[Federal Register Volume 76, Number 65 (Tuesday, April 5, 2011)]
[Proposed Rules]
[Pages 18664-18669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8066]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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


Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / 
Proposed Rules

[[Page 18664]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1221; Directorate Identifier 2008-NM-097-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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

SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for the products listed above. That 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 NPRM also proposed to 
require revising the maintenance program to incorporate Airworthiness 
Limitations (AWLs) No. 28-AWL-27 and No. 28-AWL-28. That NPRM was 
prompted by fuel system reviews conducted by the manufacturer. For 
certain airplanes, this action revises that NPRM by proposing to 
require prior or concurrent installation of a second fuel crossfeed 
valve. This action also revises that NPRM by proposing 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 action 
revises that NPRM by proposing an alternative functional test for the 
left and right override/jettison pumps. We are proposing this 
supplemental NPRM 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. Since these actions 
impose an additional burden over that proposed in the NPRM, we are 
reopening the comment period to allow the public the chance to comment 
on these proposed changes.

DATES: We must receive comments on this supplemental NPRM by May 2, 
2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information Boeing Commercial Airplanes, Attention: 
Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, 
Washington 98124-2207; telephone 206-544-5000, extension 1; fax 206-
766-5680; e-mail <a href="/cdn-cgi/l/email-protection#1f727a317d707a7c70725f7d707a767178317c7072"><span class="__cf_email__" data-cfemail="aac7cf84c8c5cfc9c5c7eac8c5cfc3c4cd84c9c5c7">[email protected]</span></a>; 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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

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; telephone (425) 917-6478; fax (425) 917-6590; e-mail 
<a href="/cdn-cgi/l/email-protection#cbaea7a2aab8e5a5aabfb8a2a4bba4bea7a4b88badaaaae5aca4bd"><span class="__cf_email__" data-cfemail="dcb9b0b5bdaff2b2bda8afb5b3acb3a9b0b3af9cbabdbdf2bbb3aa">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-1221; 
Directorate Identifier 2008-NM-097-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 to include an 
airworthiness directive (AD) that would apply to The Boeing Company 
Model 767-200, -300, -300F, and -400ER series airplanes. That NPRM 
published in the Federal Register on December 29, 2009 (74 FR 68743). 
That 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 NPRM also proposed to require revising the maintenance program to 
incorporate Airworthiness Limitations (AWLs) No. 28-AWL-27 and No. 28-
AWL-28.

Actions Since Original NPRM Was Issued

    Since we issued the original NPRM, the manufacturer has notified us 
that certain airplanes affected by the original NPRM have the optional 
water system drain plumbing. This optional system was not addressed in 
Boeing Alert Service Bulletin 767-28A0085, dated

[[Page 18665]]

January 10, 2008; or Boeing Service Bulletin 767-28A0085, Revision 1, 
dated June 25, 2009; which we referred to as appropriate sources of 
service information for accomplishing the proposed actions. Several 
operators attempted to accomplish the actions and encountered equipment 
installation interference. Specifically, the installation of the new 
P141 panel at the location specified in either revision of the service 
bulletin interferes with the optional water system drain plumbing.
    We have revised the supplemental NPRM to refer to Boeing Service 
Bulletin 767-28A0085, Revision 2, dated August 19, 2010.
    Boeing Service Bulletin 767-28A0085, Revision 2, dated August 19, 
2010, specifies the following changes:
    <bullet> For airplanes equipped with the optional water system 
drain plumbing: An alternate location is specified for the installation 
of the P141 panel. The interconnecting wiring between the P141 panel 
and the P36 and P37 panels is also changed due to the relocation of the 
P141 panel.
    <bullet> For airplanes with a deactivated center fuel tank 
(alternately referred to as the center auxiliary fuel tank): An 
alternative functional test is added for the left and right override/
jettison pumps.
    <bullet> For airplanes having line positions 1 through 430: 
Installation of a second fuel crossfeed valve is added as a prior or 
concurrent action. This installation is specified to be done in 
accordance with Boeing Service Bulletin 767-28-0034, Revision 3, dated 
March 14, 1996.
    <bullet> Additional error corrections and clarifications, including 
clarifications of wiring configurations and routing, and increased 
work-hours for airplanes with the optional water system drain plumbing.

