[Federal Register Volume 69, Number 216 (Tuesday, November 9, 2004)]
[Rules and Regulations]
[Pages 64839-64842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24624]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-409-AD; Amendment 39-13853; AD 2004-22-25]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 767-200, -300, and -300F series 
airplanes, that requires a one-time inspection for discrepancies of all 
wire bundles, including certain power feeder cables, of the electrical 
system in the forward cargo compartment ceiling at certain stations; 
and corrective actions if necessary. This action is necessary to 
prevent damage to wire bundles, particularly those of the fuel quantity 
indication system (FQIS), which are located in the subject area. Damage 
of FQIS wires could cause arcing between those wires and power wires in 
the damaged wire bundle, and may lead to transmission of electrical 
energy into the fuel tank, which would result in a potential source of 
ignition in the fuel tank. This action is intended to address the 
identified unsafe condition.

DATES: Effective December 14, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 14, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplanes, PO Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call (202) 741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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 98055-
4056; telephone (425) 917-6478; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Boeing Model 767-200, -
300, and -300F series airplanes was published as a supplemental notice 
of proposed rulemaking (NPRM) in the Federal Register on January 28, 
2003 (68 FR 4116). That action proposed to require a one-time detailed 
inspection to detect discrepancies of all wire bundles routed along the 
ceiling of the forward cargo compartment at certain stations; and 
corrective actions if necessary.

Explanation of New Service Information

    Since the issuance of the supplemental NPRM, Boeing issued and we 
reviewed Revision 3 of Boeing Service Bulletin 767-24A0128, dated June 
24, 2004. (The supplemental NPRM referred to Revision 2 of the service 
bulletin as the appropriate source of service information for 
accomplishing the proposed actions.) Revision 3 adds a new Figure 2 to 
clarify the instructions for inspecting the power feeder cables and 
installing sleeving, and clarifies the instructions for installing 
sleeving and lacing tape in Figure 1. Revision 3 also corrects a 
typographical error that resulted in the reference to an incorrect 
station; the supplemental NPRM specified the correct station. No more 
work is necessary on airplanes changed in accordance with Revision 2 or 
earlier releases of the service bulletin, provided that the required 
inspection and applicable corrective actions are done on all wire 
bundles, including power feeder cables W208 and W236, of the electrical 
system in the forward cargo compartment from stations 368 through 742 
and from right buttock lines (RBL) 40 through 70, routed along the 
ceiling.
    In light of the changes to the service bulletin described above, we 
have revised paragraphs (a) and (a)(2) and the preamble of this AD 
accordingly, to clarify the inspection area and clearance measurements. 
In addition, we have revised the final rule to refer to Revision 3 of 
the service bulletin as the appropriate source of service information 
for accomplishing the required actions and added a new paragraph (b) to 
give operators credit for accomplishing the required actions before the 
effective date of the AD, in accordance with Revision 2 or earlier 
releases of the service bulletin with the provision described 
previously.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Extend Compliance Time

    One commenter requests that the compliance time for the proposed 
inspection specified in paragraph (a) of the supplemental NPRM be 
extended from 18 to 24 months to coincide with regularly scheduled 
``C'' checks. The commenter states that the proposed compliance time of 
18 months will require approximately one-fourth of its fleet to be 
scheduled at special times for the accomplishment of the inspection at 
additional expense. The commenter also states that a detailed 
inspection was done on two of its oldest airplanes and no chafing was 
found, and that the proposed inspection area is already included in an 
existing maintenance inspection program. For these reasons, the 
commenter concludes that a 24-month compliance time will provide an 
equivalent level of safety.
    The FAA partially agrees. We do not agree with the commenter's 
rationale for extending the compliance time. The inspection that the 
commenter refers to in the existing maintenance program is not a 
detailed inspection of the wire bundles; it is a general visual 
inspection of the area that includes the wire bundles. In addition, 
although the commenter found no chafing damage on its oldest airplanes, 
age is not the only contributing factor to wire degradation and 
consequent damaged wire bundles. The wiring on any airplane, regardless

[[Page 64840]]

of age, is also susceptible to contributing factors such as improper 
installation or maintenance, contamination, fluid leakages, inadvertent 
spillage of liquids, or harmful debris that may be generated during 
production or maintenance.
    In developing an appropriate compliance time for the required 
inspection, we considered the safety implications, the commenters' 
request in the original NPRM to extend the compliance time from 15 to 
18 months, and normal maintenance schedules for timely accomplishment 
of the inspection. In consideration of these items, we have determined 
that 18 months represents an appropriate interval of time allowable 
wherein the inspection can be accomplished during scheduled maintenance 
intervals for the majority of affected operators, and an acceptable 
level of safety can be maintained. However, we recognize that some 
operators' ``C'' check intervals are longer than 18 months because of a 
low utilization rate. Therefore, we have revised the compliance time 
specified in paragraph (a) of this AD to ``Within 18 months or 6,000 
flight hours after the effective date of this AD, whichever occurs 
later.''

