Airworthiness Directives; The Boeing Company Model 767-200, -300, and -300F Series Airplanes, 15322-15325 [2010-5856]

Download as PDF 15322 Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Rules and Regulations We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office 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 Operations office (telephone (800) 647–5527) is provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. 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 FAA amends § 39.13 by adding the following new AD: ■ 2010–06–14 Rolls-Royce plc: Amendment 39–16239. Docket No. FAA–2009–1004; Directorate Identifier 2009–NE–36–AD. Effective Date (a) This airworthiness directive (AD) becomes effective May 3, 2010. Affected ADs (b) None. PWALKER on DSK8KYBLC1PROD with RULES Applicability (c) This AD applies to Rolls-Royce plc models RB211–Trent 875–17, Trent 877–17, Trent 884–17, Trent 884B–17, Trent 892–17, Trent 892B–17, and Trent 895–17 turbofan engines. These engines are installed on, but not limited to, Boeing 777 series airplanes. Reason (d) During 2004, an incident was reported involving uncontained multiple intermediate-pressure (IP) turbine blade release on a Trent 700 engine. The blade release was the result of an overspeed of the IP turbine rotor that was initiated by an internal fire in the high-pressure/ intermediate-pressure (HP/IP) bearing chamber. Post-incident analysis and investigation has established that blockage of the HP/IP turbine bearing oil vent tube due VerDate Nov<24>2008 15:58 Mar 26, 2010 Jkt 220001 to carbon deposits was a significant factor in the failure sequence. The Trent 800 has a similar type design standard to that of the Trent 700 and has also been found in service to be susceptible to carbon deposits in the oil vent tube. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. We are issuing this AD to prevent internal oil fires due to coking and carbon buildup in the HP/ IP turbine bearing oil vent tube that could cause uncontained engine failure and damage to the airplane. Actions and Compliance (e) Unless already done, do the following actions. (1) At the next engine shop visit after the effective date of this AD and thereafter at each engine shop visit, using the Accomplishment Instructions of Rolls-Royce plc Alert Service Bulletin No. RB.211–72– AE362, Revision 1, dated April 3, 2009: (i) Inspect the HP/IP turbine bearing internal and external oil vent tubes and bearing chamber for carbon buildup. (ii) Clean and flush the tubes and bearing chamber as required. (iii) Reject any oil vent tubes that do not meet inspection requirements after cleaning. (2) This AD does not require reporting of inspection results, as does paragraphs 3.B.(4)(g) and 3.C.(9) of Rolls-Royce plc Alert Service Bulletin No. RB.211–72–AE362, Revision 1, dated April 3, 2009. FAA AD Differences (f) None. Alternative Methods of Compliance (AMOCs) (g) The Manager, Engine Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Related Information (h) Refer to MCAI European Aviation Safety Agency AD 2009–0071 (corrected April 14, 2009), for related information. (i) Contact James Lawrence, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: james.lawrence@faa.gov; telephone (781) 238–7176; fax (781) 238– 7199, for more information about this AD. Material Incorporated by Reference (j) You must use Rolls-Royce plc Alert Service Bulletin No. RB.211–72–AE362, Revision 1, dated April 3, 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 this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For service information identified in this AD, contact Rolls-Royce plc, PO Box 31, Derby, England; telephone: 011–44–1332– 249428; fax: 011–44–1332–249223. (3) You may review copies at the FAA, New England Region, 12 New England PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 Executive Park, Burlington, MA; or 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/cfr/ibrlocations.html. Issued in Burlington, Massachusetts on March 9, 2010. Peter A. White, Assistant Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 2010–5788 Filed 3–26–10; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0978; Directorate Identifier 2008–NM–014–AD; Amendment 39–16234; AD 2010–06–10] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Model 767–200, –300, and –300F Series Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive (AD) for certain Model 767–200, –300, and –300F series airplanes. For certain airplanes, this AD requires installing support hardware and modifying the interfacing wiring of the fuel quantity indicating system (FQIS) densitometer. For certain other airplanes, this AD requires replacing the existing hot short protector (HSP) on the FQIS densitometer with a new HSP. This AD also requires revising the Airworthiness Limitations (AWL) section of the Instructions for Continued Airworthiness to incorporate AWL No. 28–AWL–22. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent the center tank fuel densitometer from overheating and becoming a potential ignition source inside the center fuel tank, which, in combination with flammable fuel vapors, could result in a center fuel tank explosion and consequent loss of the airplane. This AD is effective May 3, 2010. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of May 3, 2010. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data DATES: E:\FR\FM\29MRR1.SGM 29MRR1 Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Rules and Regulations & 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: Georgios Roussos, Aerospace Engineer, Systems and Equipment Branch, ANM– 130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6482; 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 Model 767–200, –300, and –300F series airplanes. That NPRM was published in the Federal Register on July 2, 2009 (74 FR 31640). For certain airplanes, that NPRM proposed to require modifying the fuel quantity indicating system (FQIS) densitometer. For certain other airplanes, that NPRM proposed to require replacing the existing hot short protector (HSP) on the FQIS densitometer with a new HSP. That NPRM also proposed to require revising the Airworthiness Limitations (AWL) section of the Instructions for Continued Airworthiness to incorporate AWL No. 28–AWL–22. PWALKER on DSK8KYBLC1PROD with RULES Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received. Support for the NPRM Continental Airlines has no technical objection to the NPRM. Request To Clarify Certain Language Boeing asks that we clarify certain language in the Summary section of the NPRM, and notes that the fuel quantity indicating system (FQIS) densitometer VerDate Nov<24>2008 15:58 Mar 26, 2010 Jkt 220001 is not being modified as specified in that section. Boeing states that the proposed actions are for the installation of appropriate support hardware and modifications to the densitometer interfacing wiring to install an HSP, or to replace the HSP in a limited number of airplanes. We agree with the Boeing comment. We specified in the Relevant Service Information section of the NPRM that the service bulletin describes procedures for modifying the FQIS densitometer, which include installing new HSP support brackets and grounding brackets, installing an HSP and bonding jumper, rerouting certain wire bundles, and installing new wire bundles. These actions are described in Boeing Service Bulletin 767–28A0094, Revision 1, dated April 23, 2009 (referred to in the NPRM as the appropriate source of service information for accomplishing the actions). However, after further review we have determined that using the phrase ‘‘modifying the FQIS densitometer’’ is too broad. Therefore, for clarification, we have changed that language in the Summary section and paragraph (f) of this AD to specify ‘‘installing support hardware and modifying the interfacing wiring of the FQIS densitometer.’’ Clarification of HSP Replacement Boeing also states, for information only, that there are no safety-related concerns regarding use of the existing HSP. Boeing notes that an operator can choose to replace the existing HSP with a new HSP if it experiences in-service problems with the HSP. Boeing adds that it plans to revise Service Bulletin 767–28A0094, Revision 1, dated April 23, 2009, to remove the only airplane in Group 4; the procedures for Group 4 airplanes require replacement of the existing HSP with a new HSP. We acknowledge the Boeing comment; no change to the AD is necessary in this regard. Request To Extend Compliance Time The Air Transport Association (ATA), on behalf of its member American Airlines (AAL), asks that the compliance time in the NPRM be extended from 60 to 72 months. ATA states that this would allow operators to modify the majority of airplanes during scheduled heavy maintenance visits. ATA adds that the Boeing 767 Maintenance Review Board document recommends heavy maintenance visits at intervals of 72 months, and carrier maintenance programs, facilities, and resources are organized to best support maintenance involving fuel tank entry PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 15323 and sensitive testing at that time. ATA notes that a shorter compliance time could require establishing dedicated modification lines and impose additional impact outside of Part 39 rulemaking. ATA believes that an extension would maintain an acceptable level of safety in view of previous ADs that addressed the same unsafe condition. AAL further states that 28– AWL–22 will now require a loop resistance check of the new wire bundles after installation in order to verify the bonding requirements are being met. Because of the extreme sensitivity of the test equipment, AAL believes that this modification should be accomplished at the same time as the majority of other fuel tank inspections and modifications, which would be at the heavy check. We do not agree with the commenters’ request. In developing an appropriate compliance time for the modification, we considered the safety implications and the practical aspect of accomplishing the modification within a period of time that corresponds to the normal scheduled maintenance for most affected operators. In