33612 Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0797; Directorate 

Identifier 2013–NM–007–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. 

SUMMARY: We are revising an earlier 

proposed airworthiness directive (AD) 

for certain The Boeing Company Model 

767–300 and 767–300F series airplanes. 

The NPRM proposed to require 

modification and installation of 

components in the main equipment 

center. For certain other airplanes, the 

NPRM proposed to require 

modification, replacement, and 

installation of flight deck air relief 

system (FDARS) components. The 

NPRM was prompted by reports of 

malfunctions in the flight deck display 

units, which resulted in blanking, 

blurring, or loss of color on the display. 

This action revises the NPRM by 

revising the applicability; adding certain 

modifications; and clarifying certain 

requirements. We are proposing this 

supplemental NPRM (SNPRM) to 

prevent malfunctions of the flight deck 

display units, which could affect the 

ability of the flightcrew to read the 

displays for airplane attitude, altitude, 

or airspeed, and consequently reduce 

the ability of the flightcrew to maintain 

control of the airplane. Since these 

actions impose an additional burden 

over that proposed in the NPRM, we are 

reopening the comment period to allow 

the public the chance to comment on 

these proposed changes. 

DATES: We must receive comments on 

this SNPRM by July 11, 2016. 

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 SNPRM, 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. It is also available 

on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2013– 

0797. 

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– 

0797; 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: 

Francis Smith, Aerospace Engineer, 

Cabin Safety and Environmental 

Controls Branch, ANM–150S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; phone: 425–917–6596; fax: 

425–917–6590; email: francis.smith@

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 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2013–0797; Directorate Identifier 

2013–NM–007–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 certain The Boeing Company 

Model 767–300 and 767–300F series 

airplanes. The NPRM published in the 

Federal Register on September 25, 2013 

(78 FR 58970) (‘‘the NPRM’’). The 

NPRM proposed to require modification 

and installation of components in the 

main equipment center. For certain 

other airplanes, the NPRM proposed to 

require modification, replacement, and 

installation of FDARS components. 

Actions Since the NPRM Was Issued 

Since we issued the NPRM, we have 

reviewed Boeing Alert Service Bulletin 

767–21A0245, Revision 2, dated 

September 27, 2013 (for Model 767– 

300F series airplanes). We referred to 

Boeing Alert Service Bulletin 767–21– 

0245, Revision 1, dated September 30, 

2010, as an appropriate source of service 

information for accomplishing certain 

actions specified in the NPRM. Boeing 

Alert Service Bulletin 767–21A0245, 

Revision 2, dated September 27, 2013, 

adds instructions for modifications to 

reduce noise in the flight compartment 

when the 3-way valve is operating by 

removing flex ducts that connect the 

center and aft parts of the air 

distribution diffuser in the main deck 

cargo compartment, installing caps and 

an orifice assembly in the area forward 

of the main equipment center and under 

the flight deck floor, and installing an 

FDARS. Boeing Alert Service Bulletin 

767–21A0245, Revision 2, dated 

September 27, 2013, also identifies 

concurrent actions (relay installation 

and related wiring changes). Those 

concurrent actions are described in 

Boeing Service Bulletin 767–21–0235, 

dated October 8, 2009; and Boeing 

Service Bulletin 767–21–0235, Revision 

1, dated July 29, 2011. 

We have also reviewed Boeing Alert 

Service Bulletin 767–21A0247, Revision 

1, dated April 9, 2013 (for Model 767– 

300F series airplanes). We referred to 

Boeing Alert Service Bulletin 767– 

21A0247, dated October 10, 2011, as an 

appropriate source of service 

information for accomplishing certain 

actions specified in the NPRM. Boeing 

Alert Service Bulletin 767–21A0247, 

Revision 1, dated April 9, 2013, adds 

airplanes to the effectivity of the service 

bulletin and includes procedures for 


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changes to the 3-way valve control logic, 

modifications to reduce noise in the 

flight compartment and main cargo air 

distribution system (MCADS), and 

installation of an FDARS. The service 

bulletin also adds concurrent actions 

(relay installation and related wiring 

changes) for a certain group of airplanes. 

