[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Proposed Rules]
[Pages 13534-13536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5721]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0158; Directorate Identifier 2010-NM-118-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 767-200, -300,
-300F, and -400ER Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain Model 767-200, -300, -300F, and
-400ER series airplanes. The existing AD currently requires an
inspection to determine if certain motor operated valve actuators for
the fuel tanks are installed, and related investigative and corrective
actions if necessary. This proposed AD would add airplanes and, for
certain airplanes, require additional inspections to determine if
certain motor operated valve actuators for the fuel tanks are
installed, and related investigative and corrective actions if
necessary. This proposed AD results from fuel system reviews conducted
by the manufacturer. We are proposing this AD to prevent an ignition
source inside the fuel tanks, which, in combination with flammable fuel
vapors, could result in a fuel tank explosion and consequent loss of
the airplane.
DATES: We must receive comments on this proposed AD by April 28, 2011.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; e-mail [email protected];
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 (telephone 800-647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Douglas Bryant, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
425-917-6505; fax 425-917-6590; e-mail [email protected].
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-2011-0158;
Directorate Identifier 2010-NM-118-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
On October 19, 2009, we issued AD 2009-22-13, amendment 39-16066
(74 FR 55755, October 29, 2009), for certain Boeing Model 767-200, -
300, -300F, and -400ER series airplanes. That AD requires an inspection
to determine if certain motor operated valve (MOV) actuators for the
fuel tanks are installed, and related investigative and corrective
actions if necessary. That AD resulted from fuel system reviews
conducted by the manufacturer. We issued that AD to prevent an ignition
source inside the fuel tanks, which, in combination with flammable fuel
vapors, could result in a fuel tank explosion and consequent loss of
the airplane.
Actions Since Existing AD Was Issued
Since we issued AD 2009-22-13, Boeing issued a revision to Boeing
Alert Service Bulletin 767-28A0090, dated July 3, 2008 (which was
referenced as a source of service information in AD 2009-22-13). Boeing
Service Bulletin 767-28A0090, Revision 2, dated September 2, 2010,
corrects the group configuration assignment for certain airplanes, adds
airplanes to the effectivity, and adds additional work for certain
airplanes that accomplished Boeing Alert Service Bulletin 767-28A0090,
dated July 3, 2008; or Boeing Service Bulletin 767-28A0090, Revision 1,
dated April 1, 2010. The actions described in Boeing Service Bulletin
767-28A0090, Revision 2, dated September 2, 2010, are similar to those
described in Boeing Alert Service Bulletin 767-28A0090, dated July 3,
2008.
[[Page 13535]]
The airplanes that were assigned to the wrong group configuration
(Group 3 instead of Group 2) and accomplished the requirements of AD
2009-22-13 in accordance with Boeing Alert Service Bulletin 767-
28A0090, dated July 3, 2008, need to do additional inspections to
determine if certain motor operated valve actuators for the fuel tanks
are installed, and related investigative and corrective actions if
necessary, in accordance with Boeing Service Bulletin 767-28A0090,
Revision 2, dated September 2, 2010 (the new group configuration has
more work packages than the old group configuration).
The airplanes that were assigned to the wrong group configuration
(Group 4 instead of Group 1) in Boeing Alert Service Bulletin 767-
28A0090, dated July 3, 2008; or Boeing Service Bulletin 767-28A0090,
Revision 1, dated April 1, 2010; and accomplished actions using either
of those service bulletins need to do additional inspections to
determine if certain MOV actuators for the fuel tanks are installed,
and related investigative and corrective actions if necessary, in
accordance with Boeing Service Bulletin 767-28A0090, Revision 2, dated
September 2, 2010 (the new group configuration has more work packages
than the old group configuration).
FAA's Determination and Requirements of the Proposed AD
We have evaluated all pertinent information and identified an
unsafe condition that is likely to develop on other airplanes of the
same type design. For this reason, we are proposing this AD, which
would supersede AD 2009-22-13 and would retain the requirements of the
existing AD. This proposed AD would also require, for certain
airplanes, accomplishing the actions specified in the Boeing Service
Bulletin 767-28A0090, Revision 2, dated September 2, 2010, described
previously.
Costs of Compliance
There are about 398 airplanes of U.S. registry. The following table
provides the estimated costs for U.S. operators to comply with this
proposed AD.
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Inspection for presence of MOV Between 2 and 4 none............. Between $170 and Between $67,660
actuators (required by AD 2009- work-hours x $85 $340. and $135,320.
22-13). per hour = Between
$170 and $340.
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by removing amendment 39-16066 (74 FR
55755, October 29, 2009) and adding the following new AD:
The Boeing Company: Docket No. FAA-2011-0158; Directorate Identifier
2010-NM-118-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by April 28,
2011.
Affected ADs
(b) This AD supersedes AD 2009-22-13, Amendment 39-16066.
Applicability
(c) 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 767-28A0090, Revision 2, dated
September 2, 2010.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Unsafe Condition
(e) This AD results from fuel system reviews conducted by the
manufacturer. The Federal Aviation Administration is issuing this AD
to prevent an ignition source inside the fuel tanks, which, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
[[Page 13536]]
Restatement of Requirements of AD 2009-22-13, With Revised Service
Information
Inspection and Related Investigative/Corrective Actions
(g) For Model 767-200, -300, -300F, and -400ER series airplanes,
as identified in Boeing Alert Service Bulletin 767-28A0090, dated
July 3, 2008: Within 60 months after December 3, 2009 (the effective
date of AD 2009-22-13), do the actions in paragraphs (g)(1) and
(g)(2) of this AD.
(1) Inspect the motor operated valves (MOVs) in the main and
center fuel tanks to determine if any MOV having part number (P/N)
MA20A1001-1 is installed, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 767-28A0090, dated
July 3, 2008; or Boeing Service Bulletin 767-28A0090, Revision 2,
dated September 2, 2010. A review of airplane maintenance records is
acceptable in lieu of this inspection if the part number can be
conclusively determined from that review. After the effective date
of this AD, only Revision 2 may be used.
(2) Do all applicable related investigative and corrective
actions specified in and in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 767-28A0090, dated
July 3, 2008; or Boeing Service Bulletin 767-28A0090, Revision 2,
dated September 2, 2010; except as provided by paragraph (h) of this
AD. After the effective date of this AD, only Revision 2 may be
used.
Alternative Part Numbers
(h) Where Boeing Alert Service Bulletin 767-28A0090, dated July
3, 2008; or Boeing Service Bulletin 767-28A0090, Revision 2, dated
September 2, 2010; specifies replacing any actuator having P/N
MA20A1001-1 with a new actuator having P/N MA30A1001, a serviceable
actuator having any of the following part numbers is also acceptable
as a replacement part: MA30A1001; MA20A2027 (S343T003-56);
MA11A1265-1 (S343T003-41); or AV-31-1 (S343T003-111).
New Requirements of This AD
Inspection and Related Investigative/Corrective Actions for Additional
Airplanes
(i) For airplanes that are identified in Boeing Service Bulletin
767-28A0090, Revision 2, dated September 2, 2010, but are not
identified in paragraph (g) of this AD: Within 60 months after
December 3, 2009, do the actions required by paragraph (g) of this
AD in accordance with Boeing Service Bulletin 767-28A0090, Revision
2, dated September 2, 2010.
Revised Inspection and Related Investigative/Corrective Actions
Instructions for Certain Airplanes
(j) For airplanes having variable numbers (VNs) VN921, VN922,
and VN966 through VN972 inclusive, that accomplished the actions
required in paragraph (g) of this AD before the effective date of
this AD in accordance with Boeing Alert Service Bulletