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[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Proposed Rules]
[Pages 39188-39194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16099]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1160; Directorate Identifier 2010-NM-148-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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[[Page 39189]]

SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) to supersede an existing AD for all The Boeing Company Model 767 
airplanes. The existing AD currently requires repetitive inspections to 
detect discrepancies of the wiring and surrounding Teflon sleeves of 
the fuel tank boost pumps and override/jettison pumps; replacement of 
the sleeves with new sleeves, for certain airplanes; and repair or 
replacement of the wiring and sleeves with new parts, as necessary. The 
previous NPRM proposed to reduce the initial compliance time and 
repetitive inspection interval in the existing AD. The previous NPRM 
was prompted by fleet information indicating that the repetitive 
inspection interval in the existing AD is too long because excessive 
chafing of the sleeving continues to occur much earlier than expected 
between scheduled inspections. This action revises the previous NPRM by 
proposing a terminating action for the repetitive inspections, to 
eliminate wire damage. This action also removes certain airplanes from 
the applicability of the previous NPRM. We are proposing this 
supplemental NPRM to detect and correct chafing of the fuel pump wire 
insulation and consequent exposure of the electrical conductor, which 
could result in electrical arcing between the wires and conduit and 
consequent fire or explosion of the fuel tank.
    Since these actions impose an additional burden over that proposed 
in the previous 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 supplemental NPRM by August 16, 
2012.

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 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; 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, 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://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Rebel Nichols, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 
425-917-6509; fax: 425-917-6590; email: rebel.nichols@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-2010-1160; 
Directorate Identifier 2010-NM-148-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 to supersede AD 2000-11-
06, Amendment 39-11754 (65 FR 34928, June 1, 2000; corrected August 1, 
2000 (65 FR 46862)), that would apply to all Model 767-200, -300, -
300F, and -400ER series airplanes. That NPRM published in the Federal 
Register on December 14, 2010 (75 FR 77790). The existing AD currently 
requires repetitive inspections to detect discrepancies of the wiring 
and surrounding Teflon sleeves of the fuel tank boost pumps and 
override/jettison pumps; replacement of the sleeves with new sleeves, 
for certain airplanes; and repair or replacement of the wiring and 
sleeves with new parts, as necessary. That NPRM proposed to reduce the 
initial compliance time and repetitive inspection interval in the 
existing AD.

Actions Since Previous NPRM (75 FR 77790, December 14, 2010) Was Issued

    Since we issued the previous NPRM (75 FR 77790, December 14, 2010), 
the manufacturer has issued Boeing Alert Service Bulletin 767-28A0104, 
Revision 1, dated March 2, 2012, to replace the fuel boost pump and 
override/jettison pump wire bundles inside the in-tank conduits with 
new wire bundles. The new wire bundles have liners which hold the fuel 
pump power wires away from the sides of the metal conduit, to eliminate 
chafing. Boeing Alert Service Bulletin 767-28A0104, Revision 1, dated 
March 2, 2012, also removes certain airplanes from the effectivity.

Comments

    We gave the public the opportunity to comment on the previous NPRM 
(75 FR 77790, December 14, 2010). The following presents the comments 
received on the previous NPRM and the FAA's response to each comment.

Request To Delay Issuance of the Previous NPRM (75 FR 77790, December 
14, 2010)

    Continental Airlines (CAL) asked that we delay issuance of the 
previous NPRM (75 FR 77790, December 14, 2010) until Boeing Alert 
Service Bulletin 767-28A0104, dated January 25, 2011, is revised to 
include a change to the airplane fuel boost pump and override jettison 
pump wiring. CAL stated that it was informed that the revised bulletin 
was currently in the approval process. CAL noted that, in accordance 
with Boeing Alert Service Bulletin 767-28A0104, dated January 25, 2011, 
paragraph (e) of the previous NPRM provides the information regarding 
the unsafe condition and reduction of repetitive inspection intervals. 
CAL also stated that, although these repetitive inspection intervals 
may detect and correct chafing of the fuel pump wire insulation and 
consequent exposure of the electrical conductor,