Those concurrent actions are described 

in Boeing Service Bulletin 767–21– 

0235, dated October 8, 2009; and Boeing 

Service Bulletin 767–21–0235, Revision 

1, dated July 29, 2011. 

We also have reviewed Boeing Service 

Bulletin 767–31–0073, dated October 

12, 1995, which is referred to as 

concurrent service information in 

Boeing Service Bulletin 767–21–0244, 

Revision 1, dated March 8, 2010 (which 

is referred to as an appropriate source of 

service information for changing the 3- 

way valve control logic and installing a 

cooling system for the flight deck 

display equipment). Boeing Service 

Bulletin 767–31–0073, dated October 

12, 1995, describes procedures for 

installation of an in-flight engine 

indication and crew alerting system 

(EICAS) for the maintenance data 

selection system. 

We have revised paragraphs (c)(2), 

(h)(1), and (j) of this proposed AD to 

refer to Boeing Alert Service Bulletin 

767–21A0245, Revision 2, dated 

September 27, 2013. We have also 

revised paragraphs (c)(3) and (h)(2) of 

this proposed AD to refer to Boeing 

Alert Service Bulletin 767–21A0247, 

Revision 1, dated April 9, 2013. 

In addition, we removed paragraph (k) 

of the proposed AD (in the NPRM), 

‘‘Credit for Previous Actions,’’ from this 

proposed AD because operators that 

have accomplished the actions in 

Boeing Service Bulletin 767–21–0245, 

dated April 16, 2010; or Boeing Alert 

Service Bulletin 767–21A0245, Revision 

1, dated September 30, 2010; must do 

additional work when accomplishing 

the procedures specified in Boeing Alert 

Service Bulletin 767–21A0245, Revision 

2, dated September 27, 2013. We have 

redesignated paragraph (j) of the 

proposed AD (in the NPRM), 

‘‘Concurrent Requirements,’’ as 

paragraph (k)(1) of this proposed AD. In 

addition, we have added a new 

paragraph (k)(2) to this proposed AD to 

address the concurrent actions (relay 

installation and related wiring changes) 

identified in Boeing Alert Service 

Bulletin 767–21A0247, Revision 1, 

dated April 9, 2013. 

Also since the issuance of the NPRM, 

we have reviewed Boeing Alert Service 

Bulletin 767–21A0254, dated June 7, 

2013 (which was not referenced in the 

NPRM). Boeing Alert Service Bulletin 

767–21A0254, dated June 7, 2013, 

describes procedures for installing the 

FDARS and activating the 3-way valve 

control logic change for certain Model 

767–300F series airplanes. We have 

redesignated paragraph (g) of the 

proposed AD (in the NPRM) as 

paragraph (g)(1) of this proposed AD, 

and added a new paragraph (g)(2) to this 

proposed AD to require the actions in 

Boeing Alert Service Bulletin 767– 

21A0254, dated June 7, 2013. 

Comments 

We gave the public the opportunity to 

comment on the NPRM. The following 

presents the comments received on the 

NPRM and the FAA’s response to each 

comment. 

Request To Clarify the Applicability of 

the Proposed AD (in the NPRM) 

Boeing requested we state that the 

proposed AD (in the NPRM) does not 

apply to Model 767–300 (passenger) 

series airplanes. Boeing explained that 

the 3-way valve control logic for Model 

767–300 (passenger) series airplanes is 

significantly different from the 3-way 

valve control logic for Model 767–300F 

and Model 767–300BCF (Boeing 

Converted Freighter) series airplanes. 

Boeing indicated that, on Model 767– 

300 (passenger) series airplanes, pack 

air (which is a moisture source on the 

freighter airplanes) to the flight deck 

instruments and equipment is rarely 

used. Boeing added that Model 767–300 

(passenger) series airplanes only utilize 

airplane pack air during override and 

fuel jettison modes, and there have not 

been reports of moisture-related display 

blanking on these airplanes. 

