[Federal Register: January 28, 2003 (Volume 68, Number 18)]
[Proposed Rules]
[Page 4116-4118]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja03-18]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 4116]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2000-NM-409-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-200, -300, and -300F
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
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SUMMARY: This document revises an earlier proposed airworthiness
directive (AD), applicable to certain Boeing Model 767-200, -300, and -
300F series airplanes, that would have required a one-time inspection
for discrepancies of certain wire bundles in the forward cargo
compartment, and corrective actions, if necessary. This new action
revises the proposed rule by extending the compliance time and
expanding the inspection area. The actions specified by this new
proposed AD are intended to prevent damage to wire bundles,
particularly those of the fuel quantity indication system (FQIS), which
are located in the subject area. Damage of FQIS wires could cause
arcing between those wires and power wires in the damaged wire bundle,
and may lead to transmission of electrical energy into the fuel tank,
which would result in a potential source of ignition in the fuel tank.
This action is intended to address the identified unsafe condition.
DATES: Comments must be received by February 24, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2000-NM-409-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2000-NM-409-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 for Windows or
ASCII text.
The service information referenced in the proposed rule may be
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle,
Washington 98124-2207. This information may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington.
FOR FURTHER INFORMATION CONTACT: Elias Natsiopoulos, Aerospace
Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-1279; fax (425) 227-1181.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2000-NM-409-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2000-NM-409-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to add an airworthiness directive (AD), applicable to
certain Boeing Model 767-200, -300, and -300F series airplanes, was
published as a notice of proposed rulemaking (NPRM) in the Federal
Register on October 26, 2001 (66 FR 54171). That NPRM proposed to
require a one-time inspection for discrepancies of certain wire bundles
in the forward cargo compartment, and corrective actions, if necessary.
That NPRM was prompted by a report indicating that, prior to engine
start-up on a Boeing Model 767 series airplane, several circuit
breakers tripped and the flight crew observed unusual messages on the
engine indication and crew alerting system display. An investigation
revealed that numerous wires in certain wire bundles had melted and
burned. The affected wire bundles were located on the ceiling of the
forward cargo compartment, and had chafed. Wires for the fuel quantity
indication system (FQIS), which penetrate the fuel tank, are routed
through one of the wire bundles that was damaged in the reported
incident. Damage of FQIS wires could cause arcing between those wires
and power wires in the damaged wire bundle, and may lead to
transmission of electrical energy into the fuel tank, which would
result in a potential source of ignition in the fuel tank.
[[Page 4117]]
Actions Since Issuance of Previous Proposal
Due consideration has been given to the comments received in
response to the original NPRM. Some of the comments have resulted in
changes to the original NPRM.
Support for the Original NPRM
One operator supports the original NPRM.
Request for Revised Service Information
One commenter, an operator, has identified three problems in Boeing
Service Bulletin 767-24A0128, dated May 11, 2000, which was identified
as the appropriate service information for the actions specified in the
original NPRM. First, the Panduit strap does not fit into the cable
spacer, as described in that service bulletin. Second, the specified
0.5-inch clearance between the wire bundles and the cargo liner is
impossible to achieve. Third, the cargo liner panel is mislabeled in
Figure 1, Sheet 2, of the service bulletin.
The FAA agrees. Boeing has revised the service bulletin, which the
FAA has reviewed and approved. Boeing Service Bulletin 767-24A0128,
Revision 2, dated May 23, 2002, addresses all of the commenter's
concerns: The new Panduit straps will fit the cable spacers; the space
requirements between the wire bundles and the cargo ceiling liner
standoff have been revised to 0.25 inch for sleeving and 0.13 inch for
sleeving and spacers; and Figure 1, Sheet 2, has been revised to
identify the ``floor beam'' rather than the ``ceiling liner.'' The FAA
has revised this supplemental NPRM to cite Revision 2 of the service
bulletin as the appropriate service information for the proposed
actions. Revision 2 of the service bulletin expands the inspection to
include areas that were inadvertently omitted from the original service
bulletin and Revision 1. Specifically, this supplemental NPRM would
require inspection of wire bundles between right buttock line (RBL) 40
and RBL 70. (The original NPRM proposed to require inspection of
bundles between RBL 40 and RBL 54.)
Request To Revise Cost Estimate
One commenter, an operator, recommends revising the Cost Impact
section. Rather than 2 work hours to accomplish all the actions
specified in the original NPRM, the commenter suggests that this figure
be revised to 32 work hours per airplane, broken down as follows: 2
work hours to access the area, 2 work hours to inspect the wire
bundles, 26 work hours to protect the wire bundles (the commenter
reports finding inadequate clearance on the wire bundles on nearly all
its airplanes and is adding protection to the bundles on each
airplane), and 2 work hours for restoration.
The FAA partially agrees. Although moderating the clearance
requirements (as described previously) would considerably reduce the
time necessary to accomplish the corrective actions, only the
inspection and clearance measurement of the wire bundles would actually
be required by this supplemental NPRM. The economic analysis of an AD
is limited to the cost of actions actually required by the rule. It
does not consider the cost of conditional actions, which would be
required to be accomplished--regardless of AD direction--to correct an
unsafe condition identified on an airplane and to ensure operation of
that airplane in an airworthy condition, as required by the Federal
Aviation Regulations.
Request To Extend the Compliance Time
Two commenters, both operators, request that the compliance time be
extended from 15 months to 18 months. One operator states that an 18-
month compliance time would correspond to available maintenance
opportunities for the fleet, based on the work-hour estimates, without
compromising safety. The other operator requests that the compliance
time reflect ATA ``Spec 111'' recommended guidelines for such non-
emergency-related safety issues, and suggests that an 18-month
compliance time would coincide with regularly scheduled ``C'' check
visits.