consideration of these items, we have determined that a 60-month compliance time will ensure an acceptable level of safety and allow the modification to be done during scheduled maintenance intervals for most affected operators. However, under the provisions of paragraph (k)(1) of the AD, we will consider requests to adjust the compliance time if sufficient data are submitted to substantiate that the new compliance time would provide an acceptable level of safety. We have made no change to the AD in this regard. Request To Exclude Cargo-Only Airplanes The ATA, on behalf of its member UPS, asks that all cargo-only airplanes currently in operation be exempt from the NPRM requirements. ATA adds that these airplanes have significantly less exposure to flammable conditions in fuel tanks. UPS notes that changing the maintenance programs to add bonding checks will be sufficient to address the HSP issue in the existing cargo-only airplanes. UPS states that it does not object to new cargo-only airplanes having the HSP installed. We do not agree with the commenters’ request. The unsafe condition identified in this AD has been evaluated under the criteria established for conditions associated with fuel tank systems, as specified in the ‘‘Discussion’’ section of the NPRM. We determined that the actions identified in this AD are necessary to reduce the potential of E:\FR\FM\29MRR1.SGM 29MRR1 15324 Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Rules and Regulations ignition sources inside the center wing tank. The center wing tank has been identified as a high flammability tank under the Special Federal Aviation Regulation No. 88 (‘‘SFAR 88,’’ Amendment 21–78, and subsequent Amendments 21–82 and 21–83), fuel tank safety assessments, and the failure type and fuel tank exposure to flammable conditions were taken into consideration. The type of failure that is addressed in this AD cannot be mitigated by performing bonding checks. Cargo-only airplanes having the same design are still subject to the unsafe condition. We have made no change to the AD in this regard. UPS adds that the cost benefit (analysis) does not justify retrofit on current cargo airplanes. We infer that UPS means that the cost benefit (analysis) does not justify retrofit on current cargo airplanes; we do not agree. The data in the Costs of Compliance section (below) is 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 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, as required by the Federal Aviation Regulations. Therefore, we have made no change to the AD in this regard. Clarification to Final Rule We have revised this final rule to identify the legal name of the manufacturer as published in the most recent type certificate data sheet for the affected airplane models. 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. Explanation of Change to Costs of Compliance Since issuance of the NPRM, we have increased the labor rate used in the Costs of Compliance from $80 per work hour to $85 per work hour. The Costs of Compliance information, below, reflects this increase in the specified hourly labor rate. Costs of Compliance We estimate that this AD affects 192 airplanes of U.S. registry. The following table provides the estimated costs for U.S. operators to comply with this AD. ESTIMATED COSTS Affected airplane groups/action Work hours Group 1, Group 2, Configuration 1, and Group 3, modification. Between 4 and 8. Group 4, replacement .................. AWL revision ................................ 2 ....................... 1 ....................... Authority for This Rulemaking PWALKER on DSK8KYBLC1PROD with RULES Average labor rate per hour 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 VerDate Nov<24>2008 15:58 Mar 26, 2010 Jkt 220001 $85 85 85 Parts Cost per product Between $11,377 and $14,376. Between $11,717 and $15,056. 191 None ................. None ................. 170 ................... 85 ..................... 1 192 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 Accordingly, under the authority delegated to me by the Administrator, ■ PO 00000 Frm 00004 Fmt 4700 Number of U.S.-registered airplanes Sfmt 4700 Fleet cost Between $2,237,947 and $2,875,696. 170. 16,320. 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 FAA amends § 39.13 by adding the following new AD: ■ 2010–06–10 The Boeing Company: Amendment 39–16234. Docket No. FAA–2008–0978; Directorate Identifier 2008–NM–014–AD. Effective Date (a) This airworthiness directive (AD) is effective May 3, 2010. Affected ADs (b) None. Applicability (c) This AD applies to The Boeing Company Model 767–200, –300, and –300F series airplanes, certificated in any category; as identified in Boeing Service Bulletin 767– 28A0094, Revision 1, dated April 23, 2009. E:\FR\FM\29MRR1.SGM 29MRR1 Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Rules and Regulations 15325 Note 1: 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. (1) For Group 1 airplanes, Group 2 airplanes, Configuration 1, and Group 3 airplanes: Install support hardware and modify the interfacing wiring of the FQIS