We find that clarification is necessary. 

This proposed AD applies to Model 

767–300 and 767–300F series airplanes, 

as identified in certain service 

information. ‘‘Model 767–300 series 

airplanes’’ could include both passenger 

and BCF series airplanes. According to 

the U.S. type certificate data sheet for 

Model 767 airplanes, a Model 767– 

300BCF series airplane is a Model 767– 

300 (passenger) series airplane that has 

been modified in accordance with 

specific service information to operate 

in a freighter configuration. The service 

information identified in the 

applicability of this proposed AD 

addresses Model 767–300BCF series 

airplanes and Model 767–300F series 

airplanes—not passenger airplanes. 

Therefore, this proposed AD does not 

apply to Model 767–300 (passenger) 

series airplanes. We have added this 

clarification to paragraphs (c), (i), and 

(k)(3) of this proposed AD. 

Request To Revise the Proposed AD (in 

the NPRM) To Remove Certain Service 

Information References 

Boeing asked that all references to 

Boeing Service Bulletin 767–21–0240 be 

removed from the NPRM, including the 

applicability statement. Boeing stated 

that the intent of this service 

information is to incorporate display 

improvements on Model 767–300BCF 

series airplanes. Boeing has confirmed 

that the actions to prevent display unit 

blanking included in Boeing Service 

Bulletin 767–21–0240 have already been 

incorporated on Model 767–300BCF 

series airplanes during the conversion, 

prior to re-delivery. 

Boeing also asked that all references 

to Boeing Service Bulletin 767–21–0244 

be removed from the NPRM, including 

the applicability statement. Boeing 

stated that the intent of this service 

information is also to incorporate 

display improvements on Model 767– 

300BCF series airplanes. Boeing has 

confirmed that the actions to prevent 

display unit blanking included in 

Boeing Service Bulletin 767–21–0244 

have already been incorporated on 

Model 767–300BCF series airplanes in 

advance of this proposed AD. 

Since Boeing Service Bulletin 767– 

21–0240 has been incorporated on the 

affected airplanes during the conversion 

and prior to re-delivery, we agree with 

the commenter’s request to remove 

references to that service bulletin from 

this proposed AD. Paragraph (c) of this 

proposed AD has been revised to omit 

Boeing Service Bulletin 767–21–0240, 

Revision 1, dated November 12, 2009, 

from paragraph (c)(1), and subsequent 

subparagraphs in paragraph (c) have 

been redesignated accordingly. 

However, we do not agree with the 

commenter’s request to remove 

references to Boeing Service Bulletin 

767–21–0244 from this proposed AD. 

The commenter has not submitted 

documentation to the FAA for 

verification that the affected operators of 

Model 767–300BCF series airplanes 

have accomplished the actions to 

prevent display unit blanking that are 

included in Boeing Service Bulletin 

767–21–0244, Revision 1, dated March 

8, 2010. Therefore, Boeing Service 

Bulletin 767–21–0244, Revision 1, dated 

March 8, 2010, is still referenced in this 

proposed AD. 

Paragraph (h)(3) of the proposed AD 

(in the NPRM) has been omitted from 

this proposed AD because it referred to 

Boeing Service Bulletin 767–21–0240, 

Revision 1, dated November 12, 2009 

(which affects airplanes on which the 

service information has been done 

during the conversion and prior to reVerDate Sep<11>2014 15:22 May 26, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\27MYP1.SGM 27MYP1

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delivery), and the airplanes identified in 

this service information have been 

removed from the applicability of this 

proposed AD, as explained previously. 

However, the requirements for the 

remaining Model 767–300BCF series 

airplanes (i.e., those subject to 

accomplishment of Boeing Service 

Bulletin 767–21–0244) have been 

moved from paragraph (h)(3) of the 

proposed AD (in the NPRM) to new 

paragraph (i) of this proposed AD. 

