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[Federal Register: October 7, 2010 (Volume 75, Number 194)]
[Proposed Rules]               
[Page 61999-62002]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc10-14]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0957; Directorate Identifier 2010-NM-062-AD]
RIN 2120-AA64

 
Airworthiness Directives; The Boeing Company Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain Model 767 airplanes. The 
existing AD currently requires, for certain airplanes, reworking the 
bonding jumper assemblies on the drain tube assemblies of the slat 
track housing of the wings. For certain other airplanes, the existing 
AD requires repetitive inspections of the drain tube assemblies of the 
slat track housing of the wings to find discrepancies, corrective 
actions if necessary, and terminating action for the repetitive 
inspections. This proposed AD would also require replacing the drain 
tube assemblies. For certain airplanes, this proposed AD would also 
require installing an additional electrostatic bond path for the number 
5 and 8 inboard slat track drain tube assemblies. For certain other 
airplanes, this proposed AD would also require reworking the bonding 
jumper assembly. This proposed AD would also revise the applicability 
to include additional airplanes. This proposed AD results from reports 
of fuel leaks from certain drain locations of the slat track housing 
near the engine exhaust nozzles of the wings, which could result in a 
fire when the airplane is stationary, or taxiing at low speed; reports 
of a bonding jumper assembly of certain drain tubes that did not meet 
bonding specifications and could result in electrostatic discharge and 
an in-tank ignition source; and reports of fuel leaks onto the main 
landing gear (MLG) as a result of a cracked drain tube at the number 5 
or 8 slat track housing, which could let fuel drain from the main fuel 
tanks into the dry bay area of the wings and onto hot MLG brakes and 
result in a fire.

DATES: We must receive comments on this proposed AD by November 22, 
2010.

ADDRESSES: You may send comments 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 proposed AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; e-mail me.boecom@boeing.com; 
Internet https:[sol][sol]www.myboeingfleet.com. You may review copies 
of the referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington. 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:[sol][sol]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 (telephone 800-647-5527) is in 
the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Douglas Bryant, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
425-227-2384; fax 425-917-6590.

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-2010-0957; 
Directorate Identifier 2010-NM-062-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:[sol][sol]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

    On July 12, 2001, we issued AD 2001-14-19, amendment 39-12330 (66 
FR 38350, July 24, 2001), for certain Boeing Model 767 airplanes. That 
AD requires, for certain airplanes, reworking the bonding jumper 
assemblies on the drain tube assemblies of the slat track housing of 
the wings. For certain other airplanes, that AD requires repetitive 
inspections of the drain tube assemblies of the slat track housing of 
the wings to find discrepancies, corrective actions if necessary, and 
terminating action for the repetitive inspections. That AD was

[[Page 62000]]

prompted by reports of fuel leaks from certain drain locations of the 
slat track housing near the engine exhaust nozzles of the wings, which 
could result in a fire when the airplane is stationary or during low 
speed taxiing. That AD was also prompted by the discovery that the 
bonding jumper assembly of certain drain tube assemblies installed 
during production did not meet the current bonding specifications and 
could result in electrostatic discharge and an in-tank ignition source.

Actions Since Existing AD Was Issued

    Since we issued AD 2001-14-19, we have received reports of fuel 
leaks onto the MLG of several airplanes due to a cracked drain tube at 
the number 8 slat track housing. No fires have been reported. The 
cracking was found on a rerouted drain tube with a flexible part. 
(Installing this drain tube is described in Boeing Service Bulletin 
767-57A0060, and is required by AD 2001-14-19.) An investigation by 
Boeing revealed that the drain tubes with flexible parts cracked as a 
result of a high intensity engine vibration--higher than the tube's 
design permitted. In one case, maintenance personnel observed fuel 
leakage from the pylon area after the airplane had landed.

