2442 Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 

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 local Flight Standards District 

Office, as appropriate. If sending information 

directly to the manager of the ACO, send it 

to the attention of the person identified in the 

Related Information section of this AD. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(j) Related Information 

For more information about this AD, 

contact one of the following: 

(i) Paul DeVore, Aerospace Engineer, 

Wichita ACO, FAA, 1801 Airport Road, 

Room 100, Wichita, Kansas 67209; telephone: 

(316) 946–4142; fax: (316) 946–4107; email: 

paul.devore@faa.gov; or 

(ii) Don Ristow, Aerospace Engineer, 

Wichita ACO, FAA, 1801 Airport Road, 

Room 100, Wichita, Kansas 67209; telephone: 

(316) 946–4120; fax: (316) 946–4107; email: 

donald.ristow@faa.gov. 

(k) Material Incorporated by Reference 

(1) You must use Hawker Beechcraft 

Corporation Safety Communique ́ #321, dated 

December 2011, to do the actions required by 

this AD, unless the AD specifies otherwise. 

The Safety Communique ́ #321 references 

Hawker Beechcraft Corporation Mandatory 

Service Bulletin 27–3739, but that service 

bulletin is not required to do the actions of 

this AD. The Director of the Federal Register 

approved the incorporation by reference 

(IBR) under 5 U.S.C. 552(a) and 1 CFR part 

51. 

(2) For service information identified in 

this AD, contact Hawker Beechcraft 

Corporation at P.O. Box 85, Wichita, Kansas 

67201–0085; telephone: (800) 429–5372 or 

(316) 676–3140; Internet: http:// 

pubs.hawkerbeechcraft.com. 

(3) You may review copies of the service 

information at the FAA, Small Airplane 

Directorate, 901 Locust, Kansas City, 

Missouri 64106. For information on the 

availability of this material at the FAA, call 

(816) 329–4148. 

(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: http://www.archives.gov/federal-register/ 

cfr/ibr_locations.html. 

Issued in Kansas City, Missouri, on January 

6, 2012. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–604 Filed 1–17–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1221; Directorate 

Identifier 2008–NM–097–AD; Amendment 

39–16881; AD 2011–25–05] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for The 

Boeing Company Model 767 airplanes. 

This AD requires installing new panel 

assemblies in the main equipment 

center or on the forward cargo 

compartment sidewall and removing 

certain relays from some panels in the 

main equipment center. This AD also 

requires revising the maintenance 

program to incorporate Airworthiness 

Limitations (AWLs) No. 28–AWL–27 

and No. 28–AWL–28. This AD also 

includes an alternative location for the 

installation of the new panel assemblies 

for airplanes that have the optional 

water system drain plumbing and 

changing the interconnecting wiring 

between the P141 panel and the P36 and 

P37 panels. For airplanes with a 

deactivated center fuel tank, this AD 

also requires an alternative functional 

test for the left and right override/ 

jettison pumps. We are issuing this AD 

to prevent possible sources of ignition 

in a fuel tank caused by electrical fault 

or uncommanded dry operation of the 

main tank boost pumps and center 

auxiliary tank override and jettison 

pumps. This AD was prompted by fuel 

system reviews conducted by the 

manufacturer. An ignition source in the 

fuel tank could result in a fire or an 

explosion and consequent loss of the 

airplane. 

DATES: This AD is effective February 22, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of February 22, 2012. 

The Director of the Federal Register 

previously approved the incorporation 

by reference of certain other 

publications listed in this AD as of 

January 12, 2010 (74 FR 68515, 

December 28, 2009). 

The Director of the Federal Register 

previously approved the incorporation 

by reference of certain other 

publications listed in this AD as of 

September 9, 2009 (74 FR 38905, August 

5, 2009). 