Request To Exclude the Generator Power Feeder Cables From the Required 
Actions

    One commenter requests that paragraph (a) of the supplemental NPRM 
be revised to state, ``* * * to detect discrepancies of the stranded 
wire bundles routed in the notched floor beam area along the ceiling of 
the forward cargo compartment, from station 368 through 742. * * *'' 
The commenter states that Revision 2 of the referenced service bulletin 
describes an inspection area beyond where wiring actually exists, and 
that it does not differentiate between the stranded wire bundles and 
the feeder cables. The commenter also states that the feeder cables are 
well supported within an inch of the stand-offs, are relatively stiff 
as compared to the stranded wire bundles, and are not part of the 
issues that prompted the proposed actions on the cables in this area. 
The commenter further states that there is no benefit gained from 
attaching plastic sleeving or adding spacers where the cable is routed 
greater than .125 inch from any stand-off.
    We do not agree with the suggestion as worded by the commenter, but 
do agree that the inspection area specified in paragraph (a) and 
clearance measurements specified in paragraph (a)(2) of this AD need to 
be clarified. In conjunction with Boeing, we conducted an inspection of 
the subject area on certain affected Boeing Model 767 series airplanes 
at Boeing's production area. The inspection results revealed that power 
feeder cables W208 and W236 are more rigidly supported in their 
position than other electrical wire bundles in the forward cargo 
compartment from stations 368 through 742 and RBLs 40 through 70, 
routed along the cargo compartment ceiling. As discussed previously, we 
have reviewed Revision 3 of Boeing Service Bulletin 767-24A0128, dated 
June 24, 2004, which clarifies the inspection area and clearance 
measurement, and have revised the final rule accordingly.

Request To Allow Installation of a Tie Cord

    One commenter requests that paragraph (a)(2)(ii) of the 
supplemental NPRM be revised to allow installation of a tie cord 
instead of a tie strap. The commenter notes that Figure 1, Step 5 of 
Revision 2 of the referenced service bulletin specifies the use of a 
strap having part number (P/N) BACS38K2 to secure the harness to the 
cable mount. The commenter states that the retainer end of the strap 
can interfere with adjacent harness runs and may cause future damage.
    We agree with the commenter's request and observations. We have 
determined that a tie cord having P/N BMS 13-54 or equivalent may be 
used as an alternative to a strap having P/N BACS38K2. We have revised 
paragraph (a)(2) of this AD accordingly.

Request To Fix Service Bulletin Errors

    One commenter notes that the inspection area specified in the 
``NOTES'' column in the table of Figure 1 of Revision 2 of the service 
bulletin should be from station ``368,'' not ``638.'' From this 
comment, we infer that the commenter is requesting us to inform Boeing 
of the error. We agree. As discussed previously, Boeing has issued and 
we have reviewed Revision 3 of the service bulletin, which corrects the 
typographical error. However, no change to the final rule is necessary 
in this regard, because this AD specifies the correct station.
    In the ``NOTES'' column in the table of Figure 1 of Revision 2 of 
the service bulletin, the same commenter also notes that it refers to 
Boeing Standard Wiring Practices Manual (BWSPM) sections 20-10-11 and 
20-10-12. The commenter states that these sections specify installation 
criteria, not an inspection procedure, and that BWSPM section 20-60-03, 
page 201, sub-task 222-003 is a more appropriate reference as it is an 
inspection criteria directed toward damage identification.
    We agree with the commenter that BWSPM sections 20-10-11 and 20-10-
12 do not provide inspection procedures. In fact, none of the BSWPM 
sections describe procedures for inspections. The intent of those 
sections is to provide instructions how to examine the wires and 
mounting components to determine installation and damage conditions and 
to make necessary repairs. Revisions 2 and Revision 3 of the service 
bulletin are referring to those sections for that purpose only. We also 
note that BSWPM section 20-60-03, as suggested by the commenter, 
provides procedures for special protection of electrical connectors. No 
change to the final rule is necessary in this regard.

Request for Credit for Accomplishment of Earlier Service Bulletin

    One commenter requests that the supplemental NPRM be revised to 
give operators credit for prior accomplishment of Boeing Alert Service 
Bulletin 767-24A0128, dated May 11, 2000; and Revision 1, dated 
December 6, 2001; as acceptable means of compliance with the 
requirements of the supplemental NPRM.
    A second commenter requests credit for Revision 1 only. The 
commenter states that Revision 1 of the service bulletin is more 
restrictive than Revision 2 with regard to the installation of the 
subject Teflon protection, clamps, and straps, and therefore, offers an 
equivalent level of protection to the wire bundles. The commenter also 
states that the addition of buttock line information to Revision 2, 
while useful data, does not affect the ability to accomplish the intent 
of the supplemental NPRM. The commenter believes that all of the 
subject wire bundles in the inspection area are closely located to each 
other and clearly visible to maintenance personnel when the inspection 
area is accessed. Further, the commenter notes that there are no 
differences between the illustrations in Revisions 1 and 2 showing wire 
bundle locations subject to the inspection, and therefore, concludes 
that the areas to be accessed are the same.
    We partially agree with the commenters' request. As discussed in 
the preamble of the supplemental NPRM, Revision 2 of the referenced 
service bulletin expands the inspection to include areas that were 
inadvertently omitted from the original service bulletin and Revision 
1. Figure 1 of the original issue and Revision 1 incorrectly identifies 
the inspection area as RBL 70 only; the correct inspection area is 
between RBL 40 and RBL 70. Therefore, we do not agree with the 
commenters

