repair if Necessary
(h) Do the inspections specified in Table 1
of this AD at the compliance time specified
in Table 1 of this AD, and repair any
discrepancy, in accordance with Subsection
D, ‘‘AIRWORTHINESS LIMITATIONS—
SYSTEMS,’’ of Revision April 2008 or
Revision May 2009 of the MPD. The repair
must be done before further flight.
Accomplishing the inspections identified in
Table 1 of this AD as part of an FAAapproved maintenance program before the
applicable compliance time specified in
Table 1 of this AD constitutes compliance
with the requirements of this paragraph.
Note 3: 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.’’
Note 4: For the purposes of this AD, a
special detailed inspection is: ‘‘An intensive
examination of a specific item, installation,
or assembly to detect damage, failure, or
irregularity. The examination is likely to
make extensive use of specialized inspection
techniques and/or equipment. Intricate
cleaning and substantial access or
disassembly procedure may be required.’’
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Federal Register / Vol. 74, No. 247 / Monday, December 28, 2009 / Rules and Regulations
TABLE 1—INITIAL INSPECTIONS
AWL No.
Compliance time
(whichever occurs later)
Description
Threshold
28–AWL–01 .......
28–AWL–05 .......
28–AWL–18 .......
28–AWL–26 .......
A detailed inspection of external wires
over the center fuel tank for damaged
clamps, wire chafing, and wire bundles in contact with the surface of the
center fuel tank.
A special detailed inspection of the
bulkhead fitting bond for the hydraulic
line tank penetration.
A special detailed inspection of the
lightning shield to ground termination
on the out-of-tank fuel quantity indicating system to verify functional integrity.
A special detailed inspection of the
lightning shield to ground termination
on the out-of-tank surge tank fuel
level sensor to verify functional integrity.
Grace period
Within 144 months since the date of
issuance of the original standard airworthiness certificate or the date of
issuance of the original export certificate of airworthiness.
Within 72 months since the date of
issuance of the original standard airworthiness certificate or the date of
issuance of the original export certificate of airworthiness.
Within 144 months since the date of
issuance of the original standard airworthiness certificate or the date of
issuance of the original export certificate of airworthiness.
Within 144 months since the date of
issuance of the original standard airworthiness certificate or the date of
issuance of the original export certificate of airworthiness.
Within 72 months after June 25, 2008
(the effective date AD 2008–11–01).
New Information
requested using the procedures found in 14
CFR 39.19. Send information to ATTN:
Douglas Bryant, Aerospace Engineer,
Propulsion Branch, ANM–140S, Seattle ACO,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
917–6505; fax (425) 917–6590. Or, e-mail
information to 9-ANM-Seattle-ACO-AMOCRequests@faa.gov.
(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.
(3) AMOCs approved previously in
accordance with AD 2008–11–01,
Amendment 39–15523, are approved as
AMOCs for the corresponding provisions of
this AD.
Explanation of CDCCL Requirements
Material Incorporated by Reference
Note 5: Notwithstanding any other
maintenance or operational requirements,
components that have been identified as
airworthy or installed on the affected
airplanes before the revision of the FAAapproved maintenance program, as required
by paragraph (g) of this AD, do not need to
be reworked in accordance with the CDCCLs.
However, once the FAA-approved
maintenance program has been revised,
future maintenance actions on these
components must be done in accordance
with the CDCCLs.
(l) You must use Section 9 of the Boeing
767 Maintenance Planning Data (MPD)
Document, D622T001–9, Revision April
2008; or Section 9 of the Boeing 767
Maintenance Planning Data (MPD)
Document, D622T001–9, Revision May 2009;
to 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
Section 9 of the Boeing 767 Maintenance
Planning Data (MPD) Document, D622T001–
9, Revision May 2009, under 5 U.S.C. 552(a)
and 1 CFR Part 51.