[[Page 39190]]

which could result in an unsafe condition, the following issues are 
created by the service information referenced in the previous NPRM:
     Does not provide requirements of system design changes to 
permanently eliminate the unsafe condition.
     Does impose operational and logistical difficulties to 
operator with the scheduling of the short repetitive inspection 
intervals.
     Does impose additional economic burden to operator with 
the repetitive maintenance inspection requirements in lieu of one-time 
low cost terminating action.
    We do not agree to delay issuing the supplemental NPRM because the 
proposed actions are required to address the unsafe condition. However, 
we do agree that the revised service information should be included in 
this supplemental NPRM. As explained previously, Boeing has issued 
Alert Service Bulletin 767-28A0104, Revision 1, dated March 2, 2012. 
That service bulletin includes procedures for a wiring change to the 
fuel boost pump and override/jettison pump. We reviewed that service 
bulletin and have included it in a new terminating action specified in 
paragraph (l) of this supplemental NPRM.

Requests To Clarify Applicability

    Boeing asked that we revise the applicability identified in the 
previous NPRM (75 FR 77790, December 14, 2010) to include specific 
airplane effectivities. Boeing stated that production-certified changes 
implemented at line number 990 and on constituted terminating action 
against inspection requirements of the Teflon sleeves around the 
wiring. Boeing noted that the service information referenced in the 
previous NPRM is being revised to limit the airplane effectivity up to 
and including line number 989. CAL stated that, in the Boeing 767 
Airplane Maintenance Manual there are two fuel pump wire installation 
configurations for the Model 767 fleet. CAL added that the previous 
NPRM does not provide a specific clarification as to which airplane 
configuration the regulatory requirements apply, other than the 
effectivity of Boeing Alert Service Bulletin 767-28A0053, Revision 2, 
dated June 24, 2010.
    We agree that the applicability (all Model 767-200, -300, -300F, 
and -400ER series airplanes) specified in the previous NPRM (75 FR 
77790, December 14, 2010) should be clarified, and have determined that 
not all airplanes are affected. Boeing has issued Service Bulletin 767-
28A0053, Revision 3, dated November 11, 2011. Boeing Service Bulletin 
767-28A0053, Revision 1, dated August 5, 1999; and Boeing Alert Service 
Bulletin 767-28A0053, Revision 2, dated June 24, 2010; were referred to 
as the sources of service information for accomplishing certain actions 
in the previous NPRM. Revision 3 of Boeing Service Bulletin 767-
28A0053, dated November 11, 2011, specifies no more work is necessary 
on airplanes changed in accordance with Boeing Service Bulletin 767-
28A0053, Revision 1, dated August 5, 1999; or Boeing Alert Service 
Bulletin 767-28A0053, Revision 2, dated June 24, 2010. Boeing Service 
Bulletin 767-28A0053, Revision 3, dated November 11, 2011, clarifies 
the effectivity and certain procedures in the Accomplishment 
Instructions, and removes the optional fuel pump check. We have added 
Boeing Service Bulletin 767-28A0053, Revision 3, dated November 11, 
2011, as a source of service information for accomplishing the required 
actions in this supplemental NPRM. We have also changed the 
applicability in this supplemental NPRM from ``all'' to ``as identified 
in Boeing Service Bulletin 767-28A0053, Revision 3, dated November 11, 
2011.''

Requests To Include Information Notice

    United Airlines (UAL) asked that we include Boeing Service Bulletin 
Information Notice 767-28A0053 IN05, dated August 12, 2010, in the 
previous NPRM (75 FR 77790, December 14, 2010). UAL stated that this 
information notice informs operators that Boeing Alert Service Bulletin 
767-28A0053, Revision 2, dated June 24, 2010, will be revised to 
provide optional connector part numbers and delete the optional fuel 
pump check. UAL noted that this would allow operators to use the 
information notice without the need to request an alternative method of 
compliance (AMOC). All Nippon Airways also asked that we allow the use 
of optional connectors.
    As noted above, Boeing has issued Service Bulletin 767-28A0053, 
Revision 3, dated November 11, 2011. Boeing Service Bulletin 767-
28A0053, Revision 3, dated November 11, 2011, incorporates the changes 
in Boeing Service Bulletin Information Notice 767-28A0053 IN05, dated 
August 12, 2010, into the Accomplishment Instructions. Therefore, no 
change to this supplemental NPRM is necessary in this regard.

