Airworthiness Directives; The Boeing Company Airplanes, 59009-59013 [2021-23268]

Download as PDF 59009 Rules and Regulations Federal Register Vol. 86, No. 204 Tuesday, October 26, 2021 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2021–0099; Project Identifier AD–2020–01272–T; Amendment 39–21757; AD 2021–20–19] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767–200, –300, –300F, and –400ER series airplanes. This AD was prompted by significant changes made to the airworthiness limitations (AWLs) related to fuel tank ignition prevention and the nitrogen generation system. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate the latest revision of the AWLs. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective November 30, 2021. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 30, 2021. ADDRESSES: For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; internet https://www.myboeingfleet.com. You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. SUMMARY: VerDate Sep<11>2014 15:52 Oct 25, 2021 Jkt 256001 It is also available at https:// www.regulations.gov by searching for and locating Docket No. FAA–2021– 0099. Examining the AD Docket You may examine the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0099; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Douglas Mansell, Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206– 231–3875; email: douglas.e.mansell@ faa.gov. SUPPLEMENTARY INFORMATION: Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 767–200, –300, –300F, and –400ER series airplanes. The NPRM published in the Federal Register on February 26, 2021 (86 FR 11653). The NPRM was prompted by significant changes made to the airworthiness limitations (AWLs) related to fuel tank ignition prevention and the nitrogen generation system. In the NPRM, the FAA proposed to require revising the existing maintenance or inspection program, as applicable, to incorporate the latest revision of the AWLs. The FAA is issuing this AD to address 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. Discussion of Final Airworthiness Directive Comments The FAA received comments from The Air Line Pilots Association, International (ALPA), and an PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 individual, both of whom supported the NPRM without change. The FAA received additional comments from five commenters, including Aviation Partners Boeing (APB), Boeing, Japan Airlines (JAL), United Airlines (UAL), and United Parcel Service (UPS). The following presents the comments received on the NPRM and the FAA’s response to each comment. Effect of Winglets on Accomplishment of the Proposed Actions APB stated that accomplishing Supplemental Type Certificate (STC) ST01920SE does not affect the actions specified in the NPRM. The FAA agrees with the commenter that STC ST01920SE does not affect the accomplishment of the manufacturer’s service instructions. Therefore, the installation of STC ST01920SE does not affect the ability to accomplish the actions required by this AD. The FAA has not changed this AD in this regard. Request To Remove Certain ‘‘Unqualified’’ Items Boeing requested that paragraphs (h)(1) and (2) of the proposed AD be deleted to remove unqualified wire types and wire sleeving from the list of acceptable wire types and sleeving. Boeing declared that it has qualified and certified wire types BMS 13–48, BMS 13–58, and BMS 13–60, as well as Teflon wire sleeving TFE–2X, but has not certified the additional types for Boeing airplanes. The FAA does not agree to remove the paragraphs as requested. Since the issuance of AD 2008–11–01 R1, Amendment 39–16145 (74 FR 68515, December 28, 2009) (AD 2008–11–01 R1), which will be terminated by this AD, the FAA received numerous requests for approval of alternative methods of compliance (AMOCs) from operators and STC holders (or applicants) to allow the installation of the alternative wire types and sleeving identified in paragraphs (h)(1) and (2) of this AD. The FAA evaluated key attributes of those alternative wire types and sleeving for each installation, and issued numerous AMOC approvals based on the determination that installing those wire types and sleeving would provide an acceptable level of safety. Although paragraph (h) of this AD provides certain allowances, it does not provide approval of alternative wire E:\FR\FM\26OCR1.SGM 26OCR1 59010 Federal Register / Vol. 86, No. 204 / Tuesday, October 26, 2021 / Rules and Regulations types and sleeving that are installed as part of an aircraft design change. Each applicant for any design change is still responsible to show that the installation of alternative wire types and sleeving identified in paragraphs (h)(1) and (2) of this AD complies with all applicable regulatory requirements. This responsibility includes, but is not limited to, substantiation of compliance with flammability requirements, and substantiation that shows that sleeve installation, including the selection of sleeve thickness, is adequate to protect wires from chafing for the life of the installation. If such an installation is found to be compliant with all applicable regulatory requirements, revision of AWL No. 28–AWL–09 in accordance with paragraph (h) of this AD would allow the installation of the alternative wire types and sleeving. The FAA has not changed this AD with regard to this request. Request To Exempt Certain Airplanes From Initial Compliance Times UAL recommended that airplanes in long-term storage be exempted from the applicable initial compliance times, and that the ALI tasks be accomplished at the applicable initial compliance times after return to service. UAL stated that many of the affected airplanes are now in long-term storage. The FAA does not agree to extend the compliance time to begin after return to service for airplanes in long-term storage. In developing an appropriate compliance time for the tasks required by this AD, the FAA considered relevant safety issues as well as Boeing’s recommendations. The FAA concluded that the inspections must be completed as stated in revised paragraphs (g)(1) through (14) of this AD, although the FAA may consider requests for approval of AMOCs from operators with special circumstances. This AD has not been changed with regard to this request. Request for Clarification of Initial Compliance Times JAL requested clarification about whether the initial compliance time for airplanes with no initial inspections performed or with Boeing Service Bulletin 767–47–0001 incorporated is the ALI’s threshold from airplane delivery or the accomplishment date of the service bulletin. JAL asserted that in similar FAA ADs or proposed ADs, the initial compliance time for airplanes with no inspections performed is the ALI’s threshold from airplane delivery. The FAA agrees with JAL’s assertions, and has determined that neverinspected airplanes should be allowed the full compliance time (the applicable VerDate Sep<11>2014 15:52 Oct 25, 2021 Jkt 256001 AWL interval) from airplane delivery. Furthermore, airplanes for which the referenced AWL was not previously included in the operator’s maintenance/ inspection program should be allowed a grace period if the AWL interval has passed. For the foregoing reasons, the FAA has revised the compliance times for the initial tasks in paragraphs (g)(1) through (14) of this AD. While the revised paragraphs may appear significantly different from those in the proposed AD, the compliance times are the same as proposed for most operators—except for the extension of certain compliance times that will provide relief for some operators. The FAA’s safety assessment indicates that these changes will provide an acceptable level of safety. The proposed AD has been changed in the following ways: • The compliance times for each AWL are provided for two groups of airplanes, based on whether their maintenance program had previously included the specific AWL. The AWLs that are included in an operator’s maintenance program depend