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; email 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

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 (phone: (800) 647–5527) 

is 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: 

Elias Natsiopoulos, Aerospace Engineer, 

Systems and Equipment Branch, ANM– 

130S, FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue SW., Renton, 

Washington 98057–3356; phone: (425) 

917–6478; fax: (425) 917–6590; email: 

elias.natsiopoulos@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a supplemental notice of 

proposed rulemaking (NPRM) to amend 

14 CFR part 39 to include an 

airworthiness directive (AD) that would 

apply to the specified products. That 

supplemental NPRM published in the 

Federal Register on April 5, 2011 (76 FR 

18664). That supplemental NPRM 

proposed to require installing new panel 

assemblies in the main equipment 

center or on the forward cargo 

compartment sidewall and removing 

certain relays from some panels in the 

main equipment center. That 

supplemental NPRM also proposed to 

require revising the maintenance 

program to incorporate Airworthiness 

Limitations (AWLs) No. 28–AWL–27 

and No. 28–AWL–28. For certain 

airplanes that supplemental NPRM 

proposed to require prior or concurrent 


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installation of a second fuel crossfeed 

valve. That supplemental NPRM also 

proposed an alternative location for the 

installation of the new panel assemblies 

for airplanes that have the optional 

water system drain plumbing and 

changing the interconnecting wiring 

between the P141 panel and the P36 and 

P37 panels. For airplanes with a 

deactivated center fuel tank, that 

supplemental NPRM proposed to 

require an alternative functional test for 

the left and right override/jettison 

pumps. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the supplemental NPRM (76 

FR 18664, April 5, 2011) and the FAA’s 

response to each comment. 

Support for Supplemental NPRM (76 

FR 18664, April 5, 2011) 

Boeing concurs with the content of 

the supplemental NPRM (76 FR 18664, 

April 5, 2011). Continental Airlines has 

no technical objections or comments to 

the supplemental NPRM. 

Requests To Revise or Remove 

Paragraph (j) of the Supplemental 

NPRM (76 FR 18664, April 5, 2011) 

Several commenters requested to 

either revise or remove paragraph (j) of 

the supplemental NPRM (76 FR 18664, 

April 5, 2011). ABX Air recommended 

that paragraph (j) of the supplemental 

NPRM be revised to specify that prior or 

concurrent accomplishment of Boeing 

Service Bulletin 767–28–0034, Revision 

3, dated March 14, 1996, is only 

required if Boeing Service Bulletin 767– 

28A0085, Revision 2, dated August 19, 

2010, has been done in accordance with 

the requirements in paragraph (g) of the 

supplemental NPRM. ABX added that 

an operator may choose not to 

incorporate Boeing Service Bulletin 

767–28–0034 as long as an alternative 

method which complies with the 

requirements in paragraph (g) is 

approved in accordance with paragraph 

(o) of the supplemental NPRM. British 

Airways (BAB) requested that the 

requirement in paragraph (j) of the 

supplemental NPRM be removed for any 

alternative designs (e.g., TDG Aerospace 

UFI). Japan Airlines (JAL) noted that the 

installation of a second crossfeed valve, 

as required by paragraph (j) of the 

supplemental NPRM, does not have a 

direct relationship with the electrical 

fault or uncommanded dry operation of 

the main tank boost pumps and center 

auxiliary tank override and jettison 

pumps, and is not a possible source of 

ignition. 

We acknowledge the commenters’ 

concerns and have removed paragraph 

(j) from this AD. The installation of a 

dual crossfeed valve system is an option 

that operators may do to improve 

airplane reliability, or as an alternative 

method of compliance (AMOC) to the 

requirements of AD 88–21–03 R1, 

Amendment 39–6077 (53 FR 46605, 

November 18, 1988). That action 

(installation of a dual crossfeed 

configuration) is not necessary for the 

installation of the ground fault 

interrupter (GFI) or to address 

uncommanded dry operation of the 

main boost pumps and center auxiliary 

tank override and jettison pumps. This 

AD requires installation of GFI for both 

single and dual crossfeed valve 

configurations. We agree that a single 

crossfeed valve configuration is 

acceptable (not incorporating Boeing 

Service Bulletin 767–28–0034, Revision 

3, dated March 14, 1996), and we are 

working with Boeing to expedite the 

revision of Boeing Service Bulletin 767– 

28A0085 in order to provide procedures 

for a modification to add GFI protection 

on airplanes with single crossfeed valve 

configurations. 