Paragraph (k) of this proposed AD, 

which correlates to paragraph (j) of the 

proposed AD (in the NPRM), has been 

revised to remove the concurrent 

requirements for Model 767–300BCF 

series airplanes identified in Boeing 

Service Bulletin 767–21–0240, Revision 

1, dated November 12, 2009. The 

concurrent requirements for Model 767– 

300BCF series airplanes identified in 

Boeing Service Bulletin 767–21–0244, 

Revision 1, dated March 8, 2010, are 

retained in paragraph (k)(3) of this 

proposed AD. 

Request To Clarify the Requirements of 

the Proposed AD (in the NPRM) 

Boeing requested that the 

requirements of the proposed AD for 

Model 767–300BCF versus Model 767– 

300F series airplanes be clarified. 

Boeing stated that the intended function 

of the 3-way valve control logic change 

is to provide moisture control to 

mitigate display blanking; however, the 

intended function of the FDARS is to 

mitigate the noise that resulted from the 

3-way valve control logic change, not to 

control moisture and mitigate display 

blanking. Boeing stated that the 

proposed 3-way valve control logic 

change and addition of the FDARS 

should be required for Model 767–300F 

series airplanes, and only the 3-way 

valve control logic change should be 

required for Model 767–300BCF series 

airplanes. 

We agree to clarify the requirements 

of this proposed AD. In light of the 

commenter’s remarks, we revised 

paragraphs (g)(1) and (g)(2) of this 

proposed AD to state that, for Model 

767–300F series airplanes, the required 

actions include the installation of an 

FDARS and activation of or change to 

the 3-way valve control logic. We also 

revised the heading for paragraph (g) of 

this proposed AD accordingly. 

In addition, we revised paragraphs 

(h)(1) and (h)(2) of this proposed AD to 

state that, for Model 767–300F series 

airplanes identified in Boeing Alert 

Service Bulletin 767–21A0245, Revision 

2, dated September 27, 2013, and 

Boeing Alert Service Bulletin 767– 

21A0247, Revision 1, dated April 9, 

2013, respectively, the required actions 

include a change of the 3-way valve 

control logic and MCADS, and 

installation of an FDARS. We also 

revised the heading for paragraph (h) of 

this proposed AD accordingly. 

As previously discussed, a new 

paragraph (i) is included in this 

proposed AD. This paragraph specifies 

that, for Model 767–300BCF series 

airplanes, only the installation of the 3- 

way valve control logic and flight deck 

display equipment cooling system is 

required. The subsequent paragraphs 

have been redesignated accordingly. 

Request To Revise the Number of 

Affected Airplanes 

Boeing requested that the number of 

affected airplanes be changed from 43 to 

58. Boeing stated that based on its 

current records of operators, there are 58 

Model 767–300F series airplanes of U.S. 

registry. 

Based on the number of affected 

Model 767–300 and 767–300F series 

airplanes currently on the U.S. Register, 

we changed the number of affected 

airplanes to 52 in the ‘‘Costs of 

Compliance’’ section of this SNPRM. 

We also made additional changes to the 

‘‘Costs of Compliance’’ section to 

account for any added requirement of 

this proposed AD. 

Effect of Winglets on Accomplishment 

of the Proposed Actions 

Aviation Partners Boeing stated that 

the installation of winglets per 

Supplemental Type Certificate (STC) 

ST01920SE (http://rgl.faa.gov/

Regulatory_and_Guidance_Library/

rgstc.nsf/0/

59027f43b9a7486e86257b1d006591ee/

$FILE/ST01920SE.pdf) does not affect 

the accomplishment of the 

manufacturer’s service instructions. 

We agree with the commenter that 

STC ST01920SE (http://rgl.faa.gov/

Regulatory_and_Guidance_Library/

rgstc.nsf/0/

59027f43b9a7486e86257b1d006591ee/

$FILE/ST01920SE.pdf) does not affect 

the accomplishment of the 

manufacturer’s service instructions. 