on several factors, including the certification basis for the airplane and applicable regulations including airworthiness directives in effect when the airplane is produced and subsequent to airplane delivery. Therefore, some AWLs identified in paragraph (g) of this AD may not have previously been included in the existing maintenance program. • For an AWL that was previously incorporated, the airplane, whether previously inspected or not, is provided the full compliance time. Although the proposed AD would have required inspecting never-inspected airplanes within the shorter grace period, the FAA had intended to provide the full interval specified in the AWL, starting from airplane delivery or from the last inspection. • The FAA has revised the grace period from 30 days to 60 days in paragraphs (g)(2), (4), (6), (7), (9), (10), (11), and (12) of this AD. With this change, compliance for those specific tasks will not be required earlier than the compliance time to revise the maintenance program. Request To Update Applicability UPS requested an update to paragraph (c), ‘‘Applicability,’’ of the proposed AD to specify airplanes ‘‘as identified in’’ Boeing 767–200/300/300F/400ER Special Compliance Items/ Airworthiness Limitations, D622T001– 9–04, dated January 2020. UPS stated that the update is needed to clarify that each task within Boeing 767–200/300/ 300F/400ER Special Compliance Items/ PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 Airworthiness Limitations, D622T001– 9–04, dated January 2020, is required only for the airplanes for which it is identified as applicable, and not for all airplanes having L/N 1 through 1200 inclusive regardless of the task applicability. The FAA disagrees with the request. Each task in Boeing 767–200/300/300F/ 400ER Special Compliance Items/ Airworthiness Limitations, D622T001– 9–04, dated January 2020, is required only for specific airplanes, but paragraph (c), ‘‘Applicability,’’ of this AD must include every airplane that is subject to any requirement in the AD. This AD has not been changed with regard to this request. Conclusion The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD as proposed. Except for minor editorial changes, and any other changes described previously, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator. Related Service Information Under 1 CFR Part 51 The FAA reviewed Boeing 767–200/ 300/300F/400ER Special Compliance Items/Airworthiness Limitations, D622T001–9–04, dated January 2020. This service information describes AWLs that include airworthiness limitation instructions (ALIs) and critical design configuration control limitations (CDCCLs) tasks related to fuel tank ignition prevention and the nitrogen generation system. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance The FAA estimates that this AD affects 500 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: The FAA has determined that revising the existing maintenance or inspection program takes an average of 90 workhours per operator, although the agency recognizes that this number may vary from operator to operator. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. Therefore, the FAA estimates the average total cost per operator to be E:\FR\FM\26OCR1.SGM 26OCR1 Federal Register / Vol. 86, No. 204 / Tuesday, October 26, 2021 / Rules and Regulations $7,650 (90 work-hours × $85 per workhour). 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. The FAA is 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) Will not affect intrastate aviation in Alaska, 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Amendment 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. 15:52 Oct 25, 2021 Jkt 256001 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: 2021–20–19 The Boeing Company: Amendment 39–21757; Docket No. FAA–2021–0099; Project Identifier AD– 2020–01272–T. (a) Effective Date This airworthiness directive (AD) is effective November 30, 2021. (b) Affected ADs This AD affects the ADs specified in paragraphs (b)(1) through (7) of this AD. (1) AD 2008–11–01 R1, Amendment 39– 16145 (74 FR 68515, December 28, 2009) (AD 2008–11–01 R1). (2) AD 2010–06–10, Amendment 39–16234 (75 FR 15322, March 29, 2010) (AD 2010–06– 10). (3) AD 2011–25–05, Amendment 39–16881 (77 FR 2442, January 18, 2012) (AD 2011–25– 05). (4) AD 2013–25–02, Amendment 39–17698 (79 FR 24541, May 1, 2014) (AD 2013–25– 02). (5) AD 2014–08–09, Amendment 39–17833 (79 FR 24546, May 1, 2014) (AD 2014–08– 09). (6) AD 2014–20–02, Amendment 39–17975 (79 FR 59102, October 1, 2014) (AD 2014–20– 02). (7) AD 2018–20–13, Amendment 39–19447 (83 FR 52305, October 17, 2018) (AD 2018– 20–13). (c) Applicability This AD applies to The Boeing Company Model 767–200, –300, –300F, and –400ER series airplanes, certificated in any category, having line numbers (L/N) 1 through 1200 inclusive. (d) Subject Air Transport Association (ATA) of America Code 28, Fuel. (e) Unsafe Condition This AD was prompted by significant changes made to the airworthiness limitations (AWLs) related to fuel tank ignition prevention and the nitrogen generation system. The FAA is issuing this AD to address 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. (f) Compliance Comply with this AD within the compliance times specified, unless already done. Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: VerDate Sep<11>2014 § 39.13 ■ (g) Maintenance or Inspection Program Revision Within 60 days after the effective date of this AD, revise the existing maintenance or inspection program, as applicable, to incorporate the applicable information in Section A, including Subsections A.1, A.2, A.3, A.4, and A.5, of Boeing 767–200/300/ PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 59011 300F/400ER Special Compliance Items/ Airworthiness Limitations, D622T001–9–04, dated January 2020; except as provided by paragraph (h) of this AD. The initial compliance times for the airworthiness limitation instructions (ALI) tasks are within the applicable compliance times specified in paragraphs (g)(1) through (14) of this AD: (1) For airplanes identified in the applicability for AWL No. 28–AWL–01, ‘‘External Wires Over Auxiliary (Center) Fuel Tank’’: At the applicable time specified in paragraph (g)(1)(i) or (ii) of this AD. (i) For airplanes that did not have any version of AWL No. 28–AWL–01 in their maintenance or inspection program before the effective date of this AD: Within 144 months since issuance of the original airworthiness certificate or original export certificate of airworthiness, or within 12 months after the effective date of this AD, whichever occurs later. (ii) For airplanes not identified in paragraph (g)(1)(i) of this AD: Within 144 months since issuance of the original airworthiness certificate or original export certificate of airworthiness, or within 144 months after the most recent inspection, if any, was performed as specified in AWL No. 28–AWL–01; whichever occurs later. (2) For airplanes identified in the applicability for AWL No. 28–AWL–05, ‘‘Lightning Protection—Hydraulic Line Fuel Tank Penetration Bonding Path’’: At the applicable time specified in paragraph (g)(2)(i) or (ii) of this AD. (i) For airplanes that did not have any version of AWL No. 28–AWL–05 in their maintenance or inspection program before the effective date of this AD: At the later of the times specified in paragraphs (g)(2)(i)(A) and (B) of this AD. (A) Within 25,000 flight hours or 72 months, whichever occurs first since issuance of the original airworthiness certificate or original export certificate of airworthiness. (B) Within 60 days after the effective date of this AD. (ii) For airplanes not identified in paragraph (g)(2)(i) of this AD: At the later of the times specified in paragraphs (g)(2)(ii)(A) and (B) of this AD. (A) Within 25,000 flight hours or 72 months, whichever occurs first since issuance of the original airworthiness certificate or original export certificate of airworthiness. (B) Within 25,000 flight hours or 