Explanations of Additional Changes to the Original NPRM

    We have added a new paragraph (d) to this supplemental NPRM to 
provide the Air Transport Association (ATA) of America subject code 28, 
Fuel. This code is added to make this supplemental NPRM parallel with 
other new AD actions. We have reidentified subsequent paragraphs 
accordingly.
    We have included the cost of the prior/concurrent installation of 
the second crossfeed valve.
    We have also removed Table 1 and fully cited the service 
information that was specified in the table. We reidentified the 
subsequent table.
    As noted above, we have added certain paragraphs to the 
supplemental NPRM and, since we issued the original NPRM, the format 
has been revised, and certain other paragraphs have been rearranged. As 
a result, the corresponding paragraph identifiers have changed from the 
original NPRM in this supplemental NPRM, as listed in the table titled 
``Revised Paragraph Identifiers.'' In the disposition of comments we 
will refer to the relevant paragraph of the original NPRM or the 
supplemental NPRM, depending on context.

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                         Corresponding or new paragraph
    Paragraph in the original NPRM          in the supplemental NPRM
------------------------------------------------------------------------
none..................................  paragraph (d)--new ATA code.
paragraph (d).........................  paragraph (e).
paragraph (e).........................  paragraph (f).
paragraph (f).........................  paragraph (g).
none..................................  paragraph (h)--exception.
paragraph (g).........................  paragraph (i).
none..................................  paragraph (j)--new concurrent
                                         requirement.
paragraph (h).........................  paragraph (k).
paragraph (i).........................  paragraph (l).
paragraph (j).........................  paragraph (m).
none..................................  paragraph (n)--new paragraph for
                                         credit for actions accomplished
                                         in accordance with previous
                                         service information.
paragraph (k).........................  paragraph (o).
------------------------------------------------------------------------

Comments

    We gave the public the opportunity to comment on the original NPRM. 
The following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Add Service Information to Table 1 of the Original NPRM

    Japan Airlines (JAL) requested that we revise Table 1 in paragraph 
(g) of the original NPRM to include the original versions of two 
service bulletins as sources of service information. JAL pointed out 
that these two service bulletins are referred to in AD 2009-16-06, 
amendment 39-15989, which is the subject of paragraph (g) of the 
original NPRM.
    We agree with JAL's request. We have included a new Table 2 in this 
supplemental NPRM to include Boeing Alert Service Bulletin 767-28A0083, 
dated May 3, 2006; and Boeing Alert Service Bulletin 767-28A0084, dated 
May 3, 2006. Both of these service bulletins are acceptable for 
compliance with the requirements of AD 2009-16-06. Although Boeing 
Service Bulletin 767-28A0083, dated May 3, 2006, is identified in 
Paragraph 1.B., ``Concurrent Requirements,'' of Boeing Service Bulletin 
767-28A0085, Revision 2, dated August 19, 2010, Boeing Alert Service 
Bulletin 767-28A0084, dated May 3, 2006, is not listed in Paragraph 
1.B. of Boeing Service Bulletin 767-28A0085, Revision 2, dated August 
19, 2010. We have coordinated this difference with Boeing.

Requests To Refer to R1 of AD 2008-11-01

    JAL, Continental Airlines (CAL), United Airlines (UAL), and UPS 
pointed out that although paragraph (i) of the original NPRM proposed 
the option of incorporating paragraph (g)(2) of AD 2008-11-01, 
amendment 39-15523 (73 FR 29414, May 21, 2008), that AD has since been 
revised to AD 2008-11-01 R1, amendment 39-16145 (74 FR 68515, December 
28, 2009).
    We agree with the requests to refer to AD 2008-11-01 R1, amendment 
39-16145. We issued the revision to AD 2008-11-01 to clarify the AD's 
intended effect on spares and on-airplane fuel tank system components, 
regarding the use of maintenance manuals and instructions for continued 
airworthiness. The actions required by AD 2008-11-01 R1 are consistent 
with paragraph (j) of the original NPRM, which states that ``after 
accomplishing the actions specified in paragraph (i) of this AD, no 
alternative inspections or inspection intervals may be used.'' We have 
changed paragraph (l) of this supplemental NPRM to refer to AD 2008-11-
01, amendment 39-15523, and AD 2008-11-01 R1, amendment 39-16145.