Request To Include Terminating Action

    UAL asked that terminating action for the repetitive inspections be 
added to the previous NPRM (75 FR 77790, December 14, 2010). UAL noted 
that Boeing may be developing a solution that would terminate the 
inspections proposed by the previous NPRM.
    As noted above, Boeing has issued Alert Service Bulletin 767-
28A0104, Revision 1, dated March 2, 2012. Boeing Alert Service Bulletin 
767-28A0104, Revision 1, dated March 2, 2012, adds replacement of the 
fuel boost pump and override/jettison pump wire bundles with new wire 
bundles; which eliminates the need for the repetitive inspections. We 
have added a new paragraph (l) to this supplemental NPRM to include 
that terminating action.

Requests To Clarify Certain Requirement

    American Airlines (AAL) asked for clarification on the following 
items:
     Paragraph (g) of the previous NPRM (75 FR 77790, December 
14, 2010) used the word ``splice'' in the examples of discrepancies; 
however, AAL noted that the referenced service bulletin does not use 
the word ``splice'' and it is not aware of any practical methods to 
splice Teflon. AAL did not ask for a change.
     Paragraphs (h) and (i) of the previous NPRM (75 FR 77790, 
December 14, 2010) refer to paragraph D. of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-28A0053, Revision 2, 
dated June 24, 2010. This reference is correct in Boeing Service 
Bulletin 767-28A0053, Revision 1, dated August 5, 1999, but is 
incorrect in Boeing Alert Service Bulletin 767-28A0053, Revision 2, 
dated June 24, 2010, because the numbering scheme in the revised 
service information has changed.
     Paragraph (i)(2)(ii) of the previous NPRM (75 FR 77790, 
December 14, 2010) refers to ``paragraph (a) of this AD.'' However, 
this reference should be changed to paragraph (g) of this AD because 
the numbering scheme of the previous NPRM has changed from that 
specified in the existing AD.
     Paragraph (j) of the previous NPRM (75 FR 77790, December 
14, 2010) refers to paragraphs G., H., I., or J. of Boeing Service 
Bulletin 767-28A0053, Revision 1, dated August 5, 1999, but omits 
references to Boeing Alert Service Bulletin 767-28A0053, Revision 2, 
dated June 24, 2010.
    We agree with the commenter's concerns and offer the following 
clarifications:
     We have removed the word ``splices'' from paragraph (g) of 
this supplemental NPRM for clarity.
     We have removed the specific reference to ``paragraph D.'' 
of the Accomplishment Instructions from

[[Page 39191]]

paragraphs (h) and (i) of this supplemental NPRM for clarity.
     We have changed the reference to paragraph (a) in 
paragraph (i)(2)(ii) of the previous NPRM (75 FR 77790, December 14, 
2010) to paragraph (g) in this supplemental NPRM to refer to the 
correct paragraph identifier.
     We have removed the reference to paragraphs G., H., I., or 
J. in paragraph (j) of this supplemental NPRM, since there are three 
versions of the service bulletin. We have included references to Boeing 
Alert Service Bulletin 767-28A0053, Revision 2, dated June 24, 2010; 
and Boeing Service Bulletin 767-28A0053, Revision 3, dated November 11, 
2011; in paragraph (j) of this supplemental NPRM.
    UAL also asked that paragraphs (h) and (i) of the previous NPRM (75 
FR 77790, December 14, 2010) be revised for clarification. UAL stated 
that those paragraphs refer to paragraph D. of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-28A0053, Revision 2, 
dated June 24, 2010, and there is no paragraph D. in Revision 2 of that 
service bulletin. UAL asked that we change those paragraphs for 
clarification. In addition, UAL asked that we refer to Boeing Alert 
Service Bulletin 767-28A0053, Revision 2, dated June 24, 2010; or 
Revision 3, dated November 11, 2011; in paragraph (j) of the previous 
NPRM.
    As noted above, we agree and have removed the specific reference to 
``paragraph D.'' of the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-28A0053, Revision 2, dated June 24, 2010, from 
paragraphs (h) and (i) of this supplemental NPRM. We also revised 
paragraph (j) of this supplemental NPRM to refer to Boeing Alert 
Service Bulletin 767-28A0053, Revision 2, dated June 24, 2010; or 
Revision 3, dated November 11, 2011.