72 months, whichever occurs first after the most recent inspection, if any, was performed as specified in AWL No. 28–AWL–05. (3) For airplanes identified in the applicability for AWL No. 28–AWL–18, ‘‘Fuel Quantity Indicating System (FQIS)— Out of Tank Wiring Lightning Shield to Ground Termination’’: At the applicable time specified in paragraph (g)(3)(i) or (ii) of this AD. (i) For airplanes that did not have any version of AWL No. 28–AWL–18 in their maintenance or inspection program before the effective date of this AD: Within 144 months since issuance of the original airworthiness certificate or original export certificate of airworthiness, or within 12 E:\FR\FM\26OCR1.SGM 26OCR1 59012 Federal Register / Vol. 86, No. 204 / Tuesday, October 26, 2021 / Rules and Regulations months after the effective date of this AD, whichever occurs later. (ii) For airplanes not identified in paragraph (g)(3)(i) of this AD: Within 144 months since issuance of the original airworthiness certificate or original export certificate of airworthiness, or within 144 months after the most recent inspection, if any, was performed as specified in AWL No. 28–AWL–18; whichever occurs later. (4) For airplanes identified in the applicability for AWL No. 28–AWL–20, ‘‘Auxiliary (Center) Tank Override Fuel Pumps Auto Shutoff Circuit’’: At the applicable time specified in paragraph (g)(4)(i) or (ii) of this AD. (i) For airplanes that did not have any version of AWL No. 28–AWL–20 in their maintenance or inspection program before the effective date of this AD: Within 12 months since issuance of the original airworthiness certificate or original export certificate of airworthiness, or within 60 days after the effective date of this AD, whichever occurs later. (ii) For airplanes not identified in paragraph (g)(4)(i) of this AD: At the latest of the times specified in paragraphs (g)(4)(ii)(A) through (C) of this AD. (A) Within 12 months since issuance of the original airworthiness certificate or original export certificate of airworthiness. (B) Within 12 months after the most recent inspection, if any, was performed as specified in AWL No. 28–AWL–20. (C) Within 12 months after accomplishment of the actions specified in Boeing Service Bulletin 767–28A0083 or Boeing Service Bulletin 767–28A0084, as applicable. (5) For airplanes identified in the applicability for AWL No. 28–AWL–21, ‘‘AC and DC Fuel Pump Fault Current Bonding Jumper Installation’’: At the applicable time specified in paragraph (g)(5)(i) or (ii) of this AD. (i) For airplanes that did not have any version of AWL No. 28–AWL–21 in their maintenance or inspection program before the effective date of this AD: Within 72 months since issuance of the original airworthiness certificate or original export certificate of airworthiness, or within 6 months after the effective date of this AD, whichever occurs later. (ii) For airplanes not identified in paragraph (g)(5)(i) of this AD: Within 72 months since issuance of the original airworthiness certificate or original export certificate of airworthiness, or within 72 months after the most recent inspection, if any, was performed as specified in AWL No. 28–AWL–21; whichever occurs later. (6) For airplanes identified in the applicability for AWL No. 28–AWL–27, ‘‘Over-Current and Arcing Protection Electrical Design Features Operation—AC Fuel Pump Ground Fault Interrupter (GFI)’’: At the applicable time specified in paragraph (g)(6)(i) or (ii) of this AD. (i) For airplanes that did not have any version of AWL No. 28–AWL–27 in their maintenance or inspection program before the effective date of this AD: Within 12 months since issuance of the original airworthiness certificate or original export VerDate Sep<11>2014 15:52 Oct 25, 2021 Jkt 256001 certificate of airworthiness, or within 60 days after the effective date of this AD, whichever occurs later. (ii) For airplanes not identified in paragraph (g)(6)(i) of this AD: At the latest of the times specified in paragraphs (g)(6)(ii)(A) through (C) of this AD. (A) Within 12 months since issuance of the original airworthiness certificate or original export certificate of airworthiness. (B) Within 12 months after the most recent inspection, if any, was performed as specified in AWL No. 28–AWL–27. (C) Within 12 months after accomplishment of the actions specified in Boeing Service Bulletin 767–28A0085. (7) For airplanes identified in the applicability for AWL No. 28–AWL–28, ‘‘Auxiliary (Center) Tank Override/Jettison Fuel Pump Failed On Protection System’’: At the applicable time specified in paragraph (g)(7)(i) or (ii) of this AD. (i) For airplanes that did not have any version of AWL No. 28–AWL–28 in their maintenance or inspection program before the effective date of this AD: Within 12 months since issuance of the original airworthiness certificate or original export certificate of airworthiness, or within 60 days after the effective date of this AD, whichever occurs later. (ii) For airplanes not identified in paragraph (g)(7)(i) of this AD: At the latest of the times specified in paragraphs (g)(7)(ii)(A) through (C) of this AD. (A) Within 12 months since issuance of the original airworthiness certificate or original export certificate of airworthiness. (B) Within 12 months after the most recent inspection, if any, was performed as specified in AWL No. 28–AWL–28. (C) Within 12 months after accomplishment of the actions specified in Boeing Service Bulletin 767–28A0085. (8) For airplanes identified in the applicability for AWL No. 28–AWL–35, ‘‘Cushion Clamps and Teflon Sleeving Installed on Out-of-Tank Wire Bundles Installed on Brackets that are Mounted Directly on the Fuel Tanks’’: At the applicable time specified in paragraph (g)(8)(i) or (ii) of this AD. (i) For airplanes that did not have any version of AWL No. 28–AWL–35 in their maintenance or inspection program before the effective date of this AD: Within 144 months since issuance of the original airworthiness certificate or original export certificate of airworthiness, or within 12 months after the effective date of this AD, whichever occurs later. (ii) For airplanes not identified in paragraph (g)(8)(i) of this AD: At the latest of the times specified in paragraphs (g)(8)(ii)(A) through (C) of this AD. (A) Within 144 months since issuance of the original airworthiness certificate or original export certificate of airworthiness. (B) Within 144 months after the most recent inspection, if any, was performed as specified in AWL No. 28–AWL–35. (C) Within 144 months after accomplishment of the actions specified in Boeing Service Bulletin 767–57A0102. (9) For airplanes identified in the applicability for AWL No. 28–AWL–37, PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 ‘‘FQIS BITE Test (Auxiliary (Center) Tank Circuit Test)’’: At the applicable time specified in paragraph (g)(9)(i) or (ii) of this AD. (i) For airplanes that did not have any version of AWL No. 28–AWL–37 in their maintenance or inspection program before the effective date of this AD: Within 750 flight hours since issuance of the original airworthiness certificate or original export certificate of airworthiness, or within 60 days after the effective date of this AD, whichever occurs later. (ii) For airplanes not identified in paragraph (g)(9)(i) of this AD: Within 750 flight hours since issuance of the original airworthiness certificate or original export certificate of airworthiness, or within 750 flight hours after the most recent inspection, if any, was performed as specified in AWL No. 28–AWL–37; whichever occurs later. (10) For airplanes identified in the applicability for AWL No. 28–AWL–38, ‘‘Fuel Level Sensing System (FLSS) Dry Capacitance Test’’: At the applicable time specified in paragraph (g)(10)(i) or (ii) of this AD. (i) For airplanes that did not have any version of AWL No. 28–AWL–38 in their maintenance or inspection program before the effective date of this AD: Within 750 flight hours since issuance of the original airworthiness certificate