In addition, we have clarified the 

actions by revising paragraph (g) of this 

AD to specify the actions for airplanes 

with a dual crossfeed valve 

configuration and adding paragraph (h) 

of this AD to specify actions for 

airplanes with a single crossfeed valve 

configuration (i.e., a dual crossfeed 

valve configuration has not been 

installed in accordance with Boeing 

Service Bulletin 767–28–0034). For 

airplanes with a dual crossfeed valve 

configuration, the installation specified 

in Boeing Service Bulletin 767– 

28A0085, Revision 2, dated August 19, 

2010, must be done. For airplanes with 

a single crossfeed valve configuration, 

there are two options: (1) Doing the 

installation specified in Boeing Service 

Bulletin 767–28A0085, Revision 2, 

dated August 19, 2010, provided that 

prior to or concurrently with the 

installation of the ground fault interrupt 

relays, a dual crossfeed valve is 

installed in accordance with Boeing 

Service Bulletin 767–28–0034, Revision 

3, dated March 14, 1996, or (2) 

maintaining the single crossfeed valve 

configuration and modifying the 

airplane to install a GFI using a method 

approved by the FAA. We have revised 

the subsequent paragraph identifiers 

accordingly. 

Requests To Postpone AD Issuance 

All Nippon Airways (ANA), ABX, 

BAB, and JAL requested that issuance of 

the AD be postponed until Boeing 

Service Bulletin 767–28A0085, Revision 

2, dated August 19, 2010, has been 

revised. ABX noted that Boeing Service 

Bulletin 767–28A0085, Revision 2, 

dated August 19, 2010, contains 

instructions to modify airplanes with 

two fuel crossfeed valves, but no 

instructions to modify airplanes with 

one crossfeed valve. The commenters 

stated that Boeing is in the process of 

revising this service bulletin to change 

the concurrent requirement and provide 

wiring changes and an alternative 

installation for airplanes having a single 

crossfeed valve system. 

We do not agree to delay issuance of 

this AD until Boeing Service Bulletin 

767–28A0085, Revision 2, dated August 

19, 2010, is revised, due to the severity 

of the unsafe condition addressed by 

this AD. As noted previously, paragraph 

(h) of this AD has been added to provide 

two options for airplanes that currently 

have a single crossfeed valve 

configuration. Also noted previously, 

Boeing is currently revising Service 

Bulletin 767–28A0085, and it will be 

issued after it is completed. Therefore, 

as specified previously, we have 

changed paragraph (g) of this AD and 

added paragraph (h) of this AD. 

Requests To Allow AMOCs to AD 2009– 

16–06, Amendment 39–15989 (74 FR 

38905, August 5, 2009), To Terminate 

Paragraph (i) of the Supplemental 

NPRM (76 FR 18664, April 5, 2011) 

Two commenters requested that we 

allow AMOCs for AD 2009–16–06, 

Amendment 39–15989 (74 FR 38905, 

August 5, 2009), to terminate the 

requirements of paragraph (i) of the 

supplemental NPRM (76 FR 18664, 

April 5, 2011). United Airlines (UA) 

requested that the supplemental NPRM 

include a new paragraph to allow an 

AMOC to AD 2009–16–06, to terminate 

prior or concurrent installation of an 

automatic shutoff system for the 

auxiliary fuel tank pump as required by 

paragraph (i) of the supplemental 

NPRM. UA stated that accomplishing 

the requirements in AD 2009–16–06 

terminates the requirements in 

paragraph (i) of the supplemental 

NPRM, and noted that during 

compliance with that AD it obtained 

FAA AMOC Letter 140S–09–331, dated 

September 25, 2009, to install an 

automatic system for the auxiliary fuel 

tank pump in accordance with Boeing 

Service Bulletin 767–28A0083, Revision 

1, dated April 26, 2007. That AMOC 

was only applicable to three of UA’s 35 

Model 767–300 airplanes because 

Boeing Service Bulletin 767–28A0083, 

Revision 1, dated April 26, 2007, was 

accomplished on the remaining 32 

airplanes before the effective date of AD 

2009–16–06. UPS stated that it obtained 


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FAA–AMOC 140S–10–218, dated June 

22, 2010, which approved the use of 

alternate terminal blocks because those 

identified in Boeing Service Bulletin 

767–28A0083, Revision 2, dated 

February 12, 2009, had been 

superseded. UPS requested that 

paragraph (i) of the supplemental NPRM 

be updated to include that any approved 

AMOCs terminate the requirements of 

paragraph (i) of the supplemental 

NPRM. 