Request To Remove Reporting Requirement

    AAL asked that the reporting requirement in paragraph (k) of the 
previous NPRM (75 FR 77790, December 14, 2010) be removed. AAL stated 
that paragraph (k) of the previous NPRM contains the following 
language, ``Submit a report of positive inspection findings (findings 
of discrepancies only), along with any damaged wiring and sleeves, to 
the Seattle Manufacturing Inspection District Office (MIDO) * * *'' AAL 
noted that this statement is identical to paragraph (e) of the existing 
AD, and added that any additional damaged wiring and sleeving reports 
sent to the FAA in Seattle would not have an appreciable benefit in 
finding a solution to the chafing problem. AAL asked that this 
paragraph be removed, or if not removed, extended due to the nature of 
the inspections and the ability to report any damaged wiring and 
sleeving within the 10-day compliance time.
    We agree with the commenter because the benefit of reporting after 
so many years is minimal. The data necessary for determining a 
permanent fix for the wiring has been compiled, and there is a 
terminating modification for the wiring specified in paragraph (l) of 
this supplemental NPRM. Therefore, we have removed paragraph (k) of the 
previous NPRM (75 FR 77790, December 14, 2010), and the related 
paperwork reduction act language in paragraph (m) of the previous NPRM, 
and reidentified subsequent paragraphs in this supplemental NPRM 
accordingly.

Request To Restate Incorporation by Reference and Special Flight Permit 
Paragraphs

    AAL noted the absence of the Special Flight Permits and 
Incorporation by Reference paragraphs, in paragraphs (g) and (h) of the 
existing AD, and asked that those paragraphs be restated in the 
previous NPRM (75 FR 77790, December 14, 2010).
    We acknowledge the commenter's concerns. However, the Special 
Flight Permits paragraph specified in the existing AD has now been 
removed from all ADs because that information is contained in sections 
21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199). The Incorporation by Reference section of an AD is only 
included in final rules to incorporate the required service 
information. Therefore, those paragraphs are not restated in this 
supplemental NPRM.

Request To Include Alternative Methods of Compliance

    CAL and UAL asked that Boeing Service Bulletins 767-28A0079 and 
767-28A0080, which have been approved by the Seattle Aircraft 
Certification Office (ACO) as an AMOC to AD 2000-11-06, Amendment 39-
11754 (65 FR 34928, June 1, 2000; corrected August 1, 2000 (65 FR 
46862)), be approved as an AMOC for the corresponding requirements in 
the previous NPRM (75 FR 77790, December 14, 2010).
    All Nippon Airways noted that its AMOC, Letter 140S-10-385, dated 
October 21, 2010, is also approved by the Seattle ACO as an AMOC to AD 
2000-11-06, Amendment 39-11754 (65 FR 34928, June 1, 2000; corrected 
August 1, 2000 (65 FR 46862)). We infer that All Nippon Airways is 
asking that the letter be approved as an AMOC for the corresponding 
requirements in the previous NPRM (75 FR 77790, December 14, 2010).
    We agree with the commenters' requests. Paragraph (n)(3) of this 
supplemental NPRM includes previously approved AMOCs to AD 2000-11-06, 
Amendment 39-11754 (65 FR 34928, June 1, 2000; corrected August 1, 2000 
(65 FR 46862)), as AMOCs with the corresponding requirements of this 
supplemental NPRM. The terminating action and reduced inspection 
intervals in this supplemental NPRM have no corresponding action in AD 
2000-11-06. Therefore, no change to the supplemental NPRM is necessary 
in this regard.

Request To Change Compliance Time

    UAL asked that the compliance time for certain inspections 
specified in the previous NPRM (75 FR 77790, December 14, 2010) be 
changed. UAL stated that paragraph (l)(1) of the previous NPRM requires 
inspecting within 15,000 flight hours after the most recent inspection 
or within 6,000 flight hours after the effective date of the AD, 
whichever occurs later, but not to exceed 60,000 flight hours after the 
most recent inspection required by paragraph (g) of the previous NPRM. 
UAL suggested that the compliance time be changed to within 60,000 
flight hours or 30,000 flight cycles after the effective date of the 
AD, whichever occurs first.
    We do not agree with the commenter. In developing an appropriate 
compliance time for the inspections, we considered not only the degree 
of urgency associated with addressing the subject unsafe condition, but 
the manufacturer's recommendation for an appropriate compliance time, 
and the practical aspect of accomplishing the required inspections 
within a period of time that corresponds to the normal scheduled 
maintenance for most affected operators. However, under the provisions 
of paragraph (n) of this supplemental NPRM, we will consider requests 
for approval of a change to the compliance time if sufficient data are 
submitted to substantiate that the new compliance time would provide an 
acceptable level of safety. No change to this supplemental NPRM is 
necessary in this regard.