(2) The Director of the Federal Register
previously approved the incorporation by
reference of Section 9 of the Boeing 767
Maintenance Planning Data (MPD)
Document, D622T001–9, Revision April
No Alternative Inspections, Inspection
Intervals, or Critical Design Configuration
Control Limitations (CDCCLs)
(i) After accomplishing the actions
specified in paragraphs (g) and (h) of this AD,
no alternative inspections, inspection
intervals, or CDCCLs may be used unless the
inspections, intervals, or CDCCLs are
approved as an AMOC, in accordance with
the procedures specified in paragraph (k) of
this AD.
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Credit for Actions Done According to
Previous Revisions of the MPD
(j) Actions done before June 25, 2008, in
accordance with Section 9 of the Boeing 767
Maintenance Planning Data (MPD)
Document, D622T001–9, Revision March
2006; Revision October 2006; Revision
January 2007; Revision October 2007; or
Revision March 2008; are acceptable for
compliance with the corresponding
requirements of paragraphs (g) and (h) of this
AD.
Alternative Methods of Compliance
(AMOCs)
(k)(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
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Within 60 months after June 25, 2008.
Within 24 months after June 25, 2008.
Within 24 months after June 25, 2008.
2008, on June 25, 2008 (73 FR 29414, May
21, 2008).
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P. O. Box 3707, MC 2H–65,
Seattle, Washington 98124–2207; telephone
206–544–5000, extension 1; fax 206–766–
5680; e-mail me.boecom@boeing.com;
Internet https://www.myboeingfleet.com.
(4) 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.
(5) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at 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
December 11, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–30420 Filed 12–24–09; 8:45 am]
BILLING CODE 4910–13–P
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]]>Agencies
[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Rules and Regulations]
[Pages 68515-68518]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30420]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-1195; Directorate Identifier 2009-NM-152-AD;
Amendment 39-16145; AD 2008-11-01 R1]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 767-200, -300,
-300F, and -400ER Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is revising an existing airworthiness directive (AD),
which applies to certain Model 767-200, -300, -300F, and -400ER series
airplanes. That AD currently requires revising the FAA-approved
maintenance program to incorporate new airworthiness limitations (AWLs)
for fuel tank systems to satisfy Special Federal Aviation Regulation
No. 88 requirements. That AD also requires an initial inspection to
phase in certain repetitive AWL inspections, and repair if necessary.
This AD clarifies the intended effect of the AD on spare and on-
airplane fuel tank system components. This AD results from a design
review of the fuel tank systems. We are issuing this AD to prevent the
potential for ignition sources inside fuel tanks caused by latent
failures, alterations, repairs, or maintenance actions, 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 January 12, 2010.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of January 12,
2010.
On June 25, 2008 (73 FR 29414, May 21, 2008), the Director of the
Federal Register approved the incorporation by reference of a certain
other publication listed in the AD.
We must receive any comments on this AD by February 26, 2010.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
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 street address for
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Douglas Bryant, Aerospace Engineer,
Propulsion Branch, ANM-140S, Seattle Aircraft Certification Office,
FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6505; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
On May 8, 2008, we issued AD 2008-11-01, Amendment 39-15523 (73 FR
29414, May 21, 2008). That AD applied to certain Model 767-200, -300, -
300F, and -400ER series airplanes. That AD required revising the FAA-
approved maintenance program to incorporate new airworthiness
limitations (AWLs) for fuel tank systems to satisfy Special Federal
Aviation Regulation No. 88 requirements. That AD also required an
initial inspection to phase in certain repetitive AWL inspections, and
repair if necessary. That AD resulted from a design review of the fuel
tank systems. The actions specified in that AD are intended to prevent
the potential for ignition sources inside fuel tanks caused by latent
failures, alterations, repairs, or maintenance actions, which, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.