We acknowledge the commenters’ 

concerns and provide the following. The 

related FAA-approved AMOCs should 

be accepted for terminating the 

requirements of paragraph (j) of this AD 

(referred to as paragraph (i) in the 

supplemental NPRM (76 FR 18664, 

April 5, 2011)), because the intent of 

those requirements is met by those 

AMOCs. It is not necessary to add a new 

paragraph or revise paragraph (j) of this 

AD, because accomplishing the AMOCs 

to AD 2009–16–06, Amendment 39– 

15989 (74 FR 38905, August 5, 2009), 

meets the requirements of AD 2009–16– 

06, and therefore terminates the 

requirements of paragraph (j) of this AD. 

Paragraph (j) of this AD already states 

that ‘‘Accomplishing the requirements 

of AD 2009–16–06, terminates the 

requirements of this paragraph.’’ We 

have made no change to the AD in this 

regard. 

Requests To Revise Paragraph (k) of the 

Supplemental NPRM (76 FR 18664, 

April 5, 2011) 

UA asked that paragraph (k) of the 

supplemental NPRM (76 FR 18664, 

April 5, 2011) be revised to add a 

reference to Revision May 2010 of 

Section 9 of the Boeing 767 

Maintenance Planning Data (MPD) 

Document, D622T001–9. UA stated that 

paragraph (k) requires concurrent 

revision of the maintenance program by 

incorporating Airworthiness Limitations 

(AWLs) No. 28–AWL–27 and No. 28– 

AWL–28 of Section 9 of the Boeing 767 

MPD Document, D622T001–9, Revision 

April 2008; Revision March 2009; or 

Revision May 2009. UA added that 

subsequent to Revision May 2009, 

Boeing has issued Revision May 2010. 

UPS also requested that paragraph (k) of 

the supplemental NPRM be revised to 

add Revision 22, dated April 2011, of 

Section 9 of the Boeing 767 MPD, 

Document D622T001–9. 

We agree that Boeing 767 MPD 

Document, D622T001–9, Revision May 

2010 should be added to paragraph (k) 

of this AD. However, we do not agree to 

add Revision 22, dated April 2011. That 

revision does not affect Section 9 of 

MPD Document D622T001–9, as 

referred to in paragraph (k) of this AD. 

We have revised paragraph (k) of this 

AD accordingly. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We also determined that these changes 

will not increase the economic burden 

on any operator or increase the scope of 

the AD. 

Costs of Compliance 

We estimate that this AD will affect 

416 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators 

Installation of GFI equipment and wiring.Between 216 and 279 

work-hours × $85 per 

hour = between $18,360 

and $23,715.

Between $52,285 and 

$53,123.

Between $70,645 and 

$76,838.

Up to $31,964,608. 

Installation of second 

crossfeed valve (prior/ 

concurrent action).

Between 274 and 302 

work-hours × $85 per 

hour = between $23,290 

and $25,670.

Between $30,838 and 

$66,903.

Between $54,128 and 

$92,573.

Between $22,517,248 and 

$38,510,368. 

Installing automatic shutoff 

system (prior/concurrent 

action; required by AD 

2009–16–06, Amendment 39–15989 (74 FR 

38905, August 5, 2009)).

Between 3 and 29 workhours × $85 per hour = 

between $255 and 

$2,465.

Between $421 and $9,374 Between $676 and 

$11,839.

Between $281,216 and 

$4,925,024. 

Revising the maintenance 

program.

1 ........................................ None .................................. $85 .................................... $35,360. 