Relevant Service Information

    AD 2001-14-19 refers to Boeing Service Bulletin 767-57A0060, 
Revision 1, dated December 31, 1998 (for Model 767-200, -300, and -300F 
series airplanes), as the appropriate source of service information for 
the repetitive inspections and terminating action. Boeing has issued 
Service Bulletin 767-57A0060, Revision 2, dated January 31, 2002, to 
include minor procedural changes. No additional work is necessary if 
the actions specified in Boeing Service Bulletin 767-57A0060, dated 
January 30, 1997; or Revision 1, dated December 31, 1998; were done.
    AD 2001-14-19 refers to Boeing Service Bulletin 767-57-0068, dated 
September 16, 1999 (for Model 767-300 and -300F series airplanes), as 
the appropriate source of service information for reworking the bonding 
jumper assemblies. Boeing has issued Boeing Service Bulletin 767-57-
0068, Revision 1, dated May 9, 2002, which corrects an error involving 
the original bonding jumper ``A'' installation sequence. Because of 
this error, this service bulletin specifies that additional work, 
including new rework procedures, is necessary.
    We also have reviewed Boeing Service Bulletins 767-57A0094 (for 
Model 767-200, -300, and -300F series airplanes) and 767-57A0095 (for 
Model 767-400ER series airplanes), both Revision 2, both dated December 
17, 2009. These service bulletins describe procedures for replacing 
drain tube assemblies that have flexible parts; the replacement 
assemblies have new aluminum drain tubes without flexible parts.
    Boeing Service Bulletin 767-57A0094, Revision 2, dated December 17, 
2009, specifies the prior or concurrent accomplishment, for certain 
airplanes, of Boeing Service Bulletins 767-57A0060, Revision 2, dated 
January 31, 2002; and 767-57-0068, Revision 1, dated May 9, 2002.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to develop on other airplanes of the 
same type design. For this reason, we are proposing this AD, which 
would supersede AD 2001-14-19 and retain the requirements of that AD. 
This proposed AD would also require accomplishing the new actions 
specified in the service information described previously, except as 
described below.

Difference Between Service Bulletin and Proposed AD

    Boeing Service Bulletin 767-57-0068, Revision 1, dated May 9, 2002, 
specifies that the compliance time to rework the bonding jumper 
assembly (required by paragraph (l) of this NPRM) is 48 months after 
that date. In developing an appropriate compliance time for this 
action, we considered the safety implications, parts availability, and 
normal maintenance schedules for the timely accomplishment of the 
modification. We also considered that this work, if not previously 
accomplished as an AMOC to AD 2001-14-19, must be done concurrently 
with the new requirements of this proposed AD.

Changes to Existing AD

    This proposed AD would revise the applicability of AD 2001-14-19 by 
adding line numbers 758 through 921, which were produced since that AD 
was issued. Those airplanes had received a production change equivalent 
to the actions required by the existing AD, and are now subject to the 
identified unsafe condition.
    This proposed AD would retain the requirements of AD 2001-14-19. 
Since that AD was issued, the AD format has been revised, and certain 
paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                     Corresponding  requirement in  this
    Requirement in AD 2001-14-19                 proposed AD
------------------------------------------------------------------------
          paragraph (a)                        paragraph (g)
          paragraph (b)                        paragraph (h)
          paragraph (c)                        paragraph (i)
------------------------------------------------------------------------

Costs of Compliance

    There are about 808 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this proposed AD. The average labor rate 
is $85 per hour.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Number of
                                                                                      U.S.-
            Action                  Work hours        Parts     Cost per airplane   registered     Fleet cost
                                                                                    airplanes
----------------------------------------------------------------------------------------------------------------
Inspection (required by AD      1................           $0  $85 per                    255  $21,675 per
 2001-14-19).                                                    inspection cycle.               inspection
                                                                                                 cycle.
Drain tube replacement          12...............        5,236  $6,256...........          255  $1,595,280.
 (required by AD 2001-14-19).
Bonding jumper assembly rework  4................          322  $662.............           47  $31,114.
 (required by AD 2001-14-19).
Drain tube replacement (new     Between 7 and 11,        1,117  Between $1,712             356  Between $609,472
 proposed action).               depending on                    and $2,052.                     and $730,512.
                                 configuration.