densitometer. (2) For Group 4 airplanes: Replace the existing HSP with a new HSP. Terminating Action for AWL Revision (j) Incorporating AWL No. 28–AWL–22 into the AWL section of the Instructions for Continued Airworthiness in accordance with paragraph (g)(2) of AD 2008–11–01, amendment 39–15523, terminates the action required by paragraph (h) of this AD. Note 2: In Figure 9, Step 8, of the Accomplishment Instructions of Boeing Service Bulletin 767–28A0094, Revision 1, dated April 23, 2009, the ground identification number is identified as GD19393S; however, the correct ground identification number is GD10393S. Unsafe Condition (d) This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent the center tank fuel densitometer from overheating and becoming a potential ignition source inside the center fuel tank, which, in combination with flammable fuel vapors, could result in a center fuel tank explosion and consequent loss of the airplane. (g) Actions done before the effective date of this AD in accordance with Boeing Alert Service Bulletin 767–28A0094, dated November 20, 2007, are acceptable for compliance with the requirements of paragraph (f) 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 requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Georgios Roussos, Aerospace Engineer, Systems and Equipment Branch, ANM–130S, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6482; fax (425) 917–6590. Or, e-mail information to 9ANM-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. Compliance (e) Comply with this AD within the compliance times specified, unless already done. Install Support Hardware and Modify Wiring of the Fuel Quantity Indicating System (FQIS) Densitometer; Replace Hot Short Protector (HSP) (f) Within 60 months after the effective date of this AD, do the actions specified in paragraphs (f)(1) and (f)(2) of this AD, as applicable, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 767–28A0094, Revision 1, dated April 23, 2009. Credit for Service Information Accomplished Previously Airworthiness Limitations (AWL) Revision (h) Concurrently with accomplishing the actions required by paragraph (f) of this AD, revise the AWL section of the Instructions for Continued Airworthiness by incorporating AWL No. 28–AWL–22 into the Boeing 767 Maintenance Planning Data (MPD) Document, D622T001–9, Section 9, Revision May 2009. No Alternative Critical Design Configuration Control Limitations (CDCCL) (i) After the actions specified in paragraph (h) of this AD have been accomplished, no alternative CDCCL for AWL No. 28–AWL–22 may be used, unless the CDCCL is approved as an AMOC in accordance with the procedures specified in paragraph (k) of this AD. Material Incorporated by Reference (l) You must use Boeing Service Bulletin 767–28A0094, Revision 1, dated April 23, 2009; and AWL No. 28–AWL–22 of the Boeing 767 Maintenance Planning Data (MPD) Document, D622T001–9, Section 9, Revision May 2009; as applicable; to do the actions required by this AD, unless the AD specifies otherwise. The Boeing 767 MPD Document, D622T001–9, Section 9, Revision May 2009, contains the following effective pages: LIST OF EFFECTIVE PAGES Page title/description Page No(s). Revision Title Page, MPD Section 9 .................................................... 9.0–1 ......................... 9.0–2 ......................... 9.0–3 ......................... 9.0–4 ......................... 9.0–5—9.0–14 ........... 9.0–15 ....................... 9.0–16 ....................... 9.0–85 ....................... May 2009 .............................................. None Shown * ....................................... May 2009 .............................................. None Shown * ....................................... May 2009 .............................................. May 2009 .............................................. None Shown * ....................................... April 2008 .............................................. Table of Contents, MPD Section 9 ....................................... Revisions, MPD Section 9 .................................................... List of Effective Pages, MPD Section 9 ................................ AWL No. 28–AWL–22 ........................................................... Date shown on page(s) May 2009. None Shown.* May 2009. None Shown.* May 2009. May 2009. None Shown.* April 2008. PWALKER on DSK8KYBLC1PROD with RULES * The dates shown on the pages of Boeing 767 MPD Document D622T001–9, Revision May 2009, are the revision level of those pages. Pages 9.0–2, 9.0–4, and 9.0–16 of Boeing 767 MPD Document D622T001–9, Revision May 2009, are intentionally not dated. (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. VerDate Nov<24>2008 15:58 Mar 26, 2010 Jkt 220001 (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 PO 00000 Frm 00005 Fmt 4700 Sfmt 9990 to: https://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on March 4, 2010. Suzanne Masterson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010–5856 Filed 3–26–10; 8:45 am] BILLING CODE 4910–13–P E:\FR\FM\29MRR1.SGM 29MRR1

