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[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Rules and Regulations]
[Pages 64696-64699]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25672]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0567; Directorate Identifier 2010-NM-272-AD; 
Amendment 39-17218; AD 2012-21-02]
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 adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 767-200, -300, -300F, and -400ER series 
airplanes. This AD was prompted by a design review following a ground 
fire incident and reports of flammable fluid leaks from the wing 
leading edge area onto the engine exhaust area. This AD requires 
modification of the fluid drain path in the leading edge area of the 
wing. We are issuing this AD to prevent flammable fluid from leaking 
onto the engine exhaust nozzle, which could result in a fire.

DATES: This AD is effective November 27, 2012.
    The Director of the Federal Register approved the incorporation by 
reference

[[Page 64697]]

of certain publications listed in the AD as of November 27, 2012.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; phone: 206-544-5000, 
extension 1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

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 AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (phone: 800-647-5527) is Document 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: Tung Tran, Aerospace Engineer, 
Propulsion Branch, ANM-140S, Seattle Aircraft Certification Office 
(ACO), FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-
917-6505; fax: 425-917-6590; email: Tung.Tran@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a Notice of Proposed Rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM published in the Federal Register on June 15, 2011 (76 FR 
34918). That NPRM proposed to require modifying the fluid drain path in 
the leading edge area of the wing.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(76 FR 34918, June 15, 2011) and the FAA's response to each comment.

Support for Proposed Rule (76 FR 34918, June 15, 2011)

    Continental Airlines (Continental) stated it agrees with the intent 
of the proposed rule (76 FR 34918, June 15, 2011).

Requests To Incorporate New Information Notice and Clarify Certain 
Service Information

    Delta Airlines (Delta), American Airlines (American), and 
Continental requested that we incorporate Boeing Service Bulletin 
Information Notice 767-57-0121 IN 01, dated March 3, 2011, into the 
NPRM (76 FR 34918, June 15, 2011). American justified its request by 
stating this information notice addresses information critical to the 
correct application of sealant, and, if this information notice is not 
incorporated by reference in the AD, the modification addressed in 
Boeing Special Attention Service Bulletin 767-57-0121, dated October 7, 
2010, will be incomplete and incorrect. Continental justified its 
request by stating this information notice corrects and clarifies 
certain instructions of Boeing Special Attention Service Bulletin 767-
57-0121, dated October 7, 2010. Air New Zealand requested clarification 
of exactly where the sealant specified in steps 7 and 8 of Figures 11 
and 12 is to be applied.
    Boeing has requested that we allow the use of Boeing Special 
Attention Service Bulletin 767-57-0121, Revision 1, dated July 27, 
2011. Boeing Special Attention Service Bulletin 767-57-0121, Revision 
1, dated July 27, 2011, as revised by Boeing Special Attention Service 
Bulletin 767-57-0121, Revision 2, dated January 10, 2012, includes the 
information contained in Boeing Service Bulletin Information Notice 
767-57-0121 IN 01, dated March 3, 2011.
    We agree to incorporate the content of Boeing Service Bulletin 
Information Notice 767-57-0121 IN 01, dated March 3, 2011, into this 
final rule. This information notice addresses information critical to 
the correct application of sealant to the wing ribs. We have changed 
paragraph (g) of this AD to refer to Boeing Special Attention Service 
Bulletin 767-57-0121, Revision 1, dated July 27, 2011, as revised by 
Boeing Special Attention Service Bulletin 767-57-0121, Revision 2, 
dated January 10, 2012. We also have added paragraph (h) of this AD to 
give credit for modifications of the fluid drain path in the leading 
edge area of the wing, if those actions were accomplished before the 
effective date of this AD using Boeing Special Attention Service 
Bulletin 767-57-0121, dated October 7, 2010. We have changed the 
subsequent paragraph designations accordingly.

Request To Withdraw the NPRM (76 FR 34918, June 15, 2011)

    UPS requested that we withdraw the NPRM (76 FR 34918, June 15, 
2011) and allow compliance with the actions in AD 2011-03-15, Amendment 
39-16599 (76 FR 8615, February 15, 2011) to address the identified 
unsafe condition addressed in the NPRM. AD 2011-03-15 requires 
inspecting for correct main track downstop assembly, thread protrusion, 
damaged and missing parts of the main track downstop assemblies of the 
outboard slats for foreign objects, debris, and damage to the wall of 
the track housing of the outboard slats, and corrective actions if 
necessary for certain Model 767 series airplanes. UPS justified its 
request by stating that Boeing Special Attention Service Bulletin 767-
57-0118, Revision 1, dated October 21, 2010, which is referred to in AD 
2011-03-15, requires checking all the slat track stop bolts and slat 
track housings for debris and correcting any discrepancies found, which 
will correct the unsafe condition addressed by the NPRM. UPS also 
stated concern that the modification required by the NPRM will not 
address any or all fuel leaking along the leading edge of the wing for 
Model 767 airplanes, because Boeing Special Attention Service Bulletin 
767-57-0121, dated October 7, 2010, was written to change the drain 
path, but was based on a specific incident for Model 737 airplane 
wings. UPS stated the modification based on the single incident cannot 
ensure that all flammable fuel leaks on Model 767 airplanes will be 
addressed by the modification specified in the NPRM.
    We disagree with the request to withdraw the NPRM (76 FR 34918, 
June 15, 2011). AD 2011-03-15, Amendment 39-16599 (76 FR 8615, February 
15, 2011), was issued to address the potential of foreign object damage 
or slat track stop bolts coming loose in the slat track housings, which 
could cause a puncture in the track housing when the slat is retracted, 
and a consequent fuel leak. The NPRM addressed a wing leading edge 
drain hole that is located close to the engine nozzle such that a fuel 
leak from any cause, not just from a slat track housing leak, is 
drained directly on the engine exhaust nozzle and could cause a fuel 
fire. Accomplishing the actions of AD 2011-03-15 does not remove the 
risk caused by the drain hole that is addressed by this final rule. We 
have not changed the final rule in this regard.