Critical design configuration control limitations (CDCCLs) are
limitation requirements to preserve a critical ignition source
prevention feature of the fuel tank system design that is necessary to
prevent the occurrence of an unsafe condition. The purpose of a CDCCL
is to provide instruction to retain the critical ignition source
prevention feature during configuration change that may be caused by
alterations, repairs, or maintenance actions. A CDCCL is not a periodic
inspection.
Actions Since AD Was Issued
Since we issued that AD, we have determined that it is necessary to
clarify the AD's intended effect on spare and on-airplane fuel tank
system components, regarding the use of maintenance manuals and
instructions for continued airworthiness.
Section 91.403(c) of the Federal Aviation Regulations (14 CFR
91.403(c)) specifies the following:
No person may operate an aircraft for which a manufacturer's
maintenance manual or instructions for continued airworthiness has
been issued that contains an airworthiness limitation section unless
the mandatory * * * procedures * * * have been complied with.
[[Page 68516]]
Some operators have questioned whether existing components affected by
the new CDCCLs must be reworked. We did not intend for the AD to
retroactively require rework of components that had been maintained
using acceptable methods before the effective date of the AD. Owners
and operators of the affected airplanes therefore are not required to
rework affected components identified as airworthy or installed on the
affected airplanes before the required revisions of the FAA-approved
maintenance program. But once the CDCCLs are incorporated into the FAA-
approved maintenance program, future maintenance actions on components
must be done in accordance with those CDCCLs.
Relevant Service Information
AD 2008-11-01 cites Section 9 of the Boeing 767 Maintenance
Planning Data (MPD) Document, D622T001-9, Revision April 2008. Since we
issued that AD, Boeing has revised the referenced service information.
We have reviewed Section 9 of the Boeing 767 MPD Document, D622T001-9,
Revision May 2009. The changes included in Subsection D of Section 9 of
the Boeing 767 MPD Document, D622T001-9, Revision May 2009, are for
clarification only, and either Revision April 2008 or Revision May 2009
of the Boeing 767 MPD Document are acceptable. There are no changes to
Subsection E of Section 9 in Revision May 2009 of the Boeing 767 MPD
Document.
FAA's Determination and Requirements of This AD
The unsafe condition described previously is likely to exist or
develop on other airplanes of the same type design. For this reason, we
are issuing this AD to revise AD 2008-11-01. This new AD retains the
requirements of the existing AD, and adds a new note to clarify the
intended effect of the AD on spare and on-airplane fuel tank system
components. We have renumbered subsequent notes accordingly.
Explanation of Changes Made to This Proposed AD
We have revised this AD to identify the correct legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.
Explanation of Additional Changes to AD
AD 2008-11-01 allowed the use of alternate CDCCLs if they are part
of a later revision of the Boeing 767 MPD Document, D622T001-9,
Revision April 2008. That provision has been removed from this AD.
Allowing the use of ``a later revision'' of specific service documents
violates Office of the Federal Register regulations for approving
materials that are incorporated by reference. Affected operators,
however, may request approval to use an alternative CDCCL that is part
of a later revision of the referenced service documents as an
alternative method of compliance, under the provisions of paragraph (k)
of this AD.
Costs of Compliance
This revision imposes no additional economic burden. The current
costs for this AD are repeated for the convenience of affected
operators, as follows:
There are about 824 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs, at
an average labor rate of $80 per work hour, for U.S. operators to
comply with this AD.
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work hours Parts Cost per registered Fleet cost
airplane airplanes
----------------------------------------------------------------------------------------------------------------
Maintenance program revision. 8 None............. $640 332 $212,480
Inspections.................. 8 None............. $640 332 $212,480
----------------------------------------------------------------------------------------------------------------
FAA's Justification and Determination of the Effective Date
This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change
to the AD's requirements. For this reason, it is found that notice and
opportunity for prior public comment for this action are unnecessary,
and good cause exists for making this amendment effective in less than
30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2009-1195; Directorate Identifier 2009-NM-152-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
[[Page 68517]]
For the reasons discussed above, I certify that the regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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 part 39 of the Federal Aviation Regulations (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 removing Amendment 39-15523 (73 FR
29414, May 21, 2008) and adding the following new AD:
2008-11-01 R1 The Boeing Company: Amendment 39-16145. Docket No.
