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[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Rules and Regulations]
[Pages 42411-42415]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15526]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0864; Directorate Identifier 2011-NM-023-AD; 
Amendment 39-17496; AD 2013-13-08]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for certain The Boeing Company Model 767 airplanes. That AD currently 
requires sealing certain fasteners and stiffeners in the fuel tank, 
changing certain wire bundle clamp configurations on the fuel tank 
walls, inspecting certain fasteners in the fuel tanks and determining 
the method of attachment of the vortex generators; and performing 
corrective actions if necessary. This new AD adds a general visual 
inspection for the presence of a polytetrafluoroethylene

[[Page 42412]]

(TFE) sleeve at the clamp location on the rear spar, and installation 
of a TFE sleeve if necessary. This new AD also adds airplanes to the 
applicability. This AD was prompted by fuel system reviews conducted by 
the manufacturer, and the identification of another possible ignition 
source location. We are issuing this AD to prevent possible ignition 
sources in the auxiliary (center) fuel tank, main fuel tanks, and surge 
tanks caused by a wiring short or lightning strike, which could result 
in fuel tank explosions and consequent loss of the airplane.

DATES: This AD is effective August 20, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of August 20, 
2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of October 
1, 2009 (76 FR 43621, August 27, 2009).

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, P. 
O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, 
extension 1; fax 206-766-5680; 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, WA. 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: Rebel Nichols, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6509; fax: 425-917-6590; email: rebel.nichols@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2009-18-02, Amendment 39-15998 (74 FR 43621, 
August 27, 2009). AD 2009-18-02 applied to the specified products. The 
NPRM published in the Federal Register on September 6, 2012 (77 FR 
54850). The NPRM proposed to continue to require sealing certain 
fasteners and stiffeners in the fuel tank, changing certain wire bundle 
clamp configurations on the fuel tank walls, inspecting certain 
fasteners in the fuel tanks and determining the method of attachment of 
the vortex generators; and performing corrective action if necessary. 
The NPRM also proposed to require a general visual inspection for the 
presence of a polytetrafluoroethylene (TFE) sleeve at the clamp 
location on the rear spar, and installation of a TFE sleeve if 
necessary. The NPRM also proposed to add airplanes to the 
applicability.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 54850, September 6, 2012) and the FAA's response to each 
comment.
    United Airlines stated that it has no comment for the NPRM (77 FR 
54850, September 6, 2012).

Request to Change Acronym

    Boeing requested that we change the NPRM (77 FR 54850, September 6, 
2012) to correct an acronym from ``TFE'' to ``PTFE.'' Boeing stated 
that the proper acronym for polytetrafluoroethylene is ``PTFE.''
    We disagree with changing the acronym in this AD. The service 
information required by this AD refers to polytetrafluoroethylene as 
``TFE'' throughout; therefore, to reduce the potential for confusion, 
we have not changed the acronym ``TFE'' in this AD.

Request for Credit

    Air New Zealand requested that we allow credit for prior 
incorporation of Boeing Service Bulletin 767-57A0102, Revision 3, dated 
December 2, 2010, for the requirements of paragraph (j) of the NPRM (77 
FR 54850, September 6, 2012).
    We agree with the request, but provide the following clarification. 
Paragraph (j) of this AD specifies the compliance time for certain 
airplanes to accomplish the actions of paragraph (h) of this AD. We 
have changed the heading for paragraph (j) of this AD to focus on the 
compliance time. Paragraph (h) of this AD specifies to do the actions 
in accordance with Boeing Service Bulletins 767-57A0102, Revision 01, 
dated November 27, 2007; or Revision 4, dated September 20, 2011. Since 
paragraph (l)(2) of this AD gives credit for Boeing Service Bulletin 
767-57A0102, Revision 3, dated December 2, 2010, for accomplishing the 
actions in paragraph (h) of this AD, we have not changed the AD in this 
regard.

STC Winglet Comment

    Aviation Partners Boeing and Air New Zealand stated that the 
installation of winglets per STC ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/59027F43B9A7486E86257B1D006591EE?OpenDocument&Highlight=st01920se) does 
not affect the accomplishment of the manufacturer's service 
instructions.
    We have added paragraph (c)(2) to this AD to state that 
installation of STC ST01920SE does not affect the ability to accomplish 
the actions required by this AD. Therefore, for airplanes on which STC 
ST01920SE is installed, a ``change in product'' alternative method of 
compliance (AMOC) approval request is not necessary to comply with the 
requirements of 14 CFR 39.17. For all other AMOC requests, the operator 
must request approval for an AMOC in accordance with the procedures 
specified in paragraph (m) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the change described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 54850, September 6, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 54850, September 6, 2012).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 414 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

[[Page 42413]]