Request To Increase Work-Hours in Costs of Compliance

    UAL asked that we increase the number of work-hours specified in 
the previous NPRM (75 FR 77790, December 14, 2010) for the actions done

[[Page 39192]]

on airplanes with and without jettison pumps. UAL stated that Boeing 
Alert Service Bulletin 767-28A0053, Revision 2, dated June 24, 2010, 
specifies 6.5 work-hours to do the actions for airplanes with jettison 
pumps, and 5.25 work-hours to do the actions for airplanes without 
jettison pumps.
    We agree with the commenter for the reasons provided. We have 
increased the number of work-hours for those airplanes in the Costs of 
Compliance section of this supplemental NPRM accordingly.

Changes to Supplemental NPRM

    We have added a new paragraph (m) to this supplemental NPRM to 
provide credit for actions performed before the effective date of the 
AD using Boeing Service Bulletin 767-28A0104, dated January 25, 2011.
    We have removed Note 1 of the previous NPRM (75 FR 77790, December 
14, 2010).
    We have revised certain headings throughout this supplemental NPRM.

FAA's Determination

    We are proposing this supplemental NPRM 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 
previous NPRM (75 FR 77790, December 14, 2010). 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 supplemental 
NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require accomplishing the actions 
specified in the service information described previously.

Costs of Compliance

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
              Action                   Labor cost          Parts cost       Cost per product       operators
----------------------------------------------------------------------------------------------------------------
Actions for airplanes with         7 work-hours x $85  None..............  $595 per            Up to $246,330
 jettison pumps, required by AD     per hour = $595                         inspection cycle.   per inspection
 2000-11-06, Amendment 39-11754     per inspection                                              cycle.
 (65 FR 34928, June 1, 2000;        cycle.
 corrected August 1, 2000 (65 FR
 46862)).
Actions for airplanes without      5 work-hours x $85  None..............  $425 per            Up to $175,950
 jettison pumps, required by AD     per hour = $425                         inspection cycle.   per inspection
 2000-11-06, Amendment 39-11754     per inspection                                              cycle.
 (65 FR 34928, June 1, 2000;        cycle.
 corrected August 1, 2000 (65 FR
 46862)).
New proposed action: Replace       33 work hours x     $6,061............  $8,866............  $3,670,524
 existing wire bundles with new     $85 per hour =
 wire bundles.                      $2,805.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                       Cost per
                  Action                                    Labor cost                   Parts cost    product
----------------------------------------------------------------------------------------------------------------
Replace wire bundle sleeves if damage       1 work hour x $85 per hour = $85..........       $1,452       $1,537
 found during inspections.
----------------------------------------------------------------------------------------------------------------

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:

[[Page 39193]]

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 airworthiness directive 
(AD) 2000-11-06, Amendment 39-11754 (65 FR 34928, June 1, 2000; 
corrected August 1, 2000 (65 FR 46862)), and adding the following new 
AD:

The Boeing Company: Docket No. FAA-2010-1160; Directorate Identifier 
2010-NM-148-AD.

(a) Comments Due Date

    We must receive comments by August 16, 2012.

(b) Affected ADs

    This AD supersedes AD 2000-11-06, Amendment 39-11754 (65 FR 
34928, June 1, 2000; corrected August 1, 2000 (65 FR 46862)).

(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 767-28A0053, Revision 3, dated 
November 11, 2011.

(d) Subject

    Air Transport Association (ATA) of America Code 28: Fuel.

(e) Unsafe Condition

    This AD was prompted by fleet information indicating that the 
repetitive inspection interval in the existing AD is too long 
because excessive chafing of the sleeving continues to occur much 
earlier than expected between scheduled inspections. We are issuing 
this AD to detect and correct chafing of the fuel pump wire 
insulation and consequent exposure of the electrical conductor, 
which could result in electrical arcing between the wires and 
conduit and consequent fire or explosion of the fuel tank.