[[Page 62001]]

Installation of electrostatic   4................          322  $662.............           47  $31,114.
 bond path (new proposed
 action).
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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 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 that the 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); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

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

    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]

    2. The FAA amends Sec.  39.13 by removing amendment 39-12330 (66 FR 
38350, July 24, 2001) and adding the following new AD:

The Boeing Company: Docket No. FAA-2010-0957; Directorate Identifier 
2010-NM-062-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by November 
22, 2010.

Affected ADs

    (b) This AD supersedes AD 2001-14-19, Amendment 39-12330.

Applicability

    (c) This AD applies to the airplanes, certificated in any 
category, identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Model 767-200, -300, and -300F series airplanes, as 
identified in Boeing Service Bulletin 767-57A0094, Revision 2, dated 
December 17, 2009.
    (2) Model 767-400ER series airplanes, as identified in Boeing 
Service Bulletin 767-57A0095, Revision 2, dated December 17, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from reports of fuel leaks from certain 
drain locations of the slat track housing near the engine exhaust 
nozzles of the wings, which could result in a fire when the airplane 
is stationary, or taxiing at low speed; reports of a bonding jumper 
assembly of certain drain tubes that did not meet bonding 
specifications and could result in electrostatic discharge and an 
in-tank ignition source; and reports of fuel leaks onto the main 
landing gear (MLG) as a result of a cracked drain tube at the number 
5 or 8 slat track housing, which could let fuel drain from the main 
fuel tanks into the dry bay area of the wings and onto hot MLG 
brakes and result in a fire.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Restatement of Requirements of AD 2001-14-19, AMENDMENT 39-12330, With 
Revised Service Information

Repetitive Inspections/Corrective Action

    (g) For airplanes identified in Boeing Service Bulletin 767-
57A0060, Revision 1, dated December 31, 1998: Within 500 flight 
hours after August 28, 2001 (the effective date of AD 2001-14-19), 
do a general visual inspection of the drain tube assemblies of the 
slat track housings of the wings to find discrepancies (loose 
fittings, cracked tubes, fuel leaks), per Part I of the 
Accomplishment Instructions of Boeing Service Bulletin 767-57A0060, 
Revision 1, dated December 31, 1998; or Revision 2, dated January 
31, 2002. After the effective date of this AD, only Revision 2 may 
be used.
    (1) If any discrepancies are found, before further flight, 
rework the drain tube assembly per Part II of the Accomplishment 
Instructions of Boeing Service Bulletin 767-57A0060, Revision 1, 
dated December 31, 1998; or Revision 2, dated January 31, 2002. 
After the effective date of this AD, only Revision 2 may be used. 
Repeat the inspection at intervals not to exceed 500 flight hours 
until accomplishment of the requirements in paragraph (h) of this 
AD.
    (2) If no discrepancies are found, repeat the inspection 
thereafter at intervals not to exceed 500 flight hours, until 
accomplishment of the requirements in paragraph (h) of this AD.

    Note 1:  For the purposes of this AD, a general visual 
inspection is defined as: ``A visual examination of an interior or 
exterior area, installation, or assembly to find obvious damage, 
failure, or irregularity. This level of inspection is made under 
normally available lighting conditions such as daylight, hangar 
lighting, flashlight, or drop-light and may require removal or 
opening of access panels or doors. Stands, ladders, or platforms may 
be required to gain proximity to the area being checked.''

Terminating Action for Repetitive Inspections

    (h) For airplanes specified in paragraph (g) of this AD: Within 
6,000 flight hours or 24

[[Page 62002]]

months after August 28, 2001, whichever occurs first, replace the 
drain tube assemblies of the slat track housings of the wings 
(including general visual inspection and repair) per Part III of the 
Accomplishment Instructions of Boeing Service Bulletin 767-57A0060, 
Revision 1, dated December 31, 1998; or Revision 2, dated January 
31, 2002. After the effective date of this AD, only Revision 2 may 
be used. Any applicable repair must be accomplished prior to further 
flight. Accomplishment of this paragraph terminates the repetitive 
inspections required by paragraph (g) of this AD.

