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[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Proposed Rules]
[Pages 37681-37684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15530]

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

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain The Boeing Company Model 767-200, -300, -300F, and -
400ER airplanes. The NPRM proposed to require an inspection of the wing 
fuel tank access doors to determine whether impact-resistant access 
doors are installed in the correct locations, and to replace 
incorrectly installed doors with impact-resistant access doors. The 
NPRM also proposed to require an inspection for stencils and index 
markers on impact-resistant access doors, and application of new 
stencils or index markers if necessary. In addition, the NPRM proposed 
to require revising the maintenance program to incorporate changes to 
the airworthiness limitations section. The NPRM 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 action revises the NPRM by adding 
airplanes to the applicability. We are proposing this supplemental NPRM 
(SNPRM) to prevent foreign object penetration of the fuel tank from 
uncontained engine failure or tire debris, 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. 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 SNPRM by August 18, 2014.

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: 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 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 view this 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 by searching for and locating Docket No. FAA-2013-
0672; 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 proposed AD. Send your comments

[[Page 37682]]

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 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 by adding an AD that 
would apply to The Boeing Company Model 767-200, -300, -300F, and -
400ER series airplanes. The NPRM published in the Federal Register on 
August 12, 2013 (78 FR 48826). The NPRM proposed to require an 
inspection of the left- and right-hand wing fuel tank access doors to 
determine whether impact-resistant access doors are installed in the 
correct locations, and to replace incorrectly installed doors with 
impact-resistant access doors. The NPRM also proposed to require an 
inspection for stencils and index markers on impact-resistant access 
doors, and application of new stencils or index markers if necessary. 
In addition, the NPRM proposed to require revising the maintenance 
program to incorporate changes to the airworthiness limitations 
section.

Actions Since NPRM (78 FR 48826, August 12, 2013) Was Issued

    Since we issued the NPRM (78 FR 48826, August 12, 2013), we have 
determined that more airplanes are subject to the unsafe condition. 
This includes all airplanes delivered prior to the release of the 
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 January 2013.

Comments

    We gave the public the opportunity to comment on the NPRM (78 FR 
48826, August 12, 2013). The following presents the comments received 
on the NPRM and the FAA's response to each comment.

Request To Include Revised Service Information

    Boeing requested that we revise the NPRM (78 FR 48826, August 12, 
2013) to include Boeing Service Bulletin 767-28-0105, Revision 1, dated 
February 6, 2013, which revises the applicability from line numbers 1 
through 984 to line numbers 1 through 1039. This will include all 
airplanes delivered prior to the release of the Maintenance Planning 
Data (MPD) update to contain 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, 
which makes sure the impact-resistant access doors are installed at the 
correct locations per ongoing maintenance actions.
    We agree with the request to include Boeing Service Bulletin 767-
28-0105, Revision 1, dated February 6, 2013, in this SNPRM. The 
references specified in paragraphs (c) and (g) of this SNPRM have been 
revised accordingly. We have also added new paragraph (j) to this SNPRM 
to provide credit for actions required by paragraph (g) of this SNPRM 
using Boeing Service Bulletin 767-28-0105, dated January 12, 2012. In 
addition, we have re-designated the subsequent paragraphs accordingly. 
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.

Request To Withdraw the NPRM (78 FR 48826, August 12, 2013)