[[Page 64698]]

Requests To Require New Part Numbers for All Modified Parts

    Continental and Delta requested that parts modified by 
accomplishment of Boeing Special Attention Service Bulletin 767-57-
0121, dated October 7, 2010, be identified with new part numbers. 
Continental justified its request by stating that the new part numbers 
are needed to prevent the potential of unmodifying a modified airplane 
in the future by purchasing and installing an unmodified wing panel on 
that airplane. Delta justified its request by stating that the lack of 
configuration control in that service bulletin leaves the entire 
industry at a risk for de-modification. Swapping access panels between 
airplanes, which is common during C-checks, could create a non-
compliance situation if one airplane has been modified and the other 
has not.
    We partially agree. We agree with the intent of this request 
because it prevents a situation where unmodified non-compliant parts 
are installed unintentionally due to a lack of configuration control. 
We disagree with the commenters' request for new part numbers to be 
assigned to all modified parts, because there are no production 
equivalent parts for these retrofitted parts. Therefore, we cannot use 
the production part numbers to identify the parts modified per Boeing 
Special Attention Service Bulletin 767-57-0121, dated October 7, 2010. 
However, we have changed paragraph (g) of this final rule to require 
actions to be done in accordance with Boeing Special Attention Service 
Bulletin 767-57-0121, Revision 1, dated July 27, 2011, as revised by 
Boeing Special Attention Service Bulletin 767-57-0121, Revision 2, 
dated January 10, 2012, which includes part marking instructions for 
seal doors, wing panels, and ribs to identify that the part was 
modified per this service information.

Request To Approve Delegation of Alternative Methods of Compliance 
(AMOCs)

    Boeing requested paragraph (h) of the NPRM (76 FR 34918, June 15, 
2011) be changed to allow Boeing authority to approve AMOCs under the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA). Boeing justified its request by stating that it anticipates 
repairs will be required to panel and ribs etc., when Boeing Special 
Attention Service Bulletin 767-57-0121, dated October 7, 2010, is 
embodied, and it would be beneficial if the Boeing ODA is authorized to 
approve these repairs.
    We agree with the request to delegate structural AMOC approval to 
the Boeing ODA, because we believe that the Boeing ODA will be 
effective at making those findings. We have added new paragraph (i)(3) 
to the final rule to delegate structural AMOC approval to the Boeing 
ODA.

Change to Proposed Applicability

    We have changed paragraph (c) of this final rule to refer to 
airplanes identified in Boeing Special Attention Service Bulletin 767-
57-0121, Revision 1, dated July 27, 2011.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     [Agr]re consistent with the intent that was proposed in 
the NPRM (76 FR 34918, June 15, 2011) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 34918, June 15, 2011).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 361 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
----------------------------------------------------------------------------------------------------------------
Leading edge fluid drainage              22 work-hours x $85 per            $651        $2,521         $910,081
 modification.                            hour = $1,870.
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    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 costs in our cost 
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    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:

[[Page 64699]]

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2012-21-02 The Boeing Company: Amendment 39-17218; Docket No. FAA-
2011-0567; Directorate Identifier 2010-NM-272-AD.

(a) Effective Date

    This AD is effective November 27, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category, as 
identified in Boeing Special Attention Service Bulletin 767-57-0121, 
Revision 1, dated July 27, 2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a design review following a ground fire 
incident and reports of flammable fluid leaks from the wing leading 
edge area onto the engine exhaust area. We are issuing this AD to 
prevent flammable fluid from leaking onto the engine exhaust nozzle, 
which could result in a fire.

(f) Compliance

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

(g) Drain Path Modification

    Within 60 months after the effective date of this AD, modify the 
fluid drain path in the leading edge area of the wing, in accordance 
with the Accomplishment Instructions of Boeing Special Attention 
Service Bulletin 767-57-0121, Revision 1, dated July 27, 2011, as 
revised by Boeing Special Attention Service Bulletin 767-57-0121, 
Revision 2, dated January 10, 2012.

(h) Credit for Previous Actions

    This paragraph provides credit for the modification required by 
paragraph (g) of this AD, if that modification was performed before 
the effective date of this AD using Boeing Special Attention Service 
Bulletin 767-57-0121, dated October 7, 2010, which is not 
incorporated by reference in this AD.

(i) 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) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Seattle ACO, to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.

(j) Related Information

    (1) For more information about this AD, contact Tung Tran, 
Aerospace Engineer, Propulsion Branch, ANM-140S, Seattle Aircraft 
Certification Office (ACO), FAA, 1601 Lind Avenue SW., Renton, WA 
98057-3356; phone: 425-917-6505; fax: 425-917-6590; email: 
Tung.Tran@faa.gov.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; phone: 206-544-
5000, extension 1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com.

(k) 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 Special Attention Service Bulletin 767-57-0121, 
Revision 1, dated July 27, 2011.
    (ii) Boeing Special Attention Service Bulletin 767-57-0121, 
Revision 2, dated January 10, 2012.
    (3) For service information identified in this AD contact, 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; phone: 206-544-
5000, extension 1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com.
    (4) You may review copies of the referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (5) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 9, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-25672 Filed 10-22-12; 8:45 am]
BILLING CODE 4910-13-P
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