[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Rules and Regulations]
[Pages 219-222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28378]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0698; Product Identifier 2017-NM-047-AD; Amendment 
39-19143; AD 2018-01-02]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2017-02-03, 
which applied to certain The Boeing Company Model 767-200, -300, and -
400ER series airplanes. AD 2017-02-03 required inspection of the 
plastic potable water coupling, and corrective actions if necessary; 
installation of new spray shrouds; and inspection of previously 
installed spray shields, and related investigative and corrective 
actions if necessary. This AD adds airplanes to the applicability and, 
for certain airplanes, requires hose assembly removals and 
installations. This AD was prompted by a report of a malfunction of the 
engine indication and crew alerting system (EICAS) during flight. We 
are issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective February 7, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 7, 
2018.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone: 562-797-1717; internet: https://www.myboeingfleet.com. You may view this service information at the 
FAA, Transport Standards Branch, 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

[[Page 220]]

for and locating Docket No. FAA-2017-0698.

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-2017-
0698; 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 final rule, the regulatory evaluation, any comments 
received, and other information. The address for the Docket Office 
(phone: 800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Stanley Chen, Aerospace Engineer, 
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO 
Branch, 1601 Lind Avenue SW, Renton, WA 98057-3356; phone: 425-917-
6585; fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#295a5d4847454c50074a414c47694f4848074e465f"><span class="__cf_email__" data-cfemail="c6b5b2a7a8aaa3bfe8a5aea3a886a0a7a7e8a1a9b0">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2017-02-03, Amendment 39-18782 (82 FR 10541, 
February 14, 2017) (``AD 2017-02-03''). AD 2017-02-03 applied to 
certain The Boeing Company Model 767-200, -300, and -400ER series 
airplanes. The NPRM published in the Federal Register on July 20, 2017 
(82 FR 33465). The NPRM was prompted by a report of a malfunction of 
the EICAS during flight. The NPRM proposed to add airplanes to the 
applicability and, for certain airplanes, requires hose assembly 
removal and installation. We are issuing this AD to prevent an 
uncontrolled water leak from a defective potable water system coupling, 
which could cause the main equipment center (MEC) line replaceable 
units (LRUs) to become wet, resulting in an electrical short and 
potential loss of several functions essential for safe flight.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
per STC ST01920SE does not affect the accomplishment of the 
manufacturer's service instructions.
    We agree with the commenter that STC ST01920SE 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 AD 
in this regard.

Request To Delay the Final Rule

    Boeing requested that we delay issuance of the final rule until the 
manufacturer can release Revision 4 of Boeing Alert Service Bulletin 
767-38A0073 in November 2017. Boeing pointed out that Revision 4 will 
not add any airplanes to the effectivity or make any substantial 
changes that will change the scope of the NPRM. Boeing mentioned that 
Revision 4 will expand usage of an optional tape material to all 
affected groups of airplanes because the originally specified tape is 
no longer available, and include an optional set of clamping 
instructions that can be used if needed to prevent a riding condition. 
Boeing also mentioned that Revision 4 will clarify what actions are 
required for each group of airplanes based on which revision of the 
service information has previously been accomplished. Boeing pointed 
out that revising the NPRM to refer to Revision 4 of Boeing Alert 
Service Bulletin 767-38A0073 would reduce the need for alternative 
method of compliance (AMOC) requests.
    We do not consider that delaying this action until release of the 
planned service bulletin is warranted. Revision 4 of Boeing Alert 
Service Bulletin 767-38A0073 is not yet approved, and we cannot specify 
future revisions of service information in this AD. Revision 3 of 
Boeing Alert Service Bulletin 767-38A0073 is the current revision 
available, and it provides adequate information to address the 
identified unsafe condition. We have reviewed the proposed Revision 4 
and as it does provide more options and clarifications which may be 
helpful, but are not required to accomplish the requirements of this 
AD. Therefore, we do not plan to wait for the release of Revision 4 of 
Boeing Alert Service Bulletin 767-38A0073 before issuing this AD. 
However, we have revised this AD to allow the use of BMS 5-179 tape, 
wherever Permacell P-29 is instructed to be used in Revision 3. We will 
consider requests for approval of an AMOC to allow the use of Revision 
4 of Boeing Alert Service Bulletin 767-38A0073 after it has been 
published, under the provisions of paragraph (k)(1) of this AD.