Agencies

[Federal Register Volume 75, Number 59 (Monday, March 29, 2010)]
[Rules and Regulations]
[Pages 15322-15325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5856]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0978; Directorate Identifier 2008-NM-014-AD;
Amendment 39-16234; AD 2010-06-10]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 767-200, -300,
and -300F Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Model 767-200, -300, and -300F series airplanes. For certain airplanes,
this AD requires installing support hardware and modifying the
interfacing wiring of the fuel quantity indicating system (FQIS)
densitometer. For certain other airplanes, this AD requires replacing
the existing hot short protector (HSP) on the FQIS densitometer with a
new HSP. This AD also requires revising the Airworthiness Limitations
(AWL) section of the Instructions for Continued Airworthiness to
incorporate AWL No. 28-AWL-22. This AD results from fuel system reviews
conducted by the manufacturer. We are issuing this AD to prevent the
center tank fuel densitometer from overheating and becoming a potential
ignition source inside the center fuel tank, which, in combination with
flammable fuel vapors, could result in a center fuel tank explosion and
consequent loss of the airplane.

DATES: This AD is effective May 3, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 3, 2010.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data

[[Page 15323]]

& 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: Georgios Roussos, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6482; 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 Model 767-200, -300, and -300F series airplanes. That NPRM was
published in the Federal Register on July 2, 2009 (74 FR 31640). For
certain airplanes, that NPRM proposed to require modifying the fuel
quantity indicating system (FQIS) densitometer. For certain other
airplanes, that NPRM proposed to require replacing the existing hot
short protector (HSP) on the FQIS densitometer with a new HSP. That
NPRM also proposed to require revising the Airworthiness Limitations
(AWL) section of the Instructions for Continued Airworthiness to
incorporate AWL No. 28-AWL-22.

Comments

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

Support for the NPRM

Continental Airlines has no technical objection to the NPRM.

Request To Clarify Certain Language

Boeing asks that we clarify certain language in the Summary section
of the NPRM, and notes that the fuel quantity indicating system (FQIS)
densitometer is not being modified as specified in that section. Boeing
states that the proposed actions are for the installation of
appropriate support hardware and modifications to the densitometer
interfacing wiring to install an HSP, or to replace the HSP in a
limited number of airplanes.
We agree with the Boeing comment. We specified in the Relevant
Service Information section of the NPRM that the service bulletin
describes procedures for modifying the FQIS densitometer, which include
installing new HSP support brackets and grounding brackets, installing
an HSP and bonding jumper, rerouting certain wire bundles, and
installing new wire bundles. These actions are described in Boeing
Service Bulletin 767-28A0094, Revision 1, dated April 23, 2009
(referred to in the NPRM as the appropriate source of service
information for accomplishing the actions). However, after further
review we have determined that using the phrase ``modifying the FQIS
densitometer'' is too broad. Therefore, for clarification, we have
changed that language in the Summary section and paragraph (f) of this
AD to specify ``installing support hardware and modifying the
interfacing wiring of the FQIS densitometer.''

Clarification of HSP Replacement

Boeing also states, for information only, that there are no safety-
related concerns regarding use of the existing HSP. Boeing notes that
an operator can choose to replace the existing HSP with a new HSP if it
experiences in-service problems with the HSP. Boeing adds that it plans
to revise Service Bulletin 767-28A0094, Revision 1, dated April 23,
2009, to remove the only airplane in Group 4; the procedures for Group
4 airplanes require replacement of the existing HSP with a new HSP.
We acknowledge the Boeing comment; no change to the AD is necessary
in this regard.