Requests for Clarification of Date of Maintenance Planning Data (MPD) 
Document

    Several commenters requested clarification of the intent of the 
``Revision March 2009'' date of Boeing 767 Maintenance Planning Data 
(MPD) Document, Section 9, D622T001-9, Revision March 2009, referred to 
in the original NPRM.
    <bullet> JAL stated that the revision should be Revision April 2009 
or Revision August 2009 because it does not appear that Revision March 
2009 was issued.
    <bullet> CAL believed that the date should be Revision May 2009.
    <bullet> UAL asked if the intent of the proposed rule is to 
override the requirements of AD 2008-11-01 R1 in that only Revision May 
2009 may be used for compliance. UAL stated that it believed that 
operators should be allowed to use either Revision April 2008 or 
Revision May 2009, and that paragraph (h) of the original NPRM should 
be revised accordingly.
    <bullet> UPS pointed out that as an optional action in AD 2008-11-
01 R1, AWLs No.

[[Page 18666]]

28-AWL-27 and No. 28-AWL-28 may be incorporated into the maintenance 
program as identified in Revision April 2008 or Revision May 2009 of 
the MPD. UPS was unclear as to whether the original NPRM would 
supersede the previous option by requiring that only Revision March 
2009 be used. UPS further stated that AD 2008-11-01 R1 notes that the 
changes in Revision May 2009 are for clarification only and that either 
Revision April 2008 or Revision May 2009 are acceptable for use.
    We agree that the date of the MPD document needs to be clarified. 
AWLs No. 28-AWL-27 and No. 28-AWL-28 were added to Boeing 767 
Maintenance Planning Data (MPD) Document, Section 9, D622T001-9, in 
Revision October 2007. None of the revisions of this MPD document since 
that time have changed the text of AWLs No. 28-AWL-27 and No. 28-AWL-
28. Therefore, either of the revisions mentioned in AD 2008-11-01 R1, 
Revision April 2008 or Revision May 2009, may be used to update the 
maintenance program to incorporate AWLs No. 28-AWL-27 and No. 28-AWL-
28. We have revised paragraph (k) of this supplemental NPRM to specify 
that Revision April 2008, Revision March 2009, or Revision May 2009, 
may be used.

Request To Extend Compliance Time

    CAL had no technical objection to the original NPRM, but pointed 
out that although the compliance time for accomplishing the actions 
proposed in the original NPRM is 60 months, the concurrent requirements 
from AD 2009-16-06, which is specified as terminating action for 
paragraph (g) of the original NPRM, have a compliance time of 36 
months. CAL stated that doing the actions in AD 2009-16-06 requires 
extensive airplane modifications and material allocations that can only 
be accomplished during a heavy check or special maintenance hold. 
Therefore, CAL requested that we consider a minor extension to the 
compliance time in AD 2009-16-06.
    We disagree with approving an extension to the compliance time for 
AD 2009-16-06 through this supplemental NPRM. However, we will consider 
requests for an adjustment to the compliance time under the provisions 
of paragraph (o) of AD 2009-16-06 if data are submitted to substantiate 
that such an adjustment would provide an acceptable level of safety. We 
have not changed the supplemental NPRM in this regard.