or original export certificate of airworthiness, or within 60 days after the effective date of this AD, whichever occurs later. (ii) For airplanes not identified in paragraph (g)(10)(i) of this AD: Within 750 flight hours since issuance of the original airworthiness certificate or original export certificate of airworthiness, or within 750 flight hours after the most recent inspection, if any, was performed as specified in AWL No. 28–AWL–38; whichever occurs later. (11) For airplanes identified in the applicability for AWL No. 28–AWL–101, ‘‘Engine Fuel Suction Feed Operational Test’’: At the applicable time specified in paragraph (g)(11)(i) or (ii) of this AD. (i) For airplanes that did not have any version of AWL No. 28–AWL–101 in their maintenance or inspection program before the effective date of this AD: At the later of the times specified in paragraphs (g)(11)(i)(A) and (B) of this AD. (A) Within 7,500 flight hours or 36 months, whichever occurs first since issuance of the original airworthiness certificate or original export certificate of airworthiness. (B) Within 60 days after the effective date of this AD. (ii) For airplanes not identified in paragraph (g)(11)(i) of this AD: At the later of the times specified in paragraphs (g)(11)(ii)(A) and (B) of this AD. (A) Within 7,500 flight hours or 36 months, whichever occurs first since issuance of the original airworthiness certificate or original export certificate of airworthiness. (B) Within 7,500 flight hours or 36 months, whichever occurs first after the most recent inspection, if any, was performed as specified in AWL No. 28–AWL–101. (12) For airplanes identified in the applicability for AWL No. 28–AWL–102, ‘‘Fuel Quantity Indicating System (FQIS)— E:\FR\FM\26OCR1.SGM 26OCR1 Federal Register / Vol. 86, No. 204 / Tuesday, October 26, 2021 / Rules and Regulations Low Fuel and Fuel Config Indication Test’’: At the applicable time specified in paragraph (g)(12)(i) or (ii) of this AD. (i) For airplanes that did not have any version of AWL No. 28–AWL–102 in their maintenance or inspection program before the effective date of this AD: Within 750 flight hours since issuance of the original airworthiness certificate or original export certificate of airworthiness; or within 60 days after the effective date of this AD, whichever occurs later. (ii) For airplanes not identified in paragraph (g)(12)(i) of this AD: At the latest of the times specified in paragraphs (g)(12)(ii)(A) through (C) of this AD. (A) Within 750 flight hours since issuance of the original airworthiness certificate or original export certificate of airworthiness. (B) Within 750 flight hours after the most recent inspection, if any, was performed as specified in AWL No. 28–AWL–102. (C) Within 750 flight hours after accomplishment of the actions specified in Boeing Service Bulletin 767–31–0295 or Boeing Service Bulletin 767–31–0302, as applicable. (13) For airplanes identified in the applicability for AWL No. 47–AWL–04, ‘‘Nitrogen Generation System (NGS)— Nitrogen-Enriched Air (NEA) Distribution Ducting’’: At the applicable time specified in paragraph (g)(13)(i) or (ii) of this AD. (i) For airplanes that did not have any version of AWL No. 47–AWL–04 in their maintenance or inspection program before the effective date of this AD: Within the applicable interval specified in AWL No. 47– AWL–04 since issuance of the original airworthiness certificate or original export certificate of airworthiness, or within 4 months after the effective date of this AD, whichever occurs later. (ii) For airplanes not identified in paragraph (g)(13)(i) of this AD: Within the applicable interval specified in AWL No. 47– AWL–04 since issuance of the original airworthiness certificate or original export certificate of airworthiness, or within that applicable interval since the most recent inspection, if any, was performed as specified in AWL No. 47–AWL–04; whichever occurs later. (14) For airplanes identified in the applicability for AWL No. 47–AWL–05, ‘‘Nitrogen Generation System (NGS)—Cross Vent Check Valve’’: At the applicable time specified in paragraph (g)(14)(i) or (ii) of this AD. (i) For airplanes that did not have any version of AWL No. 47–AWL–05 in their maintenance or inspection program before the effective date of this AD: Within the applicable interval specified in AWL No. 47– AWL–05 since issuance of the original airworthiness certificate or original export certificate of airworthiness, or within 4 months after the effective date of this AD, whichever occurs later. (ii) For airplanes not identified in paragraph (g)(14)(i) of this AD: Within the applicable interval specified in AWL No. 47– AWL–05 since issuance of the original airworthiness certificate or original export certificate of airworthiness, or within that applicable interval since the most recent VerDate Sep<11>2014 15:52 Oct 25, 2021 Jkt 256001 inspection, if any, was performed as specified in AWL No. 47–AWL–05; whichever occurs later. (h) Additional Acceptable Wire Types and Sleeving As an option, during accomplishment of the actions required by paragraph (g) of this AD, the changes specified in paragraphs (h)(1) and (2) of this AD are acceptable. (1) Where AWL No. 28–AWL–09 identifies wire types BMS 13–48, BMS 13–58, and BMS 13–60, the following acceptable wire types and cables can be added to AWL No. 28– AWL–09: MIL–W–22759/16, SAE AS22759/ 16 (formerly M22759/16), MIL–W–22759/32, SAE AS22759/32 (formerly M22759/32), MIL–W–22759/34, SAE AS22759/34 (formerly M22759/34), MIL–W–22759/41, SAE AS22759/41 (formerly M22759/41), MIL–W–22759/86, SAE AS22759/86 (formerly M22759/86), MIL–W–22759/87, SAE AS22759/87 (formerly M22759/87), MIL–W–22759/92, and SAE AS22759/92 (formerly M22759/92); and MIL–C–27500 and NEMA WC 27500 cables that are constructed from these military or SAE specification wire types, as applicable. (2) Where AWL No. 28–AWL–09 identifies TFE–2X Standard wall for wire sleeving, the following sleeving materials are acceptable: Roundit 2000NX and Varglas Type HO, HP, or HM, Grade A. (i) No Alternative Actions, Intervals, or Critical Design Configuration Control Limitations (CDCCLs) After the existing maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections), intervals, or CDCCLs may be used unless the actions, intervals, and CDCCLs are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (k) of this AD. (j) Terminating Action for Certain AD Requirements Accomplishment of the revision required by paragraph (g) of this AD terminates the requirements specified in paragraphs (j)(1) through (7) of this AD for that airplane: (1) The revision required by paragraphs (g) and (h) of AD 2008–11–01 R1. (2) The revision required by paragraph (h) of AD 2010–06–10. (3) The revision required by paragraph (k) of AD 2011–25–05. (4) The revision required by paragraph (n) of AD 2013–25–02. (5) The revision required by paragraph (g) of AD 2014–08–09. (6) The revision required by paragraph (h) of AD 2014–20–02. (7) The revision required by paragraphs (i)(3)(i) and (ii) of AD 2018–20–13. (k) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 59013 information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (l)(1) of this AD. Information may be emailed to: 9ANM-Seattle-ACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (l) Related Information For more information about this AD, contact Douglas Mansell, Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206–231– 3875; email: douglas.e.mansell@faa.gov. (m) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Boeing 767–200/300/300F/400ER Special Compliance Items/Airworthiness Limitations, D622T001–9–04, dated January 2020. (ii) [Reserved] (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; internet https:// www.myboeingfleet.com. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ ibr-locations.html. Issued on September 23, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–23268 Filed 10–25–21; 8:45 am] BILLING CODE 4910–13–P E:\FR\FM\26OCR1.SGM 26OCR1