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                  Number of U.S.-
            Action                 Labor cost       Parts cost       Cost per       registered     Cost on U.S.
                                                                      product        airplanes       operators
----------------------------------------------------------------------------------------------------------------
Group 1--Seal ends of           6 work-hours x                $0            $510             367        $187,170
 fasteners--Boeing Service       $85 per hour =
 Bulletin 767[dash]57A0100       $510.
 (retained actions from AD
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
Group 2--Seal ends of           114 work-hours x               0           9,690              37         358,530
 fasteners--Boeing Service       $85 per hour =
 Bulletin 767[dash]57A0100       $9,690.
 (retained actions from AD
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
Group 3--Inspection--Boeing     1 work-hour x                  0              85               9             765
 Service Bulletin 767-57A0100    $85 per hour =
 (retained actions from AD       $85.
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
Group 1--Change wire bundle     250 work-hours x           1,632          22,882             376       8,603,632
 clamp configurations, Boeing    $85 per hour =
 Service Bulletin                $21,250.
 767[dash]57A0102 (retained
 actions from AD 2009-18-02,
 Amendment 39-15998 (74 FR
 43621, August 27, 2009)).
Group 2--Change wire bundle     874 work-hours x           1,304          75,594              37       2,796,978
 clamp configurations, Boeing    $85 per hour =
 Service Bulletin                $74,290.
 767[dash]57A0102 (retained
 actions from AD 2009-18-02,
 Amendment 39-15998 (74 FR
 43621, August 27, 2009)).
Group 3--Change wire bundle     26 work-hours x              338           2,548               1           2,548
 clamp configuration and seal    $85 per hour =
 fasteners, Boeing Service       $2,210.
 Bulletin 767[dash]57A0102
 (retained actions from AD
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
All airplanes--Inspection (new  1 work-hour x                  0              85             414          35,190
 action).                        $85 per hour =
                                 $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repair that 
would be required based on the results of the inspection. We have no 
way of determining the number of aircraft that might need this repair:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                Action                         Labor cost           Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
Seal ends of fasteners--Boeing Service  6 work-hours x $85 per                $0  Up to $510.
 Bulletin 767-57A0100 (retained          hour = $510.
 actions from AD 2009-18-02, Amendment
 39-15998 (74 FR 43621, August 27,
 2009)).
Installation of TFE sleeve--Boeing      1 work-hour x $85 per                 $0  $85.
 Service Bulletin 767[dash]57A0102.      hour = $85.
----------------------------------------------------------------------------------------------------------------

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:

[[Page 42414]]

    (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),
    (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

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD) 
2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009), and 
adding the following new AD:

2013-13-08 The Boeing Company: Amendment 39-17496; Docket No. FAA-
2012-0864; Directorate Identifier 2011-NM-023-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective August 20, 2013.

(b) Affected ADs

    This AD supersedes AD 2009-18-02, Amendment 39-15998 (74 FR 
43621, August 27, 2009).

(c) Applicability

    (1) 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 767-57A0100, Revision 3, dated 
July 28, 2011; and Boeing Service Bulletin 767-57A0102, Revision 4, 
dated September 20, 2011.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/59027F43B9A7486E86257B1D006591EE?OpenDocument&Highlight=st01920se) 
does not affect the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which STC ST01920SE is 
installed, a ``change in product'' alternative method of compliance 
(AMOC) approval request is not necessary to comply with the 
requirements of 14 CFR 39.17.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent possible ignition 
sources in the auxiliary (center) fuel tank, main fuel tanks, and 
surge tanks caused by a wiring short or lightning strike, which 
could result in fuel tank explosions and consequent loss of the 
airplane.

(f) Compliance

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

(g) Retained Fastener Sealant Application

    This paragraph restates the requirements of paragraph (f) of AD 
2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009), with 
revised service information. For airplanes identified in Boeing 
Service Bulletin 767-57A0100, Revision 01, dated June 19, 2008: 
Within 60 months after October 1, 2009 (the effective date of AD 
2009-18-02), do the actions in paragraph (g)(1) or (g)(2) of this 
AD, as applicable, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 767-57A0100, Revision 01, 
dated June 19, 2008; or Boeing Service Bulletin 767-57A0100, 
Revision 3, dated July 28, 2011. As of the effective date of this 
AD, only Boeing Service Bulletin 767-57A0100, Revision 3, dated July 
28, 2011, may be used to accomplish the requirements of this 
paragraph.
    (1) For Groups 1 and 2 airplanes: Seal the ends of the fasteners 
on the brackets that hold the vortex generators, and seal the ends 
of the fasteners on certain stiffeners on the rear spar, as 
applicable.
    (2) For Group 3 airplanes: Do a detailed inspection to determine 
the method of attachment of the vortex generators and, before 
further flight, do all applicable specified corrective actions.