Request To Revise Language of Parts Installation Prohibition

    Boeing requested that we revise paragraph (j) of the proposed AD to 
specify that part numbers CA620 series and CA625 series may not be 
installed on the locations specific to Boeing Alert Service Bulletin 
767-38A0073, Revision 3, dated September 8, 2016. Boeing pointed out 
that the current wording of paragraph (j) of the proposed AD is being 
misinterpreted to apply to all airplane locations. Boeing also 
mentioned that multiple operators have requested revision to the 
Illustrated Parts Catalog (IPC) to remove listed part numbers CA620 
series and CA625 series in other locations that are not affected by 
Boeing Alert Service Bulletin 767-38A0073, Revision 3, dated September 
8, 2016.
    We agree with the commenter for the reasons provided. We have 
revised paragraph (j) of this AD to specify ``. . . for the locations 
identified in Boeing Alert Service Bulletin 767-38A0073, Revision 3, 
dated September 8, 2016.''

Request To Include Prior AMOC Approvals for AD 2017-02-03

    ABX AIR requested that we include prior AMOC approvals that were 
granted for AD 2017-02-03. ABX AIR mentioned that it operates airplanes 
that have been converted from passenger configuration to cargo 
configuration. ABX AIR pointed out that the potable water system and 
components have been removed from the airplanes during conversion. ABX 
AIR also pointed out that it had already received AMOC approval for AD 
2017-02-03 in regards to the conversion to cargo configuration.
    We agree with the commenter for the reasons provided. We have added 
paragraph (k)(4) to this AD to include prior AMOC approvals for AD 
2017-02-03.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously, and minor editorial 
changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

[[Page 221]]

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 767-38A0073, Revision 3, 
dated September 8, 2016 (``Boeing Alert Service Bulletin 767-38A0073, 
R3''). This service information describes procedures for, among other 
actions, removing three hose assemblies and installing four new hose 
assemblies. 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.

Costs of Compliance

    We estimate that this AD affects 139 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspections (retained actions from   10 work-hours x $85 per                  $0            $850        $109,650
 AD 2017-02-03) (129 airplanes).      hour = $850.
Installation (retained actions from  3 work-hours x $85 per hour             330             585          75,465
 AD 2017-02-03) (129 airplanes).      = $255.
Inspections (new action) (10         10 work-hours x $85 per                   0             850           8,500
 airplanes).                          hour = $850.
Installation (new actions) (15       3 work-hour x $85 per hour              330             585           8,775
 airplanes).                          = $255.
----------------------------------------------------------------------------------------------------------------

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

                                     Estimated Cost for On-Condition Actions
----------------------------------------------------------------------------------------------------------------
             Labor cost                  Parts cost                         Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 4 work-hours x $85 per hour =              $53                                                Up to $393.
 $340...............................
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this 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 available 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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under 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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2017-02-03, Amendment 39-18782 (82 FR 10541, February 14, 2017), and 
adding the following new AD:

2018-01-02 The Boeing Company: Amendment 39-19143; Docket No. FAA-
2017-0698; Product Identifier 2017-NM-047-AD.

(a) Effective Date

    This AD is effective February 7, 2018.

(b) Affected ADs

    This AD replaces AD 2017-02-03, Amendment 39-18782 (82 FR 10541, 
February 14, 2017) (``AD 2017-02-03'').

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, and -
400ER series airplanes, certificated in any category, as identified 
in Boeing Alert Service Bulletin 767-38A0073, Revision 3, dated 
September

[[Page 222]]

8, 2016 (``Boeing Alert Service Bulletin 767-38A0073, R3'').

(d) Subject

    Air Transport Association (ATA) of America Code 38, Water/waste.

(e) Unsafe Condition

    This AD was prompted by a report of a malfunction of the engine 
indication and crew alerting system (EICAS) during flight. We are 
issuing this AD to prevent an uncontrolled water leak from a 
defective potable water system coupling, which could cause the main 
equipment center (MEC) line replaceable units (LRUs) to become wet, 
resulting in an electrical short and potential loss of several 
functions essential for safe flight.