Agencies

[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Rules and Regulations]
[Pages 59009-59013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23268]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 86, No. 204 / Tuesday, October 26, 2021 / 
Rules and Regulations

[[Page 59009]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0099; Project Identifier AD-2020-01272-T; 
Amendment 39-21757; AD 2021-20-19]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 767-200, -300, -300F, and -400ER 
series airplanes. This AD was prompted by significant changes made to 
the airworthiness limitations (AWLs) related to fuel tank ignition 
prevention and the nitrogen generation system. This AD requires 
revising the existing maintenance or inspection program, as applicable, 
to incorporate the latest revision of the AWLs. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective November 30, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 30, 
2021.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this service information at the 
FAA, Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195. It is also available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0099.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0099; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this final rule, any 
comments received, and other information. The address for Docket 
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue 
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Douglas Mansell, Aerospace Engineer, 
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3875; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain The Boeing 
Company Model 767-200, -300, -300F, and -400ER series airplanes. The 
NPRM published in the Federal Register on February 26, 2021 (86 FR 
11653). The NPRM was prompted by significant changes made to the 
airworthiness limitations (AWLs) related to fuel tank ignition 
prevention and the nitrogen generation system. In the NPRM, the FAA 
proposed to require revising the existing maintenance or inspection 
program, as applicable, to incorporate the latest revision of the AWLs. 
The FAA is issuing this AD to address 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.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from The Air Line Pilots Association, 
International (ALPA), and an individual, both of whom supported the 
NPRM without change.
    The FAA received additional comments from five commenters, 
including Aviation Partners Boeing (APB), Boeing, Japan Airlines (JAL), 
United Airlines (UAL), and United Parcel Service (UPS). The following 
presents the comments received on the NPRM and the FAA's response to 
each comment.

Effect of Winglets on Accomplishment of the Proposed Actions

    APB stated that accomplishing Supplemental Type Certificate (STC) 
ST01920SE does not affect the actions specified in the NPRM.
    The FAA agrees with the commenter that STC ST01920SE does not 
affect the accomplishment of the manufacturer's service instructions. 
Therefore, the installation of STC ST01920SE does not affect the 
ability to accomplish the actions required by this AD. The FAA has not 
changed this AD in this regard.

Request To Remove Certain ``Unqualified'' Items

    Boeing requested that paragraphs (h)(1) and (2) of the proposed AD 
be deleted to remove unqualified wire types and wire sleeving from the 
list of acceptable wire types and sleeving. Boeing declared that it has 
qualified and certified wire types BMS 13-48, BMS 13-58, and BMS 13-60, 
as well as Teflon wire sleeving TFE-2X, but has not certified the 
additional types for Boeing airplanes.
    The FAA does not agree to remove the paragraphs as requested. Since 
the issuance of AD 2008-11-01 R1, Amendment 39-16145 (74 FR 68515, 
December 28, 2009) (AD 2008-11-01 R1), which will be terminated by this 
AD, the FAA received numerous requests for approval of alternative 
methods of compliance (AMOCs) from operators and STC holders (or 
applicants) to allow the installation of the alternative wire types and 
sleeving identified in paragraphs (h)(1) and (2) of this AD. The FAA 
evaluated key attributes of those alternative wire types and sleeving 
for each installation, and issued numerous AMOC approvals based on the 
determination that installing those wire types and sleeving would 
provide an acceptable level of safety. Although paragraph (h) of this 
AD provides certain allowances, it does not provide approval of 
alternative wire

[[Page 59010]]

types and sleeving that are installed as part of an aircraft design 
change. Each applicant for any design change is still responsible to 
show that the installation of alternative wire types and sleeving 
identified in paragraphs (h)(1) and (2) of this AD complies with all 
applicable regulatory requirements. This responsibility includes, but 
is not limited to, substantiation of compliance with flammability 
requirements, and substantiation that shows that sleeve installation, 
including the selection of sleeve thickness, is adequate to protect 
wires from chafing for the life of the installation. If such an 
installation is found to be compliant with all applicable regulatory 
requirements, revision of AWL No. 28-AWL-09 in accordance with 
paragraph (h) of this AD would allow the installation of the 
alternative wire types and sleeving. The FAA has not changed this AD 
with regard to this request.

Request To Exempt Certain Airplanes From Initial Compliance Times

    UAL recommended that airplanes in long-term storage be exempted 
from the applicable initial compliance times, and that the ALI tasks be 
accomplished at the applicable initial compliance times after return to 
service. UAL stated that many of the affected airplanes are now in 
long-term storage.
    The FAA does not agree to extend the compliance time to begin after 
return to service for airplanes in long-term storage. In developing an 
appropriate compliance time for the tasks required by this AD, the FAA 
considered relevant safety issues as well as Boeing's recommendations. 
The FAA concluded that the inspections must be completed as stated in 
revised paragraphs (g)(1) through (14) of this AD, although the FAA may 
consider requests for approval of AMOCs from operators with special 
circumstances. This AD has not been changed with regard to this 
request.

Request for Clarification of Initial Compliance Times

    JAL requested clarification about whether the initial compliance 
time for airplanes with no initial inspections performed or with Boeing 
Service Bulletin 767-47-0001 incorporated is the ALI's threshold from 
airplane delivery or the accomplishment date of the service bulletin. 
JAL asserted that in similar FAA ADs or proposed ADs, the initial 
compliance time for airplanes with no inspections performed is the 
ALI's threshold from airplane delivery.
    The FAA agrees with JAL's assertions, and has determined that 
never-inspected airplanes should be allowed the full compliance time 
(the applicable AWL interval) from airplane delivery. Furthermore, 
airplanes for which the referenced AWL was not previously included in 
the operator's maintenance/inspection program should be allowed a grace 
period if the AWL interval has passed.
    For the foregoing reasons, the FAA has revised the compliance times 
for the initial tasks in paragraphs (g)(1) through (14) of this AD. 
While the revised paragraphs may appear significantly different from 
those in the proposed AD, the compliance times are the same as proposed 
for most operators--except for the extension of certain compliance 
times that will provide relief for some operators. The FAA's safety 
assessment indicates that these changes will provide an acceptable 
level of safety. The proposed AD has been changed in the following 
ways:
     The compliance times for each AWL are provided for two 
groups of airplanes, based on whether their maintenance program had 
previously included the specific AWL. The AWLs that are included in an 
operator's maintenance program depend on several factors, including the 
certification basis for the airplane and applicable regulations 
including airworthiness directives in effect when the airplane is 
produced and subsequent to airplane delivery. Therefore, some AWLs 
identified in paragraph (g) of this AD may not have previously been 
included in the existing maintenance program.
     For an AWL that was previously incorporated, the airplane, 
whether previously inspected or not, is provided the full compliance 
time. Although the proposed AD would have required inspecting never-
inspected airplanes within the shorter grace period, the FAA had 
intended to provide the full interval specified in the AWL, starting 
from airplane delivery or from the last inspection.
     The FAA has revised the grace period from 30 days to 60 
days in paragraphs (g)(2), (4), (6), (7), (9), (10), (11), and (12) of 
this AD. With this change, compliance for those specific tasks will not 
be required earlier than the compliance time to revise the maintenance 
program.