Request To Extend Compliance Time

The Air Transport Association (ATA), on behalf of its member
American Airlines (AAL), asks that the compliance time in the NPRM be
extended from 60 to 72 months. ATA states that this would allow
operators to modify the majority of airplanes during scheduled heavy
maintenance visits. ATA adds that the Boeing 767 Maintenance Review
Board document recommends heavy maintenance visits at intervals of 72
months, and carrier maintenance programs, facilities, and resources are
organized to best support maintenance involving fuel tank entry and
sensitive testing at that time. ATA notes that a shorter compliance
time could require establishing dedicated modification lines and impose
additional impact outside of Part 39 rulemaking. ATA believes that an
extension would maintain an acceptable level of safety in view of
previous ADs that addressed the same unsafe condition. AAL further
states that 28-AWL-22 will now require a loop resistance check of the
new wire bundles after installation in order to verify the bonding
requirements are being met. Because of the extreme sensitivity of the
test equipment, AAL believes that this modification should be
accomplished at the same time as the majority of other fuel tank
inspections and modifications, which would be at the heavy check.
We do not agree with the commenters' request. In developing an
appropriate compliance time for the modification, we considered the
safety implications and the practical aspect of accomplishing the
modification within a period of time that corresponds to the normal
scheduled maintenance for most affected operators. In consideration of
these items, we have determined that a 60-month compliance time will
ensure an acceptable level of safety and allow the modification to be
done during scheduled maintenance intervals for most affected
operators. However, under the provisions of paragraph (k)(1) of the AD,
we will consider requests to adjust the compliance time if sufficient
data are submitted to substantiate that the new compliance time would
provide an acceptable level of safety. We have made no change to the AD
in this regard.

Request To Exclude Cargo-Only Airplanes

The ATA, on behalf of its member UPS, asks that all cargo-only
airplanes currently in operation be exempt from the NPRM requirements.
ATA adds that these airplanes have significantly less exposure to
flammable conditions in fuel tanks. UPS notes that changing the
maintenance programs to add bonding checks will be sufficient to
address the HSP issue in the existing cargo-only airplanes. UPS states
that it does not object to new cargo-only airplanes having the HSP
installed.
We do not agree with the commenters' request. The unsafe condition
identified in this AD has been evaluated under the criteria established
for conditions associated with fuel tank systems, as specified in the
``Discussion'' section of the NPRM. We determined that the actions
identified in this AD are necessary to reduce the potential of

[[Page 15324]]

ignition sources inside the center wing tank. The center wing tank has
been identified as a high flammability tank under the Special Federal
Aviation Regulation No. 88 (``SFAR 88,'' Amendment 21-78, and
subsequent Amendments 21-82 and 21-83), fuel tank safety assessments,
and the failure type and fuel tank exposure to flammable conditions
were taken into consideration. The type of failure that is addressed in
this AD cannot be mitigated by performing bonding checks. Cargo-only
airplanes having the same design are still subject to the unsafe
condition. We have made no change to the AD in this regard.
UPS adds that the cost benefit (analysis) does not justify retrofit
on current cargo airplanes.
We infer that UPS means that the cost benefit (analysis) does not
justify retrofit on current cargo airplanes; we do not agree. The data
in the Costs of Compliance section (below) is 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 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, as required by the Federal
Aviation Regulations. Therefore, we have made no change to the AD in
this regard.

Clarification to Final Rule

We have revised this final rule to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.

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.

Explanation of Change to Costs of Compliance

Since issuance of the NPRM, we have increased the labor rate used
in the Costs of Compliance from $80 per work hour to $85 per work hour.
The Costs of Compliance information, below, reflects this increase in
the specified hourly labor rate.

Costs of Compliance

We estimate that this AD affects 192 airplanes of U.S. registry.
The following table provides the estimated costs for U.S. operators to
comply with this AD.

Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-
Affected airplane groups/action Work hours Average labor Parts Cost per product registered Fleet cost
rate per hour airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Group 1, Group 2, Configuration Between 4 and 8..... $85 Between $11,377 and Between $11,717 and 191 Between $2,237,947
1, and Group 3, modification. $14,376. $15,056. and $2,875,696.
Group 4, replacement............. 2................... 85 None................ 170................. 1 170.
AWL revision..................... 1................... 85 None................ 85.................. 192 16,320.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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:

2010-06-10 The Boeing Company: Amendment 39-16234. Docket No. FAA-
2008-0978; Directorate Identifier 2008-NM-014-AD.

Effective Date

(a) This airworthiness directive (AD) is effective May 3, 2010.

Affected ADs

(b) None.

Applicability

(c) This AD applies to The Boeing Company Model 767-200, -300,
and -300F series airplanes, certificated in any category; as
identified in Boeing Service Bulletin 767-28A0094, Revision 1, dated
April 23, 2009.