Therefore, the installation of STC 

ST01920SE does not affect the ability to 

accomplish the actions required by this 

AD. We have not changed this SNPRM 

in this regard. 

Additional Change Made to This 

Proposed AD 

We incorrectly referred to the original 

issue date of Boeing Service Bulletin 

767–21–0235 as July 29, 2011, 

throughout the NPRM. We have 

specified the correct date of the original 

issue of Boeing Service Bulletin 767– 

21–0235 as October 8, 2009, in 

paragraphs (j) and (k) of this proposed 

AD. 

Related Service Information Under 1 

CFR Part 51 

We reviewed the following service 

information. 

• Boeing Alert Service Bulletin 767– 

21A0245, Revision 2, dated September 

27, 2013. The service information 

describes procedures for changing the 3- 

way valve control logic and MCADS, 

and installing an FDARS. 

• Boeing Alert Service Bulletin 767– 

21A0247, Revision 1, dated April 9, 

2013. The service information describes 

procedures for changing the 3-way valve 

control logic and MCADS and installing 

an FDARS. 

• Boeing Alert Service Bulletin 767– 

21A0253, dated October 12, 2012. The 

service information describes 

procedures for replacing the existing 

duct, installing an FDARS, changing the 

3-way valve control logic, and installing 

a new altitude switch and pitot tube. 

• Boeing Alert Service Bulletin 767– 

21A0254, dated June 7, 2013. The 

service information describes 

procedures for replacing the existing 

duct with a new duct; installing an 

FDARS; and activating the 3-way valve 

control logic. 

• Boeing Service Bulletin 767–21– 

0235, dated October 8, 2009; and Boeing 

Service Bulletin 767–21–0235, Revision 

1, dated July 29, 2011. The service 

information describes procedures for the 

relay installation and related wiring 

changes. 

• Boeing Service Bulletin 767–21– 

0244, Revision 1, dated March 8, 2010. 

The service information describes 

procedures for changing the 3-way valve 

control logic and installing a cooling 

system for the flight deck display 

equipment. 

• Boeing Service Bulletin 767–31– 

0073, dated October 12, 1995. The 

service information describes 

procedures for installation of an inflight EICAS for the maintenance data 

selection system. 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section. 

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. As a result, we have determined 

that it is necessary to reopen the 


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comment period to provide additional 

opportunity for the public to comment 

on this SNPRM. 

Requirements of This Proposed AD 

This proposed AD would require, 

depending on airplane model and 

configuration, the following actions: 

• Replacing the existing duct with a 

new duct. 

• Installing an FDARS. 

• Changing or activating the 3-way 

valve control logic. 

• Installing a new altitude switch and 

pitot tube. 

• Changing the 3-way valve control 

logic and MCADS. 

• Installing a flight deck display 

equipment cooling system. 

• Doing a relay installation and 

related wiring changes. 

• Installing an in-flight EICAS for the 

maintenance data selection system. 

Refer to the service information 

described previously for details on the 

procedures and compliance times. 

Costs of Compliance 

We estimate that this proposed AD 

affects 52 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product Cost on U.S. operators 

3-way valve control logic and MCADS change, and 

installation of an FDARS (Boeing Alert Service Bulletin 767–21A0247, Revision 1, dated April 9, 

2013; Groups 2 and 3 airplanes).

46 work-hours × $85 per 

hour = $3,910.

$21,865 $25,775 .......... $1,185,650 (46 airplanes). 

3-way valve control logic and MCADS change, and 

installation of an FDARS (Boeing Alert Service Bulletin 767–21A0245, Revision 2, dated September 

27, 2013).

64 work-hours × $85 per 

hour = $5,440.

18,315 23,755 ............ 47,510 (2 airplanes). 

Replacement of the existing duct, installation of an 

FDARS, 3-way valve control logic change, and installation of a new altitude switch and pitot tube 

(Boeing Alert Service Bulletin 767–21A0253, dated 

October 12, 2012).