Request To Update Applicability

    UPS requested an update to paragraph (c), ``Applicability,'' of the 
proposed AD to specify airplanes ``as identified in'' Boeing 767-200/
300/300F/400ER Special Compliance Items/Airworthiness Limitations, 
D622T001-9-04, dated January 2020. UPS stated that the update is needed 
to clarify that each task within Boeing 767-200/300/300F/400ER Special 
Compliance Items/Airworthiness Limitations, D622T001-9-04, dated 
January 2020, is required only for the airplanes for which it is 
identified as applicable, and not for all airplanes having L/N 1 
through 1200 inclusive regardless of the task applicability.
    The FAA disagrees with the request. Each task in Boeing 767-200/
300/300F/400ER Special Compliance Items/Airworthiness Limitations, 
D622T001-9-04, dated January 2020, is required only for specific 
airplanes, but paragraph (c), ``Applicability,'' of this AD must 
include every airplane that is subject to any requirement in the AD. 
This AD has not been changed with regard to this request.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety requires adopting this AD as 
proposed. Except for minor editorial changes, and any other changes 
described previously, this AD is adopted as proposed in the NPRM. None 
of the changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing 767-200/300/300F/400ER Special Compliance 
Items/Airworthiness Limitations, D622T001-9-04, dated January 2020. 
This service information describes AWLs that include airworthiness 
limitation instructions (ALIs) and critical design configuration 
control limitations (CDCCLs) tasks related to fuel tank ignition 
prevention and the nitrogen generation system. This service information 
is reasonably available because the interested parties have access to 
it through their normal course of business or by the means identified 
in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 500 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate. Therefore, the FAA estimates the average total cost per 
operator to be

[[Page 59011]]

$7,650 (90 work-hours x $85 per work-hour).

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.
    The FAA is 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) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

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

2021-20-19 The Boeing Company: Amendment 39-21757; Docket No. FAA-
2021-0099; Project Identifier AD-2020-01272-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 30, 
2021.

(b) Affected ADs

    This AD affects the ADs specified in paragraphs (b)(1) through 
(7) of this AD.
    (1) AD 2008-11-01 R1, Amendment 39-16145 (74 FR 68515, December 
28, 2009) (AD 2008-11-01 R1).
    (2) AD 2010-06-10, Amendment 39-16234 (75 FR 15322, March 29, 
2010) (AD 2010-06-10).
    (3) AD 2011-25-05, Amendment 39-16881 (77 FR 2442, January 18, 
2012) (AD 2011-25-05).
    (4) AD 2013-25-02, Amendment 39-17698 (79 FR 24541, May 1, 2014) 
(AD 2013-25-02).
    (5) AD 2014-08-09, Amendment 39-17833 (79 FR 24546, May 1, 2014) 
(AD 2014-08-09).
    (6) AD 2014-20-02, Amendment 39-17975 (79 FR 59102, October 1, 
2014) (AD 2014-20-02).
    (7) AD 2018-20-13, Amendment 39-19447 (83 FR 52305, October 17, 
2018) (AD 2018-20-13).

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category, 
having line numbers (L/N) 1 through 1200 inclusive.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by significant changes made to the 
airworthiness limitations (AWLs) related to fuel tank ignition 
prevention and the nitrogen generation system. The FAA is issuing 
this AD to address 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.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the applicable information in Section A, including 
Subsections A.1, A.2, A.3, A.4, and A.5, of Boeing 767-200/300/300F/
400ER Special Compliance Items/Airworthiness Limitations, D622T001-
9-04, dated January 2020; except as provided by paragraph (h) of 
this AD. The initial compliance times for the airworthiness 
limitation instructions (ALI) tasks are within the applicable 
compliance times specified in paragraphs (g)(1) through (14) of this 
AD:
    (1) For airplanes identified in the applicability for AWL No. 
28-AWL-01, ``External Wires Over Auxiliary (Center) Fuel Tank'': At 
the applicable time specified in paragraph (g)(1)(i) or (ii) of this 
AD.
    (i) For airplanes that did not have any version of AWL No. 28-
AWL-01 in their maintenance or inspection program before the 
effective date of this AD: Within 144 months since issuance of the 
original airworthiness certificate or original export certificate of 
airworthiness, or within 12 months after the effective date of this 
AD, whichever occurs later.
    (ii) For airplanes not identified in paragraph (g)(1)(i) of this 
AD: Within 144 months since issuance of the original airworthiness 
certificate or original export certificate of airworthiness, or 
within 144 months after the most recent inspection, if any, was 
performed as specified in AWL No. 28-AWL-01; whichever occurs later.
    (2) For airplanes identified in the applicability for AWL No. 
28-AWL-05, ``Lightning Protection--Hydraulic Line Fuel Tank 
Penetration Bonding Path'': At the applicable time specified in 
paragraph (g)(2)(i) or (ii) of this AD.
    (i) For airplanes that did not have any version of AWL No. 28-
AWL-05 in their maintenance or inspection program before the 
effective date of this AD: At the later of the times specified in 
paragraphs (g)(2)(i)(A) and (B) of this AD.
    (A) Within 25,000 flight hours or 72 months, whichever occurs 
first since issuance of the original airworthiness certificate or 
original export certificate of airworthiness.
    (B) Within 60 days after the effective date of this AD.
    (ii) For airplanes not identified in paragraph (g)(2)(i) of this 
AD: At the later of the times specified in paragraphs (g)(2)(ii)(A) 
and (B) of this AD.
    (A) Within 25,000 flight hours or 72 months, whichever occurs 
first since issuance of the original airworthiness certificate or 
original export certificate of airworthiness.
    (B) Within 25,000 flight hours or 72 months, whichever occurs 
first after the most recent inspection, if any, was performed as 
specified in AWL No. 28-AWL-05.
    (3) For airplanes identified in the applicability for AWL No. 
28-AWL-18, ``Fuel Quantity Indicating System (FQIS)--Out of Tank 
Wiring Lightning Shield to Ground Termination'': At the applicable 
time specified in paragraph (g)(3)(i) or (ii) of this AD.
    (i) For airplanes that did not have any version of AWL No. 28-
AWL-18 in their maintenance or inspection program before the 
effective date of this AD: Within 144 months since issuance of the 
original airworthiness certificate or original export certificate of 
airworthiness, or within 12