FAA-2009-1195; Directorate Identifier 2009-NM-152-AD.
Effective Date
(a) This airworthiness directive (AD) is effective January 12,
2010.
Affected ADs
(b) This AD revises AD 2008-11-01, Amendment 39-15523.
Restatement of Requirements of AD 2008-11-01, With Revised Compliance
Method
Applicability
(c) This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category;
with an original standard airworthiness certificate or original
export certificate of airworthiness issued before April 22, 2006.
Note 1: Airplanes with an original standard airworthiness
certificate or original export certificate of airworthiness issued
on or after April 22, 2006, must already be in compliance with the
airworthiness limitations specified in this AD because those
limitations were applicable as part of the airworthiness
certification of those airplanes.
Note 2: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance (AMOC)
according to paragraph (k) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.
Unsafe Condition
(d) This AD results from a design review of the fuel tank
systems. We are issuing this AD to prevent the potential for
ignition sources inside fuel tanks caused by latent failures,
alterations, repairs, or maintenance actions, which, in combination
with flammable fuel vapors, could result in a fuel tank explosion
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.
Service Information Reference
(f) The term ``Revision April 2008 of the MPD,'' as used in this
AD, means Section 9 of the Boeing 767 Maintenance Planning Data
(MPD) Document, D622T001-9, Revision April 2008. The term ``Revision
May 2009 of the MPD,'' as used in this AD, means Section 9 of the
Boeing 767 Maintenance Planning Data (MPD) Document D622T001-9,
Revision May 2009.
Maintenance Program Revision
(g) Before December 16, 2008, revise the FAA-approved
maintenance program by incorporating the information in the
subsections specified in paragraphs (g)(1) and (g)(2) of this AD;
except that the initial inspections specified in Table 1 of this AD
must be done at the compliance times specified in Table 1 of this
AD; and except that the task interval for AWL No. 28-AWL-05 is 72
months.
(1) Subsection D, ``AIRWORTHINESS LIMITATIONS--SYSTEMS,'' of
Revision April 2008 or Revision May 2009 of the MPD.
(2) Subsection E, ``PAGE FORMAT: FUEL SYSTEMS AIRWORTHINESS
LIMITATIONS,'' AWLs No. 28-AWL-01 through No. 28-AWL-26 inclusive,
of Revision April 2008 or Revision May 2009 of the MPD. As an
optional action, AWLs No. 28-AWL-27 and No. 28-AWL-28, as identified
in Subsection E of Revision April 2008 or Revision May 2009 of the
MPD, also may be incorporated into the FAA-approved maintenance
program.
Initial Inspections and Repair if Necessary
(h) Do the inspections specified in Table 1 of this AD at the
compliance time specified in Table 1 of this AD, and repair any
discrepancy, in accordance with Subsection D, ``AIRWORTHINESS
LIMITATIONS--SYSTEMS,'' of Revision April 2008 or Revision May 2009
of the MPD. The repair must be done before further flight.
Accomplishing the inspections identified in Table 1 of this AD as
part of an FAA-approved maintenance program before the applicable
compliance time specified in Table 1 of this AD constitutes
compliance with the requirements of this paragraph.
Note 3: 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.''
Note 4: For the purposes of this AD, a special detailed
inspection is: ``An intensive examination of a specific item,
installation, or assembly to detect damage, failure, or
irregularity. The examination is likely to make extensive use of
specialized inspection techniques and/or equipment. Intricate
cleaning and substantial access or disassembly procedure may be
required.''