Request To Remove Paragraph (g) of the Original NPRM

    Boeing requested that we consider removing paragraph (g) from the 
original NPRM. Paragraph (g) of the original NPRM is the concurrent 
installation of an automatic shutoff system for the auxiliary fuel tank 
pump. Boeing explained that the safety conditions and fixes associated 
with references to Boeing Service Bulletin 767-28A0083, Revision 2, 
dated February 12, 2009; or Boeing Service Bulletin 767-28A0084, 
Revision 1, dated April 26, 2007; are already mandated by AD 2009-16-
06, and by the instructions in paragraph (f) of the original NPRM with 
implementation of Boeing Service Bulletin 767-28A0085, Revision 2, 
dated August 19, 2010. Boeing stated that future changes to paragraph 
(g) of the original NPRM would require alternative methods of 
compliance (AMOCs) and create added paperwork for Boeing, the airlines, 
and the FAA.
    We disagree with the request to remove paragraph (g) of the 
original NPRM. Accomplishing the actions proposed in the original NPRM 
for the center fuel tank pump system depend on the configuration of the 
center fuel tank pump system of the affected airplanes as modified by 
the accomplishment of the actions specified in the service information 
identified in paragraph (g) of the original NPRM. Therefore, airplanes 
in the effectivity of the service bulletins identified in Table 1 of 
this supplemental NPRM must have the actions done prior to or 
concurrently with the actions proposed in paragraph (g) of this 
supplemental NPRM. If we remove paragraph (i) of this supplemental 
NPRM, there is no assurance that the center fuel tank pump system for 
the affected airplanes would be in the correct configuration during the 
accomplishment of the actions proposed in paragraph (g) of this 
supplemental NPRM.
    Should the service information specified in paragraph (i) of this 
supplemental NPRM change in a way that affects the ground fault 
interrupt (GFI) relays and uncommanded-on protective feature, under the 
provisions of paragraph (o) of this supplemental NPRM, we will consider 
requests for approval of an AMOC if sufficient data are submitted to 
substantiate that the design change would provide an acceptable level 
of safety. We have not changed this supplemental NPRM in this regard.

Request To Remove Paragraphs (h), (i), and (j) of the Original NPRM

    All Nippon Airways (ANA) requested that we remove the proposed 
requirements of paragraphs (h), (i), and (j) of the original NPRM, 
which specify incorporating AWLs No. 28-AWL-27 and No. 28-AWL-28 into 
the maintenance program. ANA stated that these AWLs have already been 
introduced in the airline maintenance program as required by AD 2008-
11-01 R1.
    We disagree with the request to remove paragraphs (k), (l), and (m) 
of the supplemental NPRM (paragraphs (h), (i), and (j) of the original 
NPRM). Incorporating AWLs No. 28-AWL-27 and No. 28-AWL-28 into the 
maintenance program in accordance with AD 2008-11-01 R1 is an option, 
not a requirement. Operators may or may not decide to exercise this 
option. The actions proposed in paragraph (k) of this supplemental NPRM 
remain applicable. However, paragraph (l) of this supplemental NPRM 
gives credit to operators of the affected airplanes that chose the 
optional action; doing the optional action terminates the actions 
proposed in paragraph (k) of this supplemental NPRM. We have not 
changed this supplemental NPRM in this regard.

Request To Define Unsafe Condition and Corrective Actions Clearly

    TDG Aerospace (TDG) requested that we revise the text of the 
original NPRM to reflect the construction of a typical NPRM. TDG stated 
that in that construction, the FAA typically discusses the unsafe 
condition, describes the desired corrective action, and then refers to 
the manufacturer's service information for approved instructions for 
doing the corrective action. TDG pointed out that the intent of the 
original NPRM is effectively masked by focusing on the ``Installation 
of Panel Assemblies and Removal of Relays.'' TDG said this suggests 
that the FAA intends to mandate ``Installation of Panel Assemblies and 
Removal of Relays'' as a desired corrective action for the unsafe 
condition identified in paragraph (d) of the original NPRM. TDG argued 
that the corrective action is the installation of an uncommanded-on 
protection system and installation of GFI relays. TDG stated that 
installing new panels and removing relays is simply one method of 
achieving the corrective action. TDG further stated that the language 
of the rule is important with respect to the application for AMOCs and 
said it would be more straightforward for