(f) Compliance

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

(g) Retained Repetitive Inspections

    This paragraph restates the requirements of paragraph (a) of AD 
2000-11-06, Amendment 39-11754 (65 FR 34928, June 1, 2000; corrected 
August 1, 2000 (65 FR 46862)), with revised service information. 
Perform a detailed visual inspection to detect discrepancies--
including the presence of cuts, splits, holes, worn areas, and 
lacing ties installed on the outside of the sleeves (except at the 
sleeve ends)--of the Teflon sleeves surrounding the wiring of the 
fuel tank boost pumps and override/jettison pumps, at the earlier of 
the times specified in paragraphs (g)(1) and (g)(2) of this AD, in 
accordance with Boeing Service Bulletin 767-28A0053, Revision 1, 
dated August 5, 1999; Boeing Alert Service Bulletin 767-28A0053, 
Revision 2, dated June 24, 2010; or Boeing Service Bulletin 767-
28A0053, Revision 3, dated November 11, 2011. Repeat the inspection 
thereafter at intervals not to exceed 60,000 flight hours or 30,000 
flight cycles, whichever occurs first. As of the effective date of 
this AD, only Boeing Alert Service Bulletin 767-28A0053, Revision 3, 
dated November 11, 2011, may be used to do the actions required by 
this paragraph.
    (1) Prior to the accumulation of 50,000 total flight hours, or 
within 90 days after July 6, 2000 (the effective date of AD 2000-11-
06, Amendment 39-11754 (65 FR 34928, June 1, 2000; corrected August 
1, 2000 (65 FR 46862)), whichever occurs later.
    (2) Within 18 months after July 6, 2000 (the effective date of 
AD 2000-11-06, Amendment 39-11754 (65 FR 34928, June 1, 2000; 
corrected August 1, 2000 (65 FR 46862)).

(h) Retained Corrective Actions

    This paragraph restates the requirements of paragraph (b) of AD 
2000-11-06, Amendment 39-11754 (65 FR 34928, June 1, 2000; corrected 
August 1, 2000 (65 FR 46862)), with revised service information. If 
any discrepancy is detected during any inspection required by 
paragraph (g) of this AD: Prior to further flight, remove the Teflon 
sleeves and perform a detailed visual inspection to detect damage of 
the wiring, in accordance with the Accomplishment Instructions of 
Boeing Service Bulletin 767-28A0053, Revision 1, dated August 5, 
1999; Boeing Alert Service Bulletin 767-28A0053, Revision 2, dated 
June 24, 2010; or Boeing Service Bulletin 767-28A0053, Revision 3, 
dated November 11, 2011. As of the effective date of this AD, only 
Boeing Alert Service Bulletin 767-28A0053, Revision 3, dated 
November 11, 2011, may be used to do the actions required by this 
AD.
    (1) If no damage to the wiring is detected, prior to further 
flight, install new Teflon sleeves, in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 767-28A0053, 
Revision 1, dated August 5, 1999; Boeing Alert Service Bulletin 767-
28A0053, Revision 2, dated June 24, 2010; or Boeing Service Bulletin 
767-28A0053, Revision 3, dated November 11, 2011. As of the 
effective date of this AD, only Boeing Alert Service Bulletin 767-
28A0053, Revision 3, dated November 11, 2011, may be used to do the 
actions required by this AD.
    (2) If any damage to the wiring is detected, prior to further 
flight, accomplish the requirements of paragraph (i) of this AD.