[[Page 15325]]

Note 1: 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 fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent the center tank fuel
densitometer from overheating and becoming a potential ignition
source inside the center fuel tank, which, in combination with
flammable fuel vapors, could result in a center fuel tank explosion
and consequent loss of the airplane.

Compliance

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

Install Support Hardware and Modify Wiring of the Fuel Quantity
Indicating System (FQIS) Densitometer; Replace Hot Short Protector
(HSP)

(f) Within 60 months after the effective date of this AD, do the
actions specified in paragraphs (f)(1) and (f)(2) of this AD, as
applicable, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 767-28A0094, Revision 1, dated April 23,
2009.
(1) For Group 1 airplanes, Group 2 airplanes, Configuration 1,
and Group 3 airplanes: Install support hardware and modify the
interfacing wiring of the FQIS densitometer.
(2) For Group 4 airplanes: Replace the existing HSP with a new
HSP.

Note 2: In Figure 9, Step 8, of the Accomplishment Instructions
of Boeing Service Bulletin 767-28A0094, Revision 1, dated April 23,
2009, the ground identification number is identified as GD19393S;
however, the correct ground identification number is GD10393S.

Credit for Service Information Accomplished Previously

(g) Actions done before the effective date of this AD in
accordance with Boeing Alert Service Bulletin 767-28A0094, dated
November 20, 2007, are acceptable for compliance with the
requirements of paragraph (f) of this AD.

Airworthiness Limitations (AWL) Revision

(h) Concurrently with accomplishing the actions required by
paragraph (f) of this AD, revise the AWL section of the Instructions
for Continued Airworthiness by incorporating AWL No. 28-AWL-22 into
the Boeing 767 Maintenance Planning Data (MPD) Document, D622T001-9,
Section 9, Revision May 2009.

No Alternative Critical Design Configuration Control Limitations
(CDCCL)

(i) After the actions specified in paragraph (h) of this AD have
been accomplished, no alternative CDCCL for AWL No. 28-AWL-22 may be
used, unless the CDCCL is approved as an AMOC in accordance with the
procedures specified in paragraph (k) of this AD.

Terminating Action for AWL Revision

(j) Incorporating AWL No. 28-AWL-22 into the AWL section of the
Instructions for Continued Airworthiness in accordance with
paragraph (g)(2) of AD 2008-11-01, amendment 39-15523, terminates
the action required by paragraph (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 requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Georgios Roussos, Aerospace Engineer, Systems and Equipment
Branch, ANM-130S, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6482; 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.

Material Incorporated by Reference

(l) You must use Boeing Service Bulletin 767-28A0094, Revision
1, dated April 23, 2009; and AWL No. 28-AWL-22 of the Boeing 767
Maintenance Planning Data (MPD) Document, D622T001-9, Section 9,
Revision May 2009; as applicable; to do the actions required by this
AD, unless the AD specifies otherwise. The Boeing 767 MPD Document,
D622T001-9, Section 9, Revision May 2009, contains the following
effective pages:

List of Effective Pages
----------------------------------------------------------------------------------------------------------------
Page title/description Page No(s). Revision Date shown on page(s)
----------------------------------------------------------------------------------------------------------------
Title Page, MPD Section 9........ 9.0-1......................... May 2009........... May 2009.
9.0-2......................... None Shown \*\..... None Shown.\*\
Table of Contents, MPD Section 9. 9.0-3......................... May 2009........... May 2009.
9.0-4......................... None Shown \*\..... None Shown.\*\
Revisions, MPD Section 9......... 9.0-5--9.0-14................. May 2009........... May 2009.
List of Effective Pages, MPD 9.0-15........................ May 2009........... May 2009.
Section 9.
9.0-16........................ None Shown \*\..... None Shown.\*\
AWL No. 28-AWL-22................ 9.0-85........................ April 2008......... April 2008.
----------------------------------------------------------------------------------------------------------------
* The dates shown on the pages of Boeing 767 MPD Document D622T001-9, Revision May 2009, are the revision level
of those pages. Pages 9.0-2, 9.0-4, and 9.0-16 of Boeing 767 MPD Document D622T001-9, Revision May 2009, are
intentionally not dated.

(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 March 4, 2010.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-5856 Filed 3-26-10; 8:45 am]
BILLING CODE 4910-13-P

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