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[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Proposed Rules]
[Pages 48826-48828]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19458]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0672; Directorate Identifier 2013-NM-058-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain The Boeing Company Model 767-200, -300, -300F, and -400ER 
airplanes. This proposed AD was prompted by reports indicating that a 
standard access door was located where an impact-resistant access door 
was required, and stencils were missing from some impact-resistant 
access doors. This proposed AD would require an inspection of the left- 
and right-hand wing fuel tank access doors to determine that impact-
resistant access doors are installed in the correct locations, and to 
replace any door with an impact-resistant access door if necessary. 
This proposed AD also would require an inspection for stencils and 
index markers on impact-resistant access doors, and application of new 
stencils or index markers if necessary. This proposed AD would also 
require revising the maintenance program to incorporate changes to the 
airworthiness limitations section. We are proposing this AD to prevent 
foreign object penetration of the fuel tank, which could cause a fuel 
leak near an ignition source (e.g., hot brakes or engine exhaust 
nozzle), consequently leading to a fuel-fed fire.

DATES: We must receive comments on this proposed AD by September 26, 
2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed 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 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: Suzanne Lucier, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6438; fax: 425-917-6590; email: suzanne.lucier@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2013-0672; 
Directorate Identifier 2013-NM-058-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy

[[Page 48827]]

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 received reports of a standard access door located where an 
impact-resistant access door is required, and stencils were missing 
from some spare impact-resistant access doors. This condition, if not 
corrected, could result in foreign object penetration of the fuel tank, 
which could cause a fuel leak near an ignition source (e.g., hot brakes 
or engine nozzle), consequently leading to a fuel-fed fire.

Relevant Service Information

    We reviewed Boeing Service Bulletin 767-28-0105, dated January 12, 
2012; and critical design configuration control limitation (CDCCL) Task 
57-AWL-01, ``Impact-Resistant Fuel Tank Access Door,'' of Section 9, 
Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs) of Boeing 767 Maintenance Planning Data Document 
D622T001-9, Revision October 2012. For information on the procedures 
and compliance times, see this service information at http://www.regulations.gov by searching for Docket No. FAA-2013-0672.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of these same type 
designs.

Proposed AD Requirements

    The FAA issued section 121.316 of the Federal Aviation Regulations 
(14 CFR 121.316) requiring that each turbine powered transport category 
airplane meet the requirements of section 25.963(e) of the Federal 
Aviation Regulations (14 CFR 25.963(e)). Section 25.963(e) outlines the 
certification requirements for fuel tank access covers on turbine 
powered transport category airplanes.
    This proposed AD would require inspecting fuel tank access doors to 
determine that impact-resistant access doors are installed in the 
correct locations and replacing any door with an impact-resistant 
access door if necessary; inspecting application of stencils and index 
markers of impact-resistant access doors and application of new 
stencils or index markers if necessary; and revising the maintenance 
program.
    This proposed AD requires revisions to certain operator maintenance 
documents to include a new CDCCL. Compliance with CDCCLs is required by 
section 91.403(c) of the Federal Aviation Regulations (14 CFR 
91.403(c)). For airplanes that have been previously modified, altered, 
or repaired in the areas addressed by this proposed AD, the operator 
might not be able to accomplish the actions 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 according to 
the procedures specified in paragraph (j) of this proposed AD. The 
request should include a description of changes to the required actions 
that will ensure the continued damage tolerance of the affected 
structure.
    After accomplishing the revision required by paragraph (h) of this 
AD, no alternative actions (e.g., inspections), intervals, and/or 
CDCCLs may be used unless the actions, intervals, and/or CDCCLs are 
approved as an alternative method of compliance (AMOC) in accordance 
with the procedures specified in paragraph (j) of this AD.

Costs of Compliance

    We estimate that this proposed AD affects 425 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection..........................  Up to 7 work-hours x                 $0             $595         $252,875
                                       $85 per hour = $595.
Maintenance program revision........  1 work-hour x $85 per                 0               85           36,125
                                       hour = $85.
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    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the proposed inspection. 
We have no way of determining the number of aircraft that might need 
these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                   Action                               Labor cost               Parts cost     Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement per door........................  3 work-hours x $85 per hour =             $8,000            $8,255
                                               $255.
Stencil and index marker....................  9 work-hours x $85 per hour =                  0               765
                                               $765.
----------------------------------------------------------------------------------------------------------------

    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 proposed regulation is 
within the scope of that

[[Page 48828]]

authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

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

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2013-0672; Directorate Identifier 
2013-NM-058-AD.

(a) Comments Due Date

    We must receive comments by September 26, 2013.

(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 767-28-0105, dated January 12, 
2012.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports indicating that a standard 
access door was located where an impact-resistant access door was 
required, and stencils were missing from some impact-resistant 
access doors. We are issuing this AD to prevent foreign object 
penetration of the fuel tank, which could cause a fuel leak near an 
ignition source (e.g., hot brakes or engine nozzle), consequently 
leading to a fuel-fed fire.

(f) Compliance

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

(g) Inspections

    Within 72 months after the effective date of this AD, do the 
actions specified in paragraphs (g)(1) and (g)(2) of this AD, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 767-28-0105, dated January 12, 2012.
    (1) Do either a general visual inspection or ultrasonic non-
destructive test of the left- and right-hand wing fuel tank access 
doors to determine whether impact-resistant access doors are 
installed in the correct locations. If any standard access door is 
found, before further flight, replace with an impact-resistant 
access door, in accordance with the Accomplishment Instructions of 
Boeing Service Bulletin 767-28-0105, dated January 12, 2012.
    (2) Do a general visual inspection of the left- and right-hand 
wing fuel tank impact-resistant access doors to verify stencils and 
index markers are applied. If a stencil or index marker is missing, 
before further flight, apply stencil or index marker, as applicable, 
in accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 767-28-0105, dated January 12, 2012.

(h) Maintenance Program Revision

    Within 60 days after the effective date of this AD, revise the 
maintenance program to incorporate critical design configuration 
control limitation (CDCCL) Task 57-AWL-01, ``Impact-Resistant Fuel 
Tank Access Door,'' of Section 9, Airworthiness Limitations (AWLs) 
and Certification Maintenance Requirements (CMRs) of Boeing 767 
Maintenance Planning Data Document D622T001-9, Revision October 
2012.

(i) No Alternative Actions, Intervals, and/or CDCCLs

    After accomplishing the revision required by paragraph (h) of 
this AD, no alternative actions (e.g., inspections), intervals, and/
or CDCCLs may be used unless the actions, intervals, and/or CDCCLs 
are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in paragraph (j) of this 
AD.

(j) 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) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Seattle ACO to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.

(k) Related Information

    (1) For more information about this AD, contact Suzanne Lucier, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 
98057-3356; phone: 425-917-6438; fax: 425-917-6590; email: 
suzanne.lucier@faa.gov.
    (2) 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.

    Issued in Renton, Washington, on August 2, 2013.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-19458 Filed 8-9-13; 8:45 am]
BILLING CODE 4910-13-P
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