[[Page 59012]]

months after the effective date of this AD, whichever occurs later.
    (ii) For airplanes not identified in paragraph (g)(3)(i) of this 
AD: Within 144 months since issuance of the original airworthiness 
certificate or original export certificate of airworthiness, or 
within 144 months after the most recent inspection, if any, was 
performed as specified in AWL No. 28-AWL-18; whichever occurs later.
    (4) For airplanes identified in the applicability for AWL No. 
28-AWL-20, ``Auxiliary (Center) Tank Override Fuel Pumps Auto 
Shutoff Circuit'': At the applicable time specified in paragraph 
(g)(4)(i) or (ii) of this AD.
    (i) For airplanes that did not have any version of AWL No. 28-
AWL-20 in their maintenance or inspection program before the 
effective date of this AD: Within 12 months since issuance of the 
original airworthiness certificate or original export certificate of 
airworthiness, or within 60 days after the effective date of this 
AD, whichever occurs later.
    (ii) For airplanes not identified in paragraph (g)(4)(i) of this 
AD: At the latest of the times specified in paragraphs (g)(4)(ii)(A) 
through (C) of this AD.
    (A) Within 12 months since issuance of the original 
airworthiness certificate or original export certificate of 
airworthiness.
    (B) Within 12 months after the most recent inspection, if any, 
was performed as specified in AWL No. 28-AWL-20.
    (C) Within 12 months after accomplishment of the actions 
specified in Boeing Service Bulletin 767-28A0083 or Boeing Service 
Bulletin 767-28A0084, as applicable.
    (5) For airplanes identified in the applicability for AWL No. 
28-AWL-21, ``AC and DC Fuel Pump Fault Current Bonding Jumper 
Installation'': At the applicable time specified in paragraph 
(g)(5)(i) or (ii) of this AD.
    (i) For airplanes that did not have any version of AWL No. 28-
AWL-21 in their maintenance or inspection program before the 
effective date of this AD: Within 72 months since issuance of the 
original airworthiness certificate or original export certificate of 
airworthiness, or within 6 months after the effective date of this 
AD, whichever occurs later.
    (ii) For airplanes not identified in paragraph (g)(5)(i) of this 
AD: Within 72 months since issuance of the original airworthiness 
certificate or original export certificate of airworthiness, or 
within 72 months after the most recent inspection, if any, was 
performed as specified in AWL No. 28-AWL-21; whichever occurs later.
    (6) For airplanes identified in the applicability for AWL No. 
28-AWL-27, ``Over-Current and Arcing Protection Electrical Design 
Features Operation--AC Fuel Pump Ground Fault Interrupter (GFI)'': 
At the applicable time specified in paragraph (g)(6)(i) or (ii) of 
this AD.
    (i) For airplanes that did not have any version of AWL No. 28-
AWL-27 in their maintenance or inspection program before the 
effective date of this AD: Within 12 months since issuance of the 
original airworthiness certificate or original export certificate of 
airworthiness, or within 60 days after the effective date of this 
AD, whichever occurs later.
    (ii) For airplanes not identified in paragraph (g)(6)(i) of this 
AD: At the latest of the times specified in paragraphs (g)(6)(ii)(A) 
through (C) of this AD.
    (A) Within 12 months since issuance of the original 
airworthiness certificate or original export certificate of 
airworthiness.
    (B) Within 12 months after the most recent inspection, if any, 
was performed as specified in AWL No. 28-AWL-27.
    (C) Within 12 months after accomplishment of the actions 
specified in Boeing Service Bulletin 767-28A0085.
    (7) For airplanes identified in the applicability for AWL No. 
28-AWL-28, ``Auxiliary (Center) Tank Override/Jettison Fuel Pump 
Failed On Protection System'': At the applicable time specified in 
paragraph (g)(7)(i) or (ii) of this AD.
    (i) For airplanes that did not have any version of AWL No. 28-
AWL-28 in their maintenance or inspection program before the 
effective date of this AD: Within 12 months since issuance of the 
original airworthiness certificate or original export certificate of 
airworthiness, or within 60 days after the effective date of this 
AD, whichever occurs later.
    (ii) For airplanes not identified in paragraph (g)(7)(i) of this 
AD: At the latest of the times specified in paragraphs (g)(7)(ii)(A) 
through (C) of this AD.
    (A) Within 12 months since issuance of the original 
airworthiness certificate or original export certificate of 
airworthiness.
    (B) Within 12 months after the most recent inspection, if any, 
was performed as specified in AWL No. 28-AWL-28.
    (C) Within 12 months after accomplishment of the actions 
specified in Boeing Service Bulletin 767-28A0085.
    (8) For airplanes identified in the applicability for AWL No. 
28-AWL-35, ``Cushion Clamps and Teflon Sleeving Installed on Out-of-
Tank Wire Bundles Installed on Brackets that are Mounted Directly on 
the Fuel Tanks'': At the applicable time specified in paragraph 
(g)(8)(i) or (ii) of this AD.
    (i) For airplanes that did not have any version of AWL No. 28-
AWL-35 in their maintenance or inspection program before the 
effective date of this AD: Within 144 months since issuance of the 
original airworthiness certificate or original export certificate of 
airworthiness, or within 12 months after the effective date of this 
AD, whichever occurs later.
    (ii) For airplanes not identified in paragraph (g)(8)(i) of this 
AD: At the latest of the times specified in paragraphs (g)(8)(ii)(A) 
through (C) of this AD.
    (A) Within 144 months since issuance of the original 
airworthiness certificate or original export certificate of 
airworthiness.
    (B) Within 144 months after the most recent inspection, if any, 
was performed as specified in AWL No. 28-AWL-35.
    (C) Within 144 months after accomplishment of the actions 
specified in Boeing Service Bulletin 767-57A0102.
    (9) For airplanes identified in the applicability for AWL No. 
28-AWL-37, ``FQIS BITE Test (Auxiliary (Center) Tank Circuit 
Test)'': At the applicable time specified in paragraph (g)(9)(i) or 
(ii) of this AD.
    (i) For airplanes that did not have any version of AWL No. 28-
AWL-37 in their maintenance or inspection program before the 
effective date of this AD: Within 750 flight hours since issuance of 
the original airworthiness certificate or original export 
certificate of airworthiness, or within 60 days after the effective 
date of this AD, whichever occurs later.
    (ii) For airplanes not identified in paragraph (g)(9)(i) of this 
AD: Within 750 flight hours since issuance of the original 
airworthiness certificate or original export certificate of 
airworthiness, or within 750 flight hours after the most recent 
inspection, if any, was performed as specified in AWL No. 28-AWL-37; 
whichever occurs later.
    (10) For airplanes identified in the applicability for AWL No. 
28-AWL-38, ``Fuel Level Sensing System (FLSS) Dry Capacitance 
Test'': At the applicable time specified in paragraph (g)(10)(i) or 
(ii) of this AD.
    (i) For airplanes that did not have any version of AWL No. 28-
AWL-38 in their maintenance or inspection program before the 
effective date of this AD: Within 750 flight hours since issuance of 
the original airworthiness certificate or original export 
certificate of airworthiness, or within 60 days after the effective 
date of this AD, whichever occurs later.
    (ii) For airplanes not identified in paragraph (g)(10)(i) of 
this AD: Within 750 flight hours since issuance of the original 
airworthiness certificate or original export certificate of 
airworthiness, or within 750 flight hours after the most recent 
inspection, if any, was performed as specified in AWL No. 28-AWL-38; 
whichever occurs later.
    (11) For airplanes identified in the applicability for AWL No. 
28-AWL-101, ``Engine Fuel Suction Feed Operational Test'': At the 
applicable time specified in paragraph (g)(11)(i) or (ii) of this 
AD.
    (i) For airplanes that did not have any version of AWL No. 28-
AWL-101 in their maintenance or inspection program before the 
effective date of this AD: At the later of the times specified in 
paragraphs (g)(11)(i)(A) and (B) of this AD.
    (A) Within 7,500 flight hours or 36 months, whichever occurs 
first since issuance of the original airworthiness certificate or 
original export certificate of airworthiness.
    (B) Within 60 days after the effective date of this AD.
    (ii) For airplanes not identified in paragraph (g)(11)(i) of 
this AD: At the later of the times specified in paragraphs 
(g)(11)(ii)(A) and (B) of this AD.
    (A) Within 7,500 flight hours or 36 months, whichever occurs 
first since issuance of the original airworthiness certificate or 
original export certificate of airworthiness.
    (B) Within 7,500 flight hours or 36 months, whichever occurs 
first after the most recent inspection, if any, was performed as 
specified in AWL No. 28-AWL-101.
    (12) For airplanes identified in the applicability for AWL No. 
28-AWL-102, ``Fuel Quantity Indicating System (FQIS)--