76 work-hours × $85 per 

hour = $6,460.

55,663 62,123 ............ 248,492 (4 airplanes). 

3-way valve control logic change and installation of a 

flight deck display equipment cooling system (Boeing Service Bulletin 767–21–0244, Revision 1, 

dated March 8, 2010).

33 work-hours × $85 per 

hour = $2,805.

0 2,805 .............. 8,415 (3 airplanes). 

Relay installation and related wiring changes (Boeing 

Service Bulletin 767–21–0235, dated October 8, 

2009; or Boeing Service Bulletin 767–21–0235, Revision 1, dated July 29, 2011).

Up to 10 work-hours × 

$85 per hour = up to 

$850.

Up to $955 Up to $1,805 .. Up to $88,445 (49 airplanes). 

Installing an in-flight EICAS for the maintenance data 

selection system (Boeing Service Bulletin 767–31– 

0073, dated October 12, 1995).

Up to 13 work-hours ........ Up to 

$3,535 

Up to $4,640 .. Up to $13,920 (3 airplanes). 

Replacement of the existing duct, installation of an 

FDARS and activation of 3-way valve control logic 

(Boeing Alert Service Bulletin 767–21A0254, dated 

June 7, 2013).

51 work-hours × $85 per 

hour = $4,335.

16,338 20,673 ............ (0 airplanes). 

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: 


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PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

The Boeing Company: Docket No. FAA– 

2013–0797; Directorate Identifier 2013– 

NM–007–AD. 

(a) Comments Due Date 

We must receive comments by July 11, 

2016. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 767–300 and 767–300F series 

airplanes, certificated in any category; as 

identified in the service information 

specified in paragraphs (c)(1) through (c)(5) 

of this AD. This AD does not apply to The 

Boeing Company Model 767–300 (passenger) 

series airplanes. 

(1) Boeing Service Bulletin 767–21–0244, 

Revision 1, dated March 8, 2010. 

(2) Boeing Alert Service Bulletin 767– 

21A0245, Revision 2, dated September 27, 

2013. 

(3) Boeing Alert Service Bulletin 767– 

21A0247, Revision 1, dated April 9, 2013. 

(4) Boeing Alert Service Bulletin 767– 

21A0253, dated October 12, 2012. 

(5) Boeing Alert Service Bulletin 767– 

21A0254, dated June 7, 2013. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 21, Air Conditioning. 

(e) Unsafe Condition 

This AD was prompted by reports of 

malfunctions in the flight deck display units 

resulting in blanking, blurring, or loss of 

color on the display. We are issuing this AD 

to prevent malfunctions of the flight deck 

display units, which could affect the ability 

of the flightcrew to read the displays for 

airplane attitude, altitude, or airspeed, and 

consequently reduce the ability of the 

flightcrew to maintain control of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Installation of Flight Deck Air Relief 

System (FDARS), 3-Way Valve Control Logic 

Change or Activation, and Additional 

Actions 

(1) For Model 767–300F series airplanes, as 

identified in Boeing Alert Service Bulletin 

767–21A0253, dated October 12, 2012: 

Within 72 months after the effective date of 

this AD, in the main equipment center and 

the area under the left and right sides of the 

flight deck floor, replace the existing duct 

with a new duct; install an FDARS (including 

the installation of mounting brackets, ducts, 

orifice, outlet valve, and screen); change the 

3-way valve control logic (including 

modification of the associated wiring and 

related actions); and install a new altitude 

switch and pitot tube; in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 767–21A0253, dated October 

12, 2012. 

(2) For Model 767–300F series airplanes, as 

identified in Boeing Alert Service Bulletin 

767–21A0254, dated June 7, 2013: Within 72 

months after the effective date of this AD, in 

the main equipment center and the area 

under the left and right sides of the flight 

deck floor, replace the existing duct with a 

new duct; install an FDARS (including the 

installation of mounting brackets, ducts, 

orifice, outlet valve, and screen); and activate 

the 3-way valve control logic (including 

modification of the associated wiring and 

related actions); in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 767–21A0254, dated June 7, 

2013. 