[[Page 18667]]

AMOC applicants to show an equivalent level of safety to installing 
uncommanded-on protection and GFI relays as opposed to showing an 
equivalent level of safety to installation of panel assemblies and 
removal of relays.
    We partially agree with TDG's request for clarification. We 
disagree that the order of the supplemental NPRM should be revised. The 
unsafe condition and the intent of the proposed rule are described in 
the Summary and Discussion sections and paragraph (d) of the original 
NPRM. The heading ``Installation of Panel Assemblies and Removal of 
Relays'' is a descriptive title only and not the enforceable language 
of paragraph (f) of the original NPRM. However, we agree that some 
clarification of the P140 and P141 assemblies is necessary. These panel 
assemblies are preassembled modules that contain the GFI relays and the 
center fuel tank override/jettison pumps un-commanded ON protective 
features. We have included in the Summary and Discussion sections of 
the supplemental NPRM the words ``* * * main equipment center or on the 
forward cargo compartment sidewall and removing certain relays from 
some panels in the main equipment center.'' We have also revised the 
wording in paragraph (g) of this supplemental NPRM to reflect a similar 
wording.

Request for Clarification of Prior or Concurrent Actions for Airplanes 
With Deactivated Center Fuel Tank

    TDG pointed out that paragraph (j) of AD 2009-16-06 provides for 
optional terminating action for paragraphs (f), (h), and (i) of that AD 
via deactivation of the center fuel tank. TDG expressed concern that 
operators that deactivate the center tank will not be able to do the 
modifications proposed in the original NPRM without prior or concurrent 
installation of the automatic shutoff system in accordance with the 
actions in proposed paragraph (g) of the original NPRM. TDG stated that 
requiring operators to install an automatic shutoff system on an 
airplane with a deactivated center tank effectively eliminates the 
center tank deactivation as an optional terminating action for AD 2009-
16-06.
    We infer from TDG's comments that it sees a conflict between the 
original NPRM and AD 2009-16-06, amendment 39-15989, that would 
invalidate certain provisions of that AD. We disagree. We note that 
paragraph (g) of the original NPRM proposed to require changes to all 
affected airplanes, whether the airplanes have an active center fuel 
tank (with changes made per paragraphs (f), (h), and (i) of AD 2009-16-
06), or a deactivated center fuel tank (as allowed by paragraph (j) of 
AD 2009-16-06). Changes made per Boeing Service Bulletin 767-28A0085, 
Revision 2, dated August 19, 2010, can be made on airplanes in either 
configuration, and this service bulletin includes instructions for 
testing of an airplane with a deactivated center fuel tank (reference 
Step 3.B.29.e. of the Accomplishment Instructions of this service 
bulletin). If a deactivated center fuel tank is later reactivated, the 
requirements in paragraph (i) of AD 2009-16-06 must be done. We have 
not changed the supplemental NPRM in this regard.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all 
the relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of the same 
type design. Certain changes described above expand the scope of the 
original NPRM. As a result, we have determined that it is necessary to 
reopen the comment period to provide additional opportunity for the 
public to comment on this supplemental NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require accomplishing the actions 
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD will affect 416 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on  U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Installation of GFI equipment     Between 216 and     Between $52,285     Between $70,645     Up to $31,964,608.
 and wiring.                       279 work-hours x    and $53,123.        and $76,838.
                                   $85 per hour =
                                   between $18,360
                                   and $23,715.
Installation of second crossfeed  Between 274 and     Between $30,838     Between $54,128     Between
 valve (prior/concurrent action).  302 work-hours x    and $66,903.        and $92,573.        $22,517,248 and
                                   $85 per hour =                                              $38,510,368.
                                   between $23,290
                                   and $25,670.
Installing automatic shutoff      Between 3 and 29    Between $421 and    Between $676 and    Between $281,216
 system (prior/concurrent          work-hours x $85    $9,374.             $11,835.            and $4,925,024.
 action; required by AD 2009-16-   per hour =
 06).                              between $255 and
                                   $2,465.
Revising the maintenance program  1.................  None..............  $85...............  $35,360.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed 
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.