[[Page 59013]]

Low Fuel and Fuel Config Indication Test'': At the applicable time 
specified in paragraph (g)(12)(i) or (ii) of this AD.
    (i) For airplanes that did not have any version of AWL No. 28-
AWL-102 in their maintenance or inspection program before the 
effective date of this AD: Within 750 flight hours since issuance of 
the original airworthiness certificate or original export 
certificate of airworthiness; or within 60 days after the effective 
date of this AD, whichever occurs later.
    (ii) For airplanes not identified in paragraph (g)(12)(i) of 
this AD: At the latest of the times specified in paragraphs 
(g)(12)(ii)(A) through (C) of this AD.
    (A) Within 750 flight hours since issuance of the original 
airworthiness certificate or original export certificate of 
airworthiness.
    (B) Within 750 flight hours after the most recent inspection, if 
any, was performed as specified in AWL No. 28-AWL-102.
    (C) Within 750 flight hours after accomplishment of the actions 
specified in Boeing Service Bulletin 767-31-0295 or Boeing Service 
Bulletin 767-31-0302, as applicable.
    (13) For airplanes identified in the applicability for AWL No. 
47-AWL-04, ``Nitrogen Generation System (NGS)--Nitrogen-Enriched Air 
(NEA) Distribution Ducting'': At the applicable time specified in 
paragraph (g)(13)(i) or (ii) of this AD.
    (i) For airplanes that did not have any version of AWL No. 47-
AWL-04 in their maintenance or inspection program before the 
effective date of this AD: Within the applicable interval specified 
in AWL No. 47-AWL-04 since issuance of the original airworthiness 
certificate or original export certificate of airworthiness, or 
within 4 months after the effective date of this AD, whichever 
occurs later.
    (ii) For airplanes not identified in paragraph (g)(13)(i) of 
this AD: Within the applicable interval specified in AWL No. 47-AWL-
04 since issuance of the original airworthiness certificate or 
original export certificate of airworthiness, or within that 
applicable interval since the most recent inspection, if any, was 
performed as specified in AWL No. 47-AWL-04; whichever occurs later.
    (14) For airplanes identified in the applicability for AWL No. 
47-AWL-05, ``Nitrogen Generation System (NGS)--Cross Vent Check 
Valve'': At the applicable time specified in paragraph (g)(14)(i) or 
(ii) of this AD.
    (i) For airplanes that did not have any version of AWL No. 47-
AWL-05 in their maintenance or inspection program before the 
effective date of this AD: Within the applicable interval specified 
in AWL No. 47-AWL-05 since issuance of the original airworthiness 
certificate or original export certificate of airworthiness, or 
within 4 months after the effective date of this AD, whichever 
occurs later.
    (ii) For airplanes not identified in paragraph (g)(14)(i) of 
this AD: Within the applicable interval specified in AWL No. 47-AWL-
05 since issuance of the original airworthiness certificate or 
original export certificate of airworthiness, or within that 
applicable interval since the most recent inspection, if any, was 
performed as specified in AWL No. 47-AWL-05; whichever occurs later.

(h) Additional Acceptable Wire Types and Sleeving

    As an option, during accomplishment of the actions required by 
paragraph (g) of this AD, the changes specified in paragraphs (h)(1) 
and (2) of this AD are acceptable.
    (1) Where AWL No. 28-AWL-09 identifies wire types BMS 13-48, BMS 
13-58, and BMS 13-60, the following acceptable wire types and cables 
can be added to AWL No. 28-AWL-09: MIL-W-22759/16, SAE AS22759/16 
(formerly M22759/16), MIL-W-22759/32, SAE AS22759/32 (formerly 
M22759/32), MIL-W-22759/34, SAE AS22759/34 (formerly M22759/34), 
MIL-W-22759/41, SAE AS22759/41 (formerly M22759/41), MIL-W-22759/86, 
SAE AS22759/86 (formerly M22759/86), MIL-W-22759/87, SAE AS22759/87 
(formerly M22759/87), MIL-W-22759/92, and SAE AS22759/92 (formerly 
M22759/92); and MIL-C-27500 and NEMA WC 27500 cables that are 
constructed from these military or SAE specification wire types, as 
applicable.
    (2) Where AWL No. 28-AWL-09 identifies TFE-2X Standard wall for 
wire sleeving, the following sleeving materials are acceptable: 
Roundit 2000NX and Varglas Type HO, HP, or HM, Grade A.

(i) No Alternative Actions, Intervals, or Critical Design Configuration 
Control Limitations (CDCCLs)

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections), intervals, or CDCCLs may be used unless 
the actions, intervals, and CDCCLs are approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (k) of this AD.

(j) Terminating Action for Certain AD Requirements

    Accomplishment of the revision required by paragraph (g) of this 
AD terminates the requirements specified in paragraphs (j)(1) 
through (7) of this AD for that airplane:
    (1) The revision required by paragraphs (g) and (h) of AD 2008-
11-01 R1.
    (2) The revision required by paragraph (h) of AD 2010-06-10.
    (3) The revision required by paragraph (k) of AD 2011-25-05.
    (4) The revision required by paragraph (n) of AD 2013-25-02.
    (5) The revision required by paragraph (g) of AD 2014-08-09.
    (6) The revision required by paragraph (h) of AD 2014-20-02.
    (7) The revision required by paragraphs (i)(3)(i) and (ii) of AD 
2018-20-13.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request 
to your principal inspector or responsible Flight Standards Office, 
as appropriate. If sending information directly to the manager of 
the certification office, send it to the attention of the person 
identified in paragraph (l)(1) of this AD. Information may be 
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by The Boeing Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Seattle 
ACO Branch, FAA, to make those findings. To be approved, the repair 
method, modification deviation, or alteration deviation must meet 
the certification basis of the airplane, and the approval must 
specifically refer to this AD.

(l) Related Information

    For more information about this AD, contact Douglas Mansell, 
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch, 
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3875; email: [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing 767-200/300/300F/400ER Special Compliance Items/
Airworthiness Limitations, D622T001-9-04, dated January 2020.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 23, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-23268 Filed 10-25-21; 8:45 am]
BILLING CODE 4910-13-P