(i) Retained Corrective Actions

    This paragraph restates the requirements of paragraph (c) of AD 
2000-11-06, Amendment 39-11754 (65 FR 34928, June 1, 2000; corrected 
August 1, 2000 (65 FR 46862)), with revised service information. If 
any damage to the wiring is detected during any inspection required 
by paragraph (h) of this AD: Prior to further flight, perform a 
detailed visual inspection to determine if the wiring damage was 
caused by arcing, in accordance with the Accomplishment Instructions 
of Boeing Service Bulletin 767-28A0053, Revision 1, dated August 5, 
1999; Boeing Alert Service Bulletin 767-28A0053, Revision 2, dated 
June 24, 2010; or Boeing Service Bulletin 767-28A0053, Revision 3, 
dated November 11, 2011. As of the effective date of this AD, only 
Boeing Alert Service Bulletin 767-28A0053, Revision 3, dated 
November 11, 2011, may be used to do the actions required by this 
AD.
    (1) If the wire damage was not caused by arcing: Prior to 
further flight, repair any damaged wires or replace the wires with 
new or serviceable wires, as applicable, and install new Teflon 
sleeves, in accordance with the Accomplishment Instructions of 
Boeing Service Bulletin 767-28A0053, Revision 1, dated August 5, 
1999; Boeing Alert Service Bulletin 767-28A0053, Revision 2, dated 
June 24, 2010; or Boeing Service Bulletin 767-28A0053, Revision 3, 
dated November 11, 2011. As of the effective date of this AD, only 
Boeing Alert Service Bulletin 767-28A0053, Revision 3, dated 
November 11, 2011, may be used to do the actions required by this 
AD.
    (2) If any damage caused by arcing is found: Prior to further 
flight, perform an inspection for signs of fuel inside the conduit 
or on the wires, in accordance with the Accomplishment Instructions 
of Boeing Service Bulletin 767-28A0053, Revision 1, dated August 5, 
1999; Boeing Alert Service Bulletin 767-28A0053, Revision 2, dated 
June 24, 2010; or Boeing Service Bulletin 767-28A0053, Revision 3, 
dated November 11, 2011. As of the effective date of this AD, only 
Boeing Alert Service Bulletin 767-28A0053, Revision 3, dated 
November 11, 2011, may be used to do the actions required by this 
AD.
    (i) If no sign of fuel is found, accomplish the actions 
specified by paragraphs (i)(2)(i)(A), (i)(2)(i)(B), (i)(2)(i)(C), 
and (i)(2)(i)(D) of this AD.
    (A) Prior to further flight, repair the wires or replace the 
wires with new or serviceable wires, as applicable, in accordance 
with the Accomplishment Instructions of Boeing Service Bulletin 767-
28A0053, Revision 1, dated August 5, 1999; Boeing Alert Service 
Bulletin 767-28A0053, Revision 2, dated June 24, 2010; or Boeing 
Service Bulletin 767-28A0053, Revision 3, dated November 11, 2011. 
As of the effective date of this AD, only Boeing Alert Service 
Bulletin 767-28A0053, Revision 3, dated November 11, 2011, may be 
used to do the actions required by this AD.
    (B) Prior to further flight, install new Teflon sleeves, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 767-28A0053, Revision 1, dated August 5, 1999; Boeing Alert 
Service Bulletin 767-28A0053, Revision 2, dated June 24, 2010; or 
Boeing Service Bulletin 767-28A0053, Revision 3, dated November 11, 
2011. As of the effective date of this AD, only Boeing Alert Service 
Bulletin 767-28A0053, Revision 3, dated November 11, 2011, may be 
used to do the actions required by this AD.
    (C) Repeat the inspection for signs of fuel inside the conduit 
thereafter at intervals not to exceed 500 flight hours, until the

[[Page 39194]]

requirements of paragraph (h)(2)(i)(D) of this AD have been 
accomplished. If any fuel is found inside the conduit during any 
inspection required by this paragraph, prior to further flight, 
replace the conduit with a new or serviceable conduit in accordance 
with the Accomplishment Instructions of Boeing Service Bulletin 767-
28A0053, Revision 1, dated August 5, 1999; Boeing Alert Service 
Bulletin 767-28A0053, Revision 2, dated June 24, 2010; or Boeing 
Service Bulletin 767-28A0053, Revision 3, dated November 11, 2011. 
Thereafter, repeat the inspection specified in paragraph (g) of this 
AD at intervals not to exceed 60,000 flight hours or 30,000 flight 
cycles, whichever occurs first. As of the effective date of this AD, 
only Boeing Alert Service Bulletin 767-28A0053, Revision 3, dated 
November 11, 2011, may be used to do the actions required by this 
AD.
    (D) Within 6,000 flight hours or 18 months after the initial 
fuel inspection specified by paragraph (h)(2) of this AD, whichever 
occurs first, replace the conduit with a new or serviceable conduit, 
in accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 767-28A0053, Revision 1, dated August 5, 1999; Boeing Alert 
Service Bulletin 767-28A0053, Revision 2, dated June 24, 2010; or 
Boeing Service Bulletin 767-28A0053, Revision 3, dated November 11, 
2011. Such conduit replacement constitutes terminating action for 
the repetitive fuel inspections required by paragraph (i)(2)(i)(C) 
of this AD. As of the effective date of this AD, only Boeing Alert 
Service Bulletin 767-28A0053, Revision 3, dated November 11, 2011, 
may be used to do the actions required by this AD.
    (ii) If any fuel is found in the conduit or on any wire: Prior 
to further flight, replace the conduit with a new or serviceable 
conduit, replace damaged wires with new or serviceable wires, and 
install new Teflon sleeves; in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 767-28A0053, Revision 1, 
dated August 5, 1999; Boeing Alert Service Bulletin 767-28A0053, 
Revision 2, dated June 24, 2010; or Boeing Service Bulletin 767-
28A0053, Revision 3, dated November 11, 2011. Thereafter, repeat the 
inspection specified in paragraph (g) of this AD at intervals not to 
exceed 60,000 flight hours or 30,000 flight cycles, whichever occurs 
first. As of the effective date of this AD, only Boeing Alert 
Service Bulletin 767-28A0053, Revision 3, dated November 11, 2011, 
may be used to do the actions required by this AD.