[[Page 68518]]
Table 1--Initial Inspections
------------------------------------------------------------------------
Compliance time (whichever
occurs later)
AWL No. Description ---------------------------------
Threshold Grace period
------------------------------------------------------------------------
28-AWL-01............ A detailed Within 144 Within 72
inspection of months since months after
external wires the date of June 25, 2008
over the issuance of (the effective
center fuel the original date AD 2008-
tank for standard 11-01).
damaged airworthiness
clamps, wire certificate or
chafing, and the date of
wire bundles issuance of
in contact the original
with the export
surface of the certificate of
center fuel airworthiness.
tank.
28-AWL-05............ A special Within 72 Within 60
detailed months since months after
inspection of the date of June 25, 2008.
the bulkhead issuance of
fitting bond the original
for the standard
hydraulic line airworthiness
tank certificate or
penetration. the date of
issuance of
the original
export
certificate of
airworthiness.
28-AWL-18............ A special Within 144 Within 24
detailed months since months after
inspection of the date of June 25, 2008.
the lightning issuance of
shield to the original
ground standard
termination on airworthiness
the out-of- certificate or
tank fuel the date of
quantity issuance of
indicating the original
system to export
verify certificate of
functional airworthiness.
integrity.
28-AWL-26............ A special Within 144 Within 24
detailed months since months after
inspection of the date of June 25, 2008.
the lightning issuance of
shield to the original
ground standard
termination on airworthiness
the out-of- certificate or
tank surge the date of
tank fuel issuance of
level sensor the original
to verify export
functional certificate of
integrity. airworthiness.
------------------------------------------------------------------------
No Alternative Inspections, Inspection Intervals, or Critical Design
Configuration Control Limitations (CDCCLs)
(i) After accomplishing the actions specified in paragraphs (g)
and (h) of this AD, no alternative inspections, inspection
intervals, or CDCCLs may be used unless the inspections, intervals,
or CDCCLs are approved as an AMOC, in accordance with the procedures
specified in paragraph (k) of this AD.
Credit for Actions Done According to Previous Revisions of the MPD
(j) Actions done before June 25, 2008, in accordance with
Section 9 of the Boeing 767 Maintenance Planning Data (MPD)
Document, D622T001-9, Revision March 2006; Revision October 2006;
Revision January 2007; Revision October 2007; or Revision March
2008; are acceptable for compliance with the corresponding
requirements of paragraphs (g) and (h) of this AD.
New Information
Explanation of CDCCL Requirements
Note 5: Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the FAA-
approved maintenance program, as required by paragraph (g) of this
AD, do not need to be reworked in accordance with the CDCCLs.
However, once the FAA-approved maintenance program has been revised,
future maintenance actions on these components must be done in
accordance with the CDCCLs.
Alternative Methods of Compliance (AMOCs)
(k)(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, Seattle ACO, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone (425) 917-6505; fax (425) 917-6590. Or, e-mail
information to 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(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.
(3) AMOCs approved previously in accordance with AD 2008-11-01,
Amendment 39-15523, are approved as AMOCs for the corresponding
provisions of this AD.
Material Incorporated by Reference
(l) You must use Section 9 of the Boeing 767 Maintenance
Planning Data (MPD) Document, D622T001-9, Revision April 2008; or
Section 9 of the Boeing 767 Maintenance Planning Data (MPD)
Document, D622T001-9, Revision May 2009; to 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 Section 9 of the Boeing 767
Maintenance Planning Data (MPD) Document, D622T001-9, Revision May
2009, under 5 U.S.C. 552(a) and 1 CFR Part 51.
(2) The Director of the Federal Register previously approved the
incorporation by reference of Section 9 of the Boeing 767
Maintenance Planning Data (MPD) Document, D622T001-9, Revision April
2008, on June 25, 2008 (73 FR 29414, May 21, 2008).
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax 206-766-5680; e-mail
me.boecom@boeing.com; Internet https://www.myboeingfleet.com.
(4) 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.
(5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at 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 December 11, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-30420 Filed 12-24-09; 8:45 am]
BILLING CODE 4910-13-P