[[Page 18668]]

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

The Boeing Company: Docket No. FAA-2009-1221; Directorate Identifier 
2008-NM-097-AD.

Comments Due Date

    (a) We must receive comments by May 2, 2011.

Affected ADs

    (b) None.

Applicability

    (c) 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.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport 
Association (ATA) of America Code 28, Fuel.

Unsafe Condition

    (e) 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.

Compliance

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

Installation of Panel Assemblies and Removal of Relays

    (g) 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 (h) of this 
AD.

Exception to Service Bulletin

    (h) 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.

Prior/Concurrent Installations

    (i) 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 action required 
by paragraph (g) 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, terminates the 
requirements of this paragraph.
    (j) For airplanes having line positions 1 through 430: Prior or 
concurrently with accomplishing the action required by paragraph (g) 
of this AD, install a second fuel crossfeed valve, in accordance 
with the Accomplishment Instructions of Boeing Service Bulletin 767-
28-0034, Revision 3, dated March 14, 1996.

Maintenance Program Revision

    (k) Concurrently with accomplishing the actions required by 
paragraph (g) 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; or Revision May 2009. 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) of this AD, or within 1 year after the 
effective date of this AD, whichever occurs later.

Terminating Action for AWLs Revision

    (l) 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, or paragraph (g)(2) of 2008-11-01 R1, 
amendment 39-16145, terminates the action required by paragraph (k) 
of this AD.

No Alternative Inspections or Inspection Intervals

    (m) After accomplishing the actions specified in paragraph (k) 
of this AD, no alterative 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.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (n) Actions done before the effective date of this AD in 
accordance with the service information identified in Table 1 of 
this AD are acceptable for compliance with the corresponding 
requirements of this AD.

[[Page 18669]]



                                       Table 1--Credit Service Information
----------------------------------------------------------------------------------------------------------------
        Boeing Service Bulletin                        Revision                              Date
----------------------------------------------------------------------------------------------------------------
Boeing Alert Service Bulletin 767-       Original...........................  January 10, 2008.
 28A0085.
Boeing Service Bulletin 767-28A0085....  1..................................  June 25, 2009.
Boeing Alert Service Bulletin 767-       Original...........................  May 3, 2006.
 28A0083.
Boeing Service Bulletin 767-28A0083....  1..................................  April 26, 2007.
Boeing Alert Service Bulletin 767-       Original...........................  May 3, 2006.
 28A0084.
Boeing Service Bulletin 767-28-0034....  2..................................  May 4, 1995.
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (o)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. 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 e-mailed to: <a href="/cdn-cgi/l/email-protection#487165090605651b2d293c3c242d65090b07650905070b651a2d393d2d3b3c3b082e2929662f273e"><span class="__cf_email__" data-cfemail="d3eafe929d9efe80b6b2a7a7bfb6fe92909cfe929e9c90fe81b6a2a6b6a0a7a093b5b2b2fdb4bca5">[email protected]</span></a>.
    (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.

Related Information

    (p) 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; e-mail <a href="/cdn-cgi/l/email-protection#16737a7f776538787762657f796679637a79655670777738717960"><span class="__cf_email__" data-cfemail="d4b1b8bdb5a7fabab5a0a7bdbba4bba1b8bba794b2b5b5fab3bba2">[email protected]</span></a>.
    (q) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 
206-544-5000, extension 1; fax 206-766-5680; e-mail 
<a href="/cdn-cgi/l/email-protection#c9a4ace7aba6acaaa6a489aba6aca0a7aee7aaa6a4"><span class="__cf_email__" data-cfemail="ed8088c38f82888e8280ad8f828884838ac38e8280">[email protected]</span></a>; 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.

    Issued in Renton, Washington, on March 24, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-8066 Filed 4-4-11; 8:45 am]
BILLING CODE 4910-13-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>