(f) Compliance

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

(g) Inspection of Couplings and Installation of Spray Shrouds

    Except as required by paragraph (h) of this AD: At the 
applicable times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 767-38A0073, R3, do all applicable 
actions identified as ``RC'' (required for compliance) in, and in 
accordance with, the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-38A0073, R3.

    Note 1 to paragraph (g) of this AD:  Operators can take optional 
protective measures to cover or shield their equipment against water 
spray when performing the Potable Water System Leakage Test, as 
specified in Boeing Alert Service Bulletin 767-38A0073, R3.

(h) Exceptions to the Service Information

    (1) Where Boeing Alert Service Bulletin 767-38A0073, R3, uses 
the phrase ``after the original issue date of this service 
bulletin,'' for purposes of determining compliance with the 
requirements of this AD, March 16, 2017 (the effective date of AD 
2017-02-03) must be used.
    (2) Where Boeing Alert Service Bulletin 767-38A0073, R3, uses 
the phrase ``after the Revision 2 date of this service bulletin,'' 
for purposes of determining compliance with the requirements of this 
AD, March 16, 2017 (the effective date of AD 2017-02-03) must be 
used.
    (3) Where Boeing Alert Service Bulletin 767-38A0073, R3, 
specifies a compliance time ``after the Revision 3 date of this 
service bulletin,'' for purposes of determining compliance with the 
requirements of this AD, the phrase ``after the effective date of 
this AD'' must be used.
    (4) Where Boeing Alert Service Bulletin 767-38A0073, R3, 
specifies using Permacell P-29 tape, for purposes of determining 
compliance with the requirements of this AD, BMS 5-179 tape is 
acceptable.

(i) Credit for Previous Actions

    (1) For airplanes in Groups 4 through 8, 10, 12, and 13, as 
identified in Boeing Alert Service Bulletin 767-38A0073, R3: This 
paragraph provides credit for the actions specified in paragraph (g) 
of this AD, if those actions were performed before the effective 
date of this AD using Boeing Alert Service Bulletin 767-38A0073, 
dated November 12, 2013; Boeing Service Bulletin 767-38A0073, 
Revision 1, dated November 5, 2014; or Boeing Alert Service Bulletin 
767-38A0073, Revision 2, dated August 10, 2015.
    (2) For airplanes in Groups 1 through 3, and Group 9, 
Configuration 2, as identified in Boeing Alert Service Bulletin 767-
38A0073, R3: This paragraph provides credit for the actions 
specified in paragraph (g) of this AD, if those actions were 
performed before the effective date of this AD using Boeing Alert 
Service Bulletin 767-38A0073, Revision 2, dated August 10, 2015.

(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install any 
plastic potable water coupling having part number (P/N) CA620 series 
or P/N CA625 series on any airplane for the locations identified in 
Boeing Alert Service Bulletin 767-38A0073, Revision 3, dated 
September 8, 2016.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, 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 certification office, send it to the attention of the 
person identified in paragraph (l)(1) of this AD. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#f0c9ddb1bebddda3959184849c95ddb1b3bfddb1bdbfb3dda295818595838483b0969191de979f86"><span class="__cf_email__" data-cfemail="98a1b5d9d6d5b5cbfdf9ececf4fdb5d9dbd7b5d9d5d7dbb5cafde9edfdebecebd8fef9f9b6fff7ee">[email protected]</span></a>.
    (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 Branch, 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.
    (4) AMOCs approved previously for AD 2017-02-03 are approved as 
AMOCs for the corresponding provisions of Boeing Alert Service 
Bulletin 767-38A0073, R3, that are required by paragraph (g) of this 
AD.
    (5) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(k)(5)(i) and (k)(5)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(l) Related Information

    (1) For more information about this AD, contact Stanley Chen, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 1601 Lind Avenue SW, Renton, WA 98057-3356; 
phone: 425-917-6585; fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#4d3e392c23212834632e2528230d2b2c2c632a223b"><span class="__cf_email__" data-cfemail="641710050a08011d4a070c010a240205054a030b12">[email protected]</span></a>.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 767-38A0073, Revision 3, dated 
September 8, 2016.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone: 562-797-1717; internet: https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on December 26, 2017.
John P. Piccola, Jr.,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-28378 Filed 1-2-18; 8:45 am]
 BILLING CODE 4910-13-P


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