(h) Installation of FDARS and a 3-Way Valve 

Control Logic and Main Cargo Air 

Distribution System (MCADS) Change 

(1) For Model 767–300F series airplanes, as 

identified in Boeing Alert Service Bulletin 

767–21A0245, Revision 2, dated September 

27, 2013: Within 72 months after the effective 

date of this AD, in the main equipment 

center and the area under the left and right 

sides of the flight deck floor, change the 3- 

way valve control logic and MCADS, and 

install an FDARS, in accordance with the 

Accomplishment Instruction of Boeing Alert 

Service Bulletin 767–21A0245, Revision 2, 

dated September 27, 2013, except as 

provided by paragraph (j) of this AD. 

(2) For Model 767–300F series airplanes, as 

identified in Boeing Alert Service Bulletin 

767–21A0247, Revision 1, dated April 9, 

2013: Within 72 months after the effective 

date of this AD, change the 3-way valve 

control logic and MCADS and install an 

FDARS, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 767–21A0247, Revision 1, 

dated April 9, 2013. 

(i) Installation of a Flight Deck Display 

Equipment Cooling System and a 3-Way 

Valve Control Logic Change 

For Model 767–300 series airplanes that 

have been converted by Boeing to Model 

767–300BCF (Boeing Converted Freighter) 

airplanes, as identified in Boeing Service 

Bulletin 767–21–0244, Revision 1, dated 

March 8, 2010: Within 72 months after the 

effective date of this AD, change the 3-way 

valve control logic and install a flight deck 

display equipment cooling system, in 

accordance with the Accomplishment 

Instructions of Boeing Service Bulletin 767– 

21–0244, Revision 1, dated March 8, 2010. 

(j) Exception to Paragraph (h)(1) of This AD 

For Model 767–300F series airplanes, as 

identified in Boeing Alert Service Bulletin 

767–21A0245, Revision 2, dated September 

27, 2013: If the 3-way valve control logic 

change specified in Boeing Service Bulletin 

767–21–0235, dated October 8, 2009; or 

Revision 1, dated July 29, 2011; is done prior 

to or concurrent with the actions required by 

paragraph (h)(1) of this AD, operators need to 

do only the functional test, FDARS 

installation, and flex duct change, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

767–21A0245, Revision 2, dated September 

27, 2013. Operators do not need to do the 

other actions specified in the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 767–21A0245, Revision 2, 

dated September 27, 2013, if the actions in 

the Accomplishment Instructions of Boeing 

Service Bulletin 767–21–0235, dated October 

8, 2009; or Revision 1, dated July 29, 2011; 

are done concurrently. If the functional test 

fails, before further flight, do corrective 

actions that are approved in accordance with 

the procedures specified in paragraph (l) of 

this AD. 

(k) Concurrent Requirements 

(1) For Groups 1 and 3 airplanes, as 

identified in Boeing Alert Service Bulletin 

767–21A0245, Revision 2, dated September 

27, 2013: Prior to or concurrently with 

accomplishing the requirements of paragraph 

(h)(1) of this AD, do the relay installation and 

related wiring changes specified in, and in 

accordance with, the Accomplishment 

Instructions of Boeing Service Bulletin 767– 

21–0235, dated October 8, 2009; or Boeing 

Service Bulletin 767–21–0235, Revision 1, 

dated July 29, 2011. 

(2) For Group 1 airplanes, as identified in 

Boeing Alert Service Bulletin 767–21A0247, 

Revision 1, dated April 9, 2013: Prior to or 

concurrently with accomplishing the 

requirements of paragraph (h)(2) of this AD, 

do the relay installation and related wiring 

changes specified in, and in accordance with, 

the Accomplishment Instructions of Boeing 

Service Bulletin 767–21–0235, dated October 

8, 2009; or Boeing Service Bulletin 767–21– 

0235, Revision 1, dated July 29, 2011. 