    American Airlines (AAL) requested that the NPRM (78 FR 48826, 
August 12, 2013) be withdrawn. AAL stated that the NPRM is unnecessary 
and redundant due to existing mandated actions. AAL stated that AD 
2008-11-01, Amendment 39-15523 (73 FR 29414, May 21, 2008), requires 
the incorporation of 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, which is also 
proposed for incorporation by the NPRM. AAL stated that due to the 
presence of Subsection D in Section 9, the subsequent revisions and FAA 
approvals of Section 9 have already mandated that AAL's maintenance 
program include the requirements of CDCCL 57-AWL-01. Similarly AAL 
stated that the requirements of AD 2010-06-10, Amendment 39-16234 (75 
FR 15322, March 29, 2010); and AD 2011-25-05, Amendment 39-16881 (77 FR 
2442, January 18, 2012); also make this NPRM unnecessary.
    We disagree with the request to withdraw the NPRM (78 FR 48826, 
August 12, 2013). The three ADs the commenter specified do not require 
incorporating CDCCL 57-AWL-01. However, we acknowledge that subsequent 
alternative methods of compliance (AMOCs) to those ADs could lead to 
incorporation of Subsection D of Section 9 because AMOCs written to 
allow use of subsequent revisions of MPD Section 9 were also written to 
require complete incorporation of the later publication of Section 9, 
Subsection D, into the maintenance program. Incorporation of AMOCs to 
other ADs, which is the mechanism leading to full incorporation of 
Subsection D, is voluntary by the operator. Without an AD to require 
this AWL task, an operator would only be required to comply with ADs 
that do not require incorporation of this task.
    We have added new paragraph (k)(4) to this SNPRM to allow AMOCs 
approved after November 2, 2012, for AD 2008-11-01 R1, Amendment 39-
16145 (74 FR 68515, December 28, 2009); AD 2010-06-10, Amendment 39-
16234 (75 FR 15322, March 29, 2010); and AD 2011-25-05, Amendment 39-
16881 (77 FR 2442, January 18, 2012); to be approved as AMOCs for the 
corresponding provisions of paragraph (h) of this SNPRM.

Request To Allow Credit

    AAL requested that we allow credit for maintenance tasks already 
incorporated to satisfy the requirements of 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. AAL stated that during its maintenance check schedule it 
verified that the panels are impact resistant and were inspected for 
correct markings, which satisfies the actions required by the NPRM (78 
FR 48826, August 12, 2013).
    We agree to allow credit for actions accomplished using 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. Paragraph (f) of this SNPRM would 
require compliance within the compliance times specified,

[[Page 37683]]

unless already done; therefore, no change has been made to this SNPRM 
in this regard.

Supplemental Type Certificate (STC) Winglet Comment for ST01920SE

    Aviation Partners Boeing 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.

Clarification of Unsafe Condition

    We have clarified the unsafe condition specified in the SUMMARY and 
paragraph (e) of this SNPRM by adding the text, ``from uncontained 
engine failure or tire debris.''

FAA's Determination

    We are proposing this SNPRM 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 NPRM (78 FR 
48826, August 12, 2013). 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 SNPRM.

Proposed Requirements of This SNPRM

    This SNPRM would require accomplishing the actions specified in the 
service information identified previously. This SNPRM would add 
airplanes to the applicability.

Costs of Compliance

    We estimate that this proposed AD affects 436 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 $85                 $0            $595        $259,420
                                      per hour = $595.
Maintenance program revision.......  1 work-hour x $85 per hour               $0             $85         $37,060
                                      = $85.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement per door.......................  3 work-hours x $85 per hour = $255.          $8,000          $8,255
Stencil and index marker...................  9 work-hours x $85 per hour = $765.              $0            $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 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 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 August 18, 2014.

[[Page 37684]]

(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, Revision 1, dated 
February 6, 2013.

(d) Subject

    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 from uncontained engine failure or tire 
debris, 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, Revision 1, dated February 6, 2013.
    (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.
    (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 a stencil or index marker, as 
applicable.

(h) Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, 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 January 2013.

(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 (k) of this 
AD.

(j) Credit for Previous Actions

    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 767-28-0105, 
dated January 12, 2012, which is not incorporated by reference in 
this AD.

(k) 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 paragraph (l)(1) 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.
    (4) AMOCs for ADs 2008-11-01 R1, Amendment 39-16145 (74 FR 
68515, December 28, 2009); 2010-06-10, Amendment 39-16234 (75 FR 
15322, March 29, 2010); or 2011-25-05, Amendment 39-16881 (77 FR 
2442, January 18, 2012); that meet the conditions specified in 
paragraphs (k)(4)(i) and (k)(4)(ii) of this AD are approved as AMOCs 
for the corresponding provisions of paragraph (h) of this AD.
    (i) AMOCs that are approved after November 2, 2012.
    (ii) AMOCS that include incorporation of CDCCL Task 57-AWL-01, 
``Impact-Resistant Fuel Tank Access Door.''

(l) 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 view this 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 June 25, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-15530 Filed 7-1-14; 8:45 am]
BILLING CODE 4910-13-P
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