[[Page 64841]]

that accomplishing the required inspection and applicable corrective 
actions at RBL 70 only, as specified in the original issue and Revision 
1 of the referenced service bulletin, is an acceptable means of 
compliance with the requirements of this AD. However, as discussed 
previously, we have added a new paragraph (b) to the final rule to give 
operators credit for accomplishing the required actions before the 
effective date of the AD in accordance with those previous releases of 
the referenced service bulletin, provided that those actions were done 
on the subject wire bundles from stations 368 through 742 and from RBL 
40 through 70.

Conclusion

    After careful review of the available data, including the comments 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule with the changes previously described. 
These changes will neither increase the economic burden on any operator 
nor increase the scope of the AD.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the supplemental NPRM regarding that 
material.

Changes to Labor Rate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are about 774 airplanes of the affected design in the 
worldwide fleet. We estimate that 303 airplanes of U.S. registry will 
be affected by this AD, that it will take approximately 2 work hours 
per airplane to accomplish the required inspection, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of this AD on U.S. operators is estimated to be $39,390, or 
$130 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a 
significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-22-25 Boeing: Amendment 39-13853. Docket 2000-NM-409-AD.

    Applicability: Model 767-200, -300, and -300F series airplanes; 
certificated in any category; as listed in Boeing Alert Service 
Bulletin 767-24A0128, Revision 3, dated June 24, 2004.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent damage of wire bundles in the forward cargo 
compartment, particularly wires of the fuel quantity indication 
system (FQIS) installed in that area, which could cause arcing 
between the FQIS wires and power wires in the damaged wire bundle, 
lead to transmission of electrical energy into the fuel tank, and 
result in a potential source of ignition in the fuel tank, 
accomplish the following:

Inspection and Corrective Actions

    (a) Within 18 months or 6,000 flight hours after the effective 
date of this AD, whichever occurs later, do a one-time detailed 
inspection for discrepancies of all wire bundles, including power 
feeder cables W208 and W236, of the electrical system in the forward 
cargo compartment from stations 368 through 742 and from right 
buttock lines (RBL) 40 through 70, routed along the ceiling, 
according to the Accomplishment Instructions of Boeing Alert Service 
Bulletin 767-24A0128, Revision 3, dated June 24, 2004. Discrepancies 
include chafing or damage of wire bundles near stand-offs that 
attach the cargo ceiling liner to the floor beams.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

    (1) Before further flight, repair any discrepancy, according to 
the Accomplishment Instructions of the service bulletin.
    (2) Before further flight, examine the clearance between all 
wire bundles, including the power feeder cables, in the forward 
cargo compartment and the cargo liner standoffs, and do the 
applicable

[[Page 64842]]

corrective actions specified in paragraphs (a)(2)(i) and (a)(2)(ii) 
of this AD, according to the service bulletin. A tie cord having P/N 
BMS 13-54 or equivalent may be used as an alternative to a tie strap 
having part number BACS38K2.

   Table 1.--Clearance Between Wire Bundles and Cargo Liner Standoffs
------------------------------------------------------------------------
  If the clearance between
            the--                     Is--                 Then--
------------------------------------------------------------------------
(i) Wire bundles and cargo    0.25 inch or more...  No further action is
 liner standoffs.                                    required by this
                                                     AD.
                              Between 0.13 and      Install sleeving and
                               0.25 inch.            lacing tape
                              Less than 0.13 inch.  Install sleeving,
                                                     lacing tape, cable
                                                     spacers, and
                                                     straps.
(ii) Power feeder cables and  0.13 inch or more...  No further action is
 cargo liner standoffs.                              required by this AD
                              Less than 0.13 inch.  Install sleeving,
                                                     lacing tape, cable
                                                     spacers, and
                                                     straps.
------------------------------------------------------------------------

Credit for Actions Done Previously

    (b) Accomplishment of the inspection and applicable corrective 
actions before the effective date of this AD in accordance with 
Boeing Alert Service Bulletin 767-24A0128, dated May 11, 2000; 
Revision 1, dated December 6, 2001; or Revision 2, dated May 23, 
2002; is acceptable for compliance with the corresponding actions 
required by this AD, provided that those actions were done on all 
wire bundles, including power feeder cables W208 and W236, of the 
electrical system in the forward cargo compartment from stations 368 
through 742 and from RBLs 40 through 70, routed along the ceiling.

Alternative Methods of Compliance

    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Seattle ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Service Bulletin 767-24A0128, 
Revision 3, dated June 24, 2004. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from 
Boeing Commercial Airplanes, PO Box 3707, Seattle, Washington 98124-
2207. Copies may be inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call (202) 741-6030, 
or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Effective Date

    (f) This amendment becomes effective on December 14, 2004.

    Issued in Renton, Washington, on October 26, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-24624 Filed 11-8-04; 8:45 am]
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