Rework of Bonding Jumper Assemblies

    (i) For airplanes identified in Boeing Service Bulletin 767-57-
0068, dated September 16, 1999: Within 5,000 flight cycles or 22 
months after August 28, 2001, whichever occurs first, rework the 
bonding jumper assembly of the drain tube assemblies of the slat 
track housing of the wings (including general visual inspection and 
repair) per the Accomplishment Instructions of Boeing Service 
Bulletin 767-57-0068, dated September 16, 1999; or Revision 1, dated 
May 9, 2002. After the effective date of this AD, only Revision 1 
may be used. Any applicable repair must be accomplished prior to 
further flight.

New Requirements of this AD

Drain Tube Replacement

    (j) Within 24 months after the effective date of this AD, 
replace affected drain tube assemblies of the number 5 and number 8 
inboard slat track housing, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 767-57A0094 (for Model 767-
200, -300, and -300F series airplanes) or 767-57A0095 (for Model 
767-400ER series airplanes), both Revision 2, both dated December 
17, 2009.

Concurrent Requirements

    (k) For airplanes in Groups 1, 2, and 3, as identified in Boeing 
Service Bulletin 767-57A0094, Revision 2, dated December 17, 2009: 
The actions specified in paragraphs (k)(1), (k)(2), and (k)(3) of 
this AD, as applicable, must be done before or concurrently with the 
requirements of paragraph (j) of this AD.
    (1) For Groups 1 and 2: The requirements of paragraph (h) of 
this AD.
    (2) For Group 2 airplanes: Installation of an additional 
electrostatic bond path for the number 5 and 8 inboard slat track 
drain tube assemblies, in accordance with Part IV of the 
Accomplishment Instructions of Boeing Service Bulletin 767-57A0060, 
Revision 1, dated December 31, 1998; or Revision 2, dated January 
31, 2002.
    (3) For Group 3 airplanes: The requirements of paragraph (i) of 
this AD.
    (l) For airplanes identified in paragraph (i) of this AD, on 
which the actions required by paragraph (i) of this AD were done 
before the effective date of this AD in accordance with Boeing 
Service Bulletin 767-57-0068, dated September 16, 1999: Prior to or 
concurrently with the requirements of paragraph (j) of this AD, 
rework the bonding jumper assembly for the number 5 and 8 inboard 
slat track housing drain tube installation, in accordance with Part 
2 of the Accomplishment Instructions of Boeing Service Bulletin 767-
57-0068, Revision 1, dated May 9, 2002.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (m) Actions done before the effective date of this AD in 
accordance with an applicable service bulletin identified in Table 1 
of this AD are acceptable for compliance with the corresponding 
requirements of paragraph (j) of this AD.

                                        Table 1--Credit Service Bulletins
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          Affected airplanes               Service Bulletin          Revision level                Date
----------------------------------------------------------------------------------------------------------------
Model 767-200, -300, and -300F series  Boeing Service Bulletin  Original...............  June 2, 2005.
 airplanes.                             767-57A0094.            1......................  December 19, 2006.
Model 767-400ER series airplanes.....  Boeing Service Bulletin  Original...............  June 2, 2005.
                                        767-57A0095.            1......................  December 19, 2006.
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Alternative Methods of Compliance (AMOCs)

    (n)(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. Send information to 
ATTN: Douglas Bryant, Aerospace Engineer, Propulsion Branch, ANM-
140S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone 425-227-2384; fax 425-917-6590. Information 
may be e-mailed to 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically refer to this AD.
    (3) AMOCs approved previously in accordance with AD 2001-14-19, 
Amendment 39-12330, are approved as AMOCs for the corresponding 
provisions of this AD.

    Issued in Renton, Washington, on October 1, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-25255 Filed 10-6-10; 8:45 am]
BILLING CODE 4910-13-P
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