(j) Retained Pump Retest

    This paragraph restates the requirements of paragraph (d) of AD 
2000-11-06, Amendment 39-11754 (65 FR 34928, June 1, 2000; corrected 
August 1, 2000 (65 FR 46862)), with revised service information. For 
any wire bundle removed and reinstalled during any inspection 
required by this AD: Prior to further flight after such 
reinstallation, retest the fuel pump in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 767-28A0053, 
Revision 1, dated August 5, 1999; Boeing Alert Service Bulletin 767-
28A0053, Revision 2, dated June 24, 2010; or Boeing Service Bulletin 
767-28A0053, Revision 3, dated November 11, 2011. As of the 
effective date of this AD, only Boeing Alert Service Bulletin 767-
28A0053, Revision 3, dated November 11, 2011, may be used to do the 
actions required by this AD.

(k) New Repetitive Inspections With Reduced Inspection Intervals

    Do the inspection required by paragraph (g) of this AD at the 
time specified in paragraph (l)(1) or (l)(2) of this AD, as 
applicable, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 767-28A0053, Revision 3, dated 
November 11, 2011. Repeat the inspection thereafter at intervals not 
to exceed 15,000 flight hours. Accomplishing the first inspection in 
this paragraph ends the repetitive inspection requirements in 
paragraph (g) of this AD.
    (1) For airplanes on which the inspection required by paragraph 
(g) of this AD has been done as of the effective date of this AD: Do 
the inspection within 15,000 flight hours after the most recent 
inspection or within 6,000 flight hours after the effective date of 
this AD, whichever occurs later; but not to exceed 60,000 flight 
hours after the most recent inspection required by paragraph (g) of 
this AD.
    (2) For airplanes on which the inspection required by paragraph 
(g) of this AD has not been done as of the effective date of this 
AD: Do the inspection before the accumulation of 15,000 total flight 
hours or within 6,000 flight hours after the effective date of this 
AD, whichever occurs later.

(l) New Terminating Action

    Within 60 months after the effective date of this AD: Replace 
the fuel boost pump and override/jettison pump wire bundles inside 
the in-tank electrical conduit with new wire bundles, in accordance 
with the Accomplishment Instructions of Boeing Alert Service 
Bulletin 767-28A0104, Revision 1, dated March 2, 2012. Accomplishing 
the replacement specified in this paragraph ends the repetitive 
inspection requirements in paragraph (k) of this AD.

(m) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (l) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert Service Bulletin 767-
28A0104, dated January 25, 2011.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) AMOCs approved previously in accordance with AD 2000-11-06, 
Amendment 39-11754 (65 FR 34928, June 1, 2000; corrected August 1, 
2000 (65 FR 46862)), are approved as AMOCs with the corresponding 
requirements of this AD. Compliance time extensions approved 
previously in accordance with AD 2000-11-06 are not approved as 
AMOCs for the compliance times required by paragraph (k) of this AD.

(o) Related Information

    (1) For more information about this AD, contact Rebel Nichols, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; phone: 425-917-6509; fax: 425-917-6590; 
email: rebel.nichols@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, Washington 98124-2207; telephone 
206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
    (3) 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.

    Issued in Renton, Washington, on June 22, 2012.
Jeffrey Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-16099 Filed 6-29-12; 8:45 am]
BILLING CODE 4910-13-P
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