(h) Retained Wire Bundle Sleeve and Clamp Installation and Fastener 
Sealant Application

    This paragraph restates the requirements of paragraph (g) of AD 
2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009), with 
revised service information. For airplanes identified in Boeing 
Service Bulletin 767-57A0102, Revision 01, dated November 27, 2007: 
Within 60 months after October 1, 2009 (the effective date of AD 
2009-18-02), do the actions specified in paragraphs (h)(1), (h)(2), 
and (h)(3) of this AD, as applicable, in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 767-57A0102, 
Revision 01, dated November 27, 2007; or Boeing Service Bulletin 
767-57A0102, Revision 4, dated September 20, 2011. As of the 
effective date of this AD, only Boeing Service Bulletin 767-57A0102, 
Revision 4, dated September 20, 2011, may be used to accomplish the 
actions required by this paragraph.
    (1) Change the wire bundle clamp configurations at specified 
locations on the fuel tank walls.
    (2) Seal the fasteners and certain stiffeners at specified 
locations in the fuel tank.
    (3) Do a detailed inspection of the sealant of the fasteners in 
the auxiliary tank center bay and rib 28 of the left and right main 
fuel tanks. Seal any unsealed fasteners before further flight.

(i) Definition

    This paragraph restates the information specified in Note 1 of 
AD 2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009). 
For the purposes of this AD, a detailed inspection is: An intensive 
examination of a specific item, installation, or assembly to detect 
damage, failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at an intensity 
deemed appropriate. Inspection aids such as mirror, magnifying 
lenses, etc., may be necessary. Surface cleaning and elaborate 
procedures may be required.

(j) Compliance Time for New Wire Bundle Sleeve and Clamp Installation 
and Fastener Sealant Application for Newly Added Airplanes

    For airplanes identified in Boeing Service Bulletin 767-57A0102, 
Revision 4, dated September 20, 2011, but not identified in 
paragraph (h) of this AD: Do the actions required by paragraph (h) 
of this AD within 60 months after the effective date of this AD.

(k) New Inspection and Sleeve Installation

    For airplanes identified as Groups 1 and 2 in Boeing Service 
Bulletin 767-57A0102, Revision 4, dated September 20, 2011: Within 
60 months after the effective date of this AD, do a general visual 
inspection of the clamp location on the rear spar to determine 
whether a polytetrafluoroethylene (TFE) sleeve is installed between 
the clamp and the plastic convoluted tube, in accordance with Work 
Package 13 of the Accomplishment Instructions of Boeing Service 
Bulletin 767-57A0102, Revision 4, dated September 20, 2011.
    (1) If a TFE sleeve is not installed between the clamp and the 
plastic convoluted tubing, before further flight, install a TFE 
sleeve, in accordance with the Accomplishment Instructions of Boeing 
Service Bulletin 767-57A0102, Revision 4, dated September 20, 2011.
    (2) If a TFE sleeve is installed between the clamp and the 
plastic convoluted tubing, no more work is required by this 
paragraph.

(l) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Service Bulletin 767-57A0100, 
dated August 21, 2006, which is not incorporated by reference in 
this AD; Revision 1, dated June 19, 2008; or Revision 2, dated May 
20, 2010, which is not incorporated by reference in this AD.
    (2) This paragraph provides credit for the actions required by 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Service Bulletin 767-57A0102, 
Revision 1, dated November 27, 2007; Revision 2, dated January 7, 
2010, which is not incorporated by

[[Page 42415]]

reference in this AD; or Revision 3, dated December 2, 2010, which 
is not incorporated by reference in this AD.

(m) Alternative Methods of Compliance (AMOCs)

    (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 emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) AMOCs approved previously in accordance with AD 2009-18-02, 
Amendment 39-15998 (74 FR 43621, August 27, 2009), are approved as 
AMOCs for the corresponding provisions of this AD.

(n) Related Information

    (1) For more information about this AD, contact Rebel Nichols, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 
98057-3356; phone: 425-917-6509; fax: 425-917-6590; email: 
rebel.nichols@faa.gov.
    (2) Service information identified in this AD that is not 
incorporated by reference may be obtained at the address specified 
in paragraph (o)(5) of this AD. For service information identified 
in this AD, contact Boeing Commercial Airplanes, Attention: Data & 
Services Management, P. O. Box 3707, MC 2H-65, Seattle, WA 98124-
2207; telephone 206-544-5000, extension 1; fax 206-766-5680; 
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, WA. For information on 
the availability of this material at the FAA, call 425-227-1221.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
August 20, 2013.
    (i) Boeing Service Bulletin 767-57A0100, Revision 3, dated July 
28, 2011.
    (ii) Boeing Service Bulletin 767-57A0102, Revision 4, dated 
September 20, 2011.
    (4) The following service information was approved for IBR on 
October 1, 2009, (74 FR 43621, August 27, 2009).
    (i) Boeing Service Bulletin 767-57A0100, Revision 01, dated June 
19, 2008.
    (ii) Boeing Service Bulletin 767-57A0102, Revision 01, dated 
November 27, 2007.
    (5) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
    (6) You may view this service information at FAA, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.
    (7) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on June 13, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-15526 Filed 7-15-13; 8:45 am]
BILLING CODE 4910-13-P
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