The FAA agrees. In light of the revised work-hour estimates
provided in Revision 2 of the service bulletin, the FAA finds that the
proposed 18-month compliance time is more appropriate for the majority
of operators to accomplish the corrective action that would be mandated
by this supplemental NPRM and still ensure the safety of the fleet.
This supplemental NPRM has been revised accordingly.
Request To Clarify Identity of Airplanes Subject to Inspection
Requirement
One commenter, an operator, requests that the proposed AD be
revised to clarify that only the inspection is required and operators
may choose to rework the wire bundles if ``deemed necessary.'' The
commenter requests that the difference between the service bulletin
instructions and the AD inspection requirements be clearly defined.
The FAA partially agrees. The rework instructions in Revision 2 of
the service bulletin correspond to the proposed requirements in this
supplemental NPRM. However, the FAA disagrees with the request to
require only the inspection of the wire bundles and to permit operators
to determine whether corrective action is needed. The FAA finds that
the need to rework the wire bundles is not a discretionary option for
operators. If conditions exist that require the rework (as specified in
this supplemental NPRM and clarified in Revision 2 of the service
bulletin), then operators are required to comply with the rework
requirements. The rework conditions proposed in this supplemental NPRM
are the same as those recommended in Revision 2 of the service
bulletin. No further change to this supplemental NPRM is necessary.
Conclusion
Revision 2 of the service bulletin specifies additional areas to be
inspected. Since this change expands the scope of the original NPRM,
the FAA has determined that it is necessary to reopen the comment
period to provide additional opportunity for public comment.
Difference Between Service Bulletin and Proposed AD
The service bulletin recommends accomplishing the inspection ``at
the earliest opportunity when manpower and facilities are available.''
However, the FAA has determined that such a compliance time will not
ensure that operators address the unsafe condition in a timely manner.
In developing an appropriate compliance time for this supplemental
NPRM, we considered not only the manufacturer's recommendation, but the
degree of urgency associated with addressing the subject unsafe
condition, and the time necessary to accomplish the actions. In light
of all of these factors, the FAA finds that an 18-month compliance time
represents an appropriate length of time to allow affected airplanes to
continue to be operated without compromising safety.
Clarification of Inspection Type
While the service bulletin specifies that operators ``inspect''
(for chafing or damage of wire bundles), this supplemental NPRM would
require a ``detailed inspection.'' The FAA has determined that the
procedures as described in the service bulletin should be considered a
detailed inspection. Note 2 has been revised in this supplemental NPRM
to define this type of inspection.
[[Page 4118]]
Cost Impact
There are approximately 774 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 303 airplanes of U.S. registry
would be affected by this supplemental NPRM, that it would take
approximately 2 work hours per airplane to accomplish the proposed
inspection, and that the average labor rate is $60 per work hour. Based
on these figures, the cost impact of this supplemental NPRM on U.S.
operators is estimated to be $36,360, or $120 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed requirements of
this AD action, and that no operator would accomplish those actions in
the future if this supplemental NPRM were not adopted. The cost impact
figures discussed in AD rulemaking actions represent only the time
necessary to perform the specific actions actually required by the AD.
These figures typically do not include incidental costs, such as the
time required to gain access and close up, planning time, or time
necessitated by other administrative actions.
Regulatory Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that 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);
and (3) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new
airworthiness directive:
Boeing: Docket 2000-NM-409-AD.
Applicability: Model 767-200, -300, and -300F series airplanes;
certificated in any category; as listed in Boeing Alert Service
Bulletin 767-24A0128, Revision 2, dated May 23, 2002.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent damage of wire bundles in the forward cargo
compartment, particularly wires of the fuel quantity indication
system (FQIS) installed in that area, which could cause arcing
between the FQIS wires and power wires in the damaged wire bundle,
lead to transmission of electrical energy into the fuel tank, and
result in a potential source of ignition in the fuel tank,
accomplish the following:
Inspection and Follow-on Actions
(a) Within 18 months after the effective date of this AD, do a
one-time detailed inspection to detect discrepancies of all wire
bundles routed along the ceiling of the forward cargo compartment
from station 368 through 742 at right buttock lines 40 through 70,
according to the Accomplishment Instructions of Boeing Alert Service
Bulletin 767-24A0128, Revision 2, dated May 23, 2002. Discrepancies
include chafing or damage of wire bundles near stand-offs that
attach the cargo ceiling liner to the floor beams.
(1) Before further flight, repair any discrepancy, according to
the Accomplishment Instructions of the service bulletin.
(2) Before further flight, examine the clearance between the
wire bundles in the forward cargo compartment and the cargo liner
standoffs, according to the service bulletin.
(i) If the clearance is greater than 0.25 inch: No further
action is required by this AD.
(ii) If the clearance is 0.25 inch or less: Before further
flight, install sleeving, cable spacers, and straps, as applicable,
according to the Accomplishment Instructions of the service
bulletin.
Note 2: For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''
Alternative Methods of Compliance
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Seattle Aircraft Certification
Office (ACO), FAA. Operators shall submit their requests through an
appropriate FAA Principal Maintenance Inspector, who may add
comments and then send it to the Manager, Seattle ACO.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Seattle ACO.
Special Flight Permits
(c) Special flight permits may be issued in accordance with
Sec. Sec. 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Issued in Renton, Washington, on January 22, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-1828 Filed 1-27-03; 8:45 am]
BILLING CODE 4910-13-P