According to the manufacturer, some 

of the costs of this AD may be covered 

under warranty, thereby reducing the 

cost impact on affected individuals. We 

do not control warranty coverage for 

affected individuals. As a result, we 

have included all costs in our cost 

estimate. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

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), 


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(3) Will not affect intrastate aviation 

in Alaska, and 

(4) 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. 

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 airworthiness 

directive (AD): 

2011–25–05 The Boeing Company: 

Amendment 39–16881; Docket No. 

FAA–2009–1221; Directorate Identifier 

2008–NM–097–AD. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective February 22, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 767–200, –300, –300F, and –400ER 

series airplanes, certificated in any category; 

as identified in Boeing Service Bulletin 767– 

28A0085, Revision 2, dated August 19, 2010. 

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 (o) 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. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 28, Fuel. 

(e) Unsafe Condition 

This AD results from fuel system reviews 

conducted by the manufacturer. We are 

issuing this AD to prevent possible sources 

of ignition in a fuel tank caused by electrical 

fault or uncommanded dry operation of the 

main tank boost pumps and center auxiliary 

tank override and jettison pumps. An 

ignition source in the fuel tank could result 

in a fire or an explosion and consequent loss 

of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Installation for Airplanes on Which a 

Dual Crossfeed Valve Has Been Installed 

For airplanes on which a dual crossfeed 

valve has been installed as specified in 

Boeing Service Bulletin 767–28–0034 as of 

the effective date of this AD: Within 60 

months after the effective date of this AD, 

install ground fault interrupt relays (P140 

and P141 panel assemblies) and all 

applicable parts and components in the main 

equipment center or in the forward cargo 

compartment sidewall, as applicable, and 

remove the fuel boost pump control relays 

from the P33, P36, and P37 panels, in 

accordance with the Accomplishment 

Instructions of Boeing Service Bulletin 767– 

28A0085, Revision 2, dated August 19, 2010, 

except as required by paragraph (i) of this 

AD. 

(h) Installation for Airplanes on Which a 

Dual Crossfeed Valve Has Not Been Installed 

For airplanes on which a dual crossfeed 

valve has not been installed as specified in 

Boeing Service Bulletin 767–28–0034 as of 

the effective date of this AD: Within 60 

months after the effective date of this AD, do 

the actions specified in paragraph (h)(1) or 

(h)(2) of this AD. 

(1) Install ground fault interrupt relays 

(P140 and P141 panel assemblies) and all 

applicable parts and components in the main 

equipment center or in the forward cargo 

compartment sidewall, as applicable, and 

remove the fuel boost pump control relays 

from the P33, P36, and P37 panels, in 

accordance with the Accomplishment 

Instructions of Boeing Service Bulletin 767– 

28A0085, Revision 2, dated August 19, 2010, 

except as required by paragraph (i) of this 

AD. Prior to or concurrently with the 

installation of the ground fault interrupt 

relays, install a dual crossfeed valve in 

accordance with Boeing Service Bulletin 

767–28–0034, Revision 3, dated March 14, 

1996. 

(2) Maintain the single crossfeed valve 

configuration and install a GFI, in accordance 

with a method approved using the 

procedures specified in paragraph (o)(1) of 

this AD. 

(i) Exception to Service Bulletin 

Although paragraph 3.B.29.e. of the 

Accomplishment Instructions of Boeing 

Service Bulletin 767–28A0085, Revision 2, 

dated August 19, 2010, specifies an 

alternative functional test of the left and right 

center override pumps as an option, this AD 

requires that test for airplanes on which the 

center tank is deactivated. 

(j) Prior/Concurrent Installations 

For airplanes identified in paragraph 1.A.1. 

of Boeing Service Bulletin 767–28A0083, 

Revision 2, dated February 12, 2009; or 

Boeing Service Bulletin 767–28A0084, 

Revision 1, dated April 26, 2007: Prior or 

concurrently with accomplishing the actions 

required by paragraph (g) and (h)(1) of this 

AD, install an automatic shutoff system for 

the auxiliary fuel tank pump, in accordance 

with the Accomplishment Instructions of 

Boeing Service Bulletin 767–28A0083, 

Revision 2, dated February 12, 2009; or 

Boeing Service Bulletin 767–28A0084, 

Revision 1, dated April 26, 2007; as 

applicable. Accomplishing the requirements 

of AD 2009–16–06, Amendment 39–15989 

(74 FR 38905, August 5, 2009), terminates the 

requirements of this paragraph. 