(3) For Model 767–300 series airplanes that 

have been converted by Boeing to Model 

767–300BCF airplanes, as identified in 

Boeing Service Bulletin 767–21–0244, 

Revision 1, dated March 8, 2010: Prior to or 

concurrently with accomplishing the 

requirements of paragraph (i) of this AD, do 

the installation of an in-flight engine 

indication and crew alerting system (EICAS) 

for the maintenance data selection system 

specified in, and in accordance with, the 

Accomplishment Instructions of Boeing 

Service Bulletin 767–31–0073, dated October 

12, 1995. 

(l) 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 (m)(1) of this AD. Information may 

be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. 


rmajette on DSK2TPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Proposed Rules 33617 

(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, 

modification, or alteration 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. To be 

approved, the repair method, modification 

deviation, or alteration deviation must meet 

the certification basis of the airplane and the 

approval must specifically refer to this AD. 

(m) Related Information 

(1) For more information about this AD, 

contact Francis Smith, Aerospace Engineer, 

Cabin Safety and Environmental Controls 

Branch, ANM–150S, FAA, Seattle ACO, 1601 

Lind Avenue SW., Renton, WA 98057–3356; 

phone: 425–917–6596; fax: 425–917–6590; 

email: francis.smith@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 May 17, 

2016. 

Dionne Palermo, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–12353 Filed 5–26–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2016–0323] 

RIN 1625–AA00 

Safety Zone; Allegheny River Mile 43.5 

to 44.5, Kittanning, Pennsylvania 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone for all 

navigable waters of the Allegheny River 

from mile 43.5 to mile 44.5. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created from a 

barge-based firework display. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Pittsburgh or a designated 

representative. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 27, 2016. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2016–0323 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email MST1 Jennifer 

Haggins, Marine Safety Unit Pittsburgh, 

U.S. Coast Guard; telephone 412–221– 

0807, email Jennifer.L.Haggins@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On March 10, 2016, the Fort 

Armstrong Folk Festival notified the 

Coast Guard that it will be conducting 

a 30-minute fireworks display between 

9 p.m. and 10 p.m. on August 6, 2016. 

The fireworks will be launched from a 

barge in the vicinity of Allegheny River 

mile 43.5 to mile 44.5. Hazards from 

fireworks displays include accidental 

discharge of fireworks, dangerous 

projectiles, and falling hot embers or 

other debris. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters before, during, and 

after the scheduled event by 

establishing a 90-minute safety zone 

beginning 30 minutes before the display 

until 30 minutes after the display is over 

during the hours of 8 p.m. to 11 p.m. on 

the same date. The Coast Guard 

proposes this rulemaking under 

authority in 33 U.S.C. 1231. 

III. Discussion of Proposed Rule 

The Captain of the Port Pittsburgh 

(COTP) proposes to establish a safety 

zone lasting 90 minutes between the 

hours of 8 p.m. and 11 p.m. on August 

6, 2016. The safety zone would cover all 

navigable waters of the Allegheny River 

from mile 43.5. to mile 44.5. The 

duration of the zone is intended to 

ensure the safety of vessels and these 

navigable waters before, during, and 

after the fireworks display scheduled to 

take place for 30 minutes between 9 

p.m. and 10 p.m. on the same date. No 

vessel or person would be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. The 

regulatory text we are proposing appears 

at the end of this document. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This NPRM has not been 

designated a ‘‘significant regulatory 

action,’’ under Executive Order 12866. 

Accordingly, the NPRM has not been 

reviewed by the Office of Management 

and Budget. 

This regulatory action determination 

is based on the size, location, and 

duration, of the safety zone and the low 

traffic nature of this area. The safety 

zone will close a small section of the 

Allegheny River for less than two hours. 

Moreover, the Coast Guard would issue 

a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zone, and the rule would allow other 

waterway users to seek permission to 

enter the zone. Requests to transit the 

safety zone area would be considered on 

a case-by-case basis. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this proposed rule would not 


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