(k) Maintenance Program Revision 

Concurrently with accomplishing the 

actions required by paragraphs (g) and (h)(1) 

of this AD, or within 30 days after the 

effective date of this AD, whichever occurs 

later: Revise the maintenance program by 

incorporating Airworthiness Limitations 

(AWLs) No. 28–AWL–27 and No. 28–AWL– 

28 of Section 9 (‘‘Airworthiness Limitations 

(AWLs) and Certification Maintenance 

Requirements (CMRs)’’) of the Boeing 767 

Maintenance Planning Data (MPD) 

Document, D622T001–9, Revision April 

2008; Revision March 2009; Revision May 

2009; or Revision May 2010. The initial 

compliance time for the actions specified in 

AWLs No. 28–AWL–27 and No. 28–AWL–28 

is within 1 year after accomplishing the 

installation required by paragraph (g) or 

(h)(1) of this AD, or within 1 year after the 

effective date of this AD, whichever occurs 

later. 

(l) Terminating Action for AWLs Revision 

Incorporating AWLs No. 28–AWL–27 and 

No. 28–AWL–28 into the maintenance 

program in accordance with paragraph (g)(2) 

of AD 2008–11–01, Amendment 39–15523 

(73 FR 29414, May 21, 2008), or paragraph 

(g)(2) of AD 2008–11–01 R1, Amendment 39– 

16145 (74 FR 68515, December 28, 2009), 

terminates the action required by paragraph 

(k) of this AD. 

(m) No Alternative Inspections or Inspection 

Intervals 

After accomplishing the actions specified 

in paragraph (k) of this AD, no alternative 

inspections or inspection intervals may be 

used unless the inspections or intervals are 

approved as an alternative method of 

compliance (AMOC) in accordance with the 

procedures specified in paragraph (o) of this 

AD. 

(n) Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

Actions done before the effective date of 

this AD in accordance with the service 

information identified in paragraphs (n)(1) 

through (n)(5) of this AD are acceptable for 

compliance with the corresponding 

requirements of this AD. 

(1) Boeing Alert Service Bulletin 767– 

28A0085, dated January 10, 2008. 


pmangrum on DSK3VPTVN1PROD with RULES
2446 Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 

(2) Boeing Service Bulletin 767–28A0085, 

Revision 1, dated June 25, 2009. 

(3) Boeing Alert Service Bulletin 767– 

28A0083, dated May 3, 2006. 

(4) Boeing Service Bulletin 767–28A0083, 

Revision 1, dated April 26, 2007. 

(5) Boeing Alert Service Bulletin 767– 

28A0084, dated May 3, 2006. 

(o) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle ACO, 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 local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be emailed to: 9-ANMSeattle-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 local flight standards district office/ 

certificate holding district office. 

(p) Related Information 

For more information about this AD, 

contact Elias Natsiopoulos, Aerospace 

Engineer, Systems and Equipment Branch, 

ANM–130S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue SW., 

Renton, Washington 98057–3356; telephone 

(425) 917–6478; fax (425) 917–6590; email 

elias.natsiopoulos@faa.gov. 

(q) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) of the 

following service information under 5 U.S.C. 

552(a) and 1 CFR part 51 on the date 

specified: 

(i) Boeing Service Bulletin 767–28–0034, 

Revision 3, dated March 14, 1996, approved 

for IBR February 22, 2012. 

(ii) Boeing Service Bulletin 767–28A0083, 

Revision 2, dated February 12, 2009, 

approved for IBR September 9, 2009 (74 FR 

38905, August 5, 2009). 

(iii) Boeing Service Bulletin 767–28A0084, 

Revision 1, dated April 26, 2007, approved 

for IBR September 9, 2009 (74 FR 38905, 

August 5, 2009). 

(iv) Boeing Service Bulletin 767–28A0085, 

Revision 2, dated August 19, 2010, approved 

for IBR February 22, 2012. 

(v) Section 9 of Boeing 767 Maintenance 

Planning Data Document, D622T001–9, 

Revision April 2008, approved for IBR 

January 12, 2010 (74 FR 68515, December 28, 

2009). 

(vi) Section 9 of Boeing 767 Maintenance 

Planning Data Document, D622T001–9, 

Revision March 2009, approved for IBR 

February 22, 2012. 

(vii) Section 9 of Boeing 767 Maintenance 

Planning Data Document, D622T001–9, 

Revision May 2009, approved for IBR January 

12, 2010 (74 FR 68515, December 28, 2009). 

(viii) Section 9 of Boeing 767 Maintenance 

Planning Data Document, D622T001–9, 

Revision May 2010, approved for IBR 

February 22, 2012. 

(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; email me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

(3) You may review copies of the 

referenced 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. 

(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 an NARA facility, call (202) 741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

November 22, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–468 Filed 1–17–12; 8:45 am] 

BILLING CODE 4910–13–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 418 

[Docket No. SSA–2010–0033] 

RIN 0960–AH24 

Amendments to Regulations 

Regarding Eligibility for a Medicare 

Prescription Drug Subsidy 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: This final rule adopts, 

without change, the interim final rule 

with request for comments we 

published in the Federal Register on 

December 29, 2010. The interim final 

rule incorporated changes to the 

Medicare prescription drug coverage 

low-income subsidy (Extra Help) 

program made by the Patient Protection 

and Affordable Care Act (Affordable 

Care Act) enacted in March 2010. Under 

our interpretation of section 3304 of the 

Affordable Care Act, if the death of a 

beneficiary’s spouse would decrease or 

eliminate the subsidy provided by the 

Extra Help program, we will extend the 

effective period of eligibility for the 

most recent determination or 

redetermination until one year after the 

month following the month we are 

notified of the death of the spouse. The 

effective date of this provision was 

January 1, 2011. We also revised our 

regulations to incorporate changes made 

by the Medicare Improvements for 

Patients and Providers Act of 2008 

(MIPPA) which affect the way we 

account for income and resources when 

determining eligibility for the Extra 

Help program. The statute provides that 

we no longer count the value of any life 

insurance policy as a resource for Extra 

Help effective on and after January 1, 

2010. As of that date, we also no longer 

count as income the help a beneficiary 

receives when someone else provides 

food and shelter, or pays household 

bills for food, mortgage, rent, electricity, 

water, property taxes, or heating fuel or 

gas. These revisions updated our rules 

to reflect these statutory changes. 

DATES: The interim final rule with 

request for comments published on 

December 29, 2010, is confirmed as final 

effective January 18, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Craig Streett, Office of Income Security 

Programs, Social Security 

Administration, 2–R–24 Operations 

Building, 6401 Security Boulevard, 

Baltimore, MD 21235–6401, (410) 965– 

9793. For information on eligibility or 

filing for benefits, call our national tollfree number, 1–(800) 772–1213 or TTY 

1–(800) 325–0778, or visit our Internet 

site, Social Security Online, at http:// 

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This final rule adopts, without 

change, the interim final rule with 

request for comments we published in 

the Federal Register on December 29, 

2010, at 75 FR 81843. The interim final 

rule changed the way we account for 

income and resources when 

determining eligibility for the subsidy 

provided by the Extra Help program, 

and removed certain items from those 

we will count as income and resources. 

In addition, the interim final rule 

extended the effective date of a 

determination or redetermination of an 

Extra Help subsidy when there is a 

death of a spouse. 

Medicare prescription drug coverage 

is a voluntary program that covers 

various prescription drugs. The 

regulations and requirements for the 

program are codified in 42 CFR part 

423. The Centers for Medicare & 

Medicaid Services (CMS) promulgates 

rules and regulations concerning the 

Medicare program. Anyone who meets 

the requirements listed in 42 CFR 

423.30(a) can enroll in Medicare 

prescription drug coverage. Medicare 

prescription drug coverage beneficiaries 

are generally responsible for 

deductibles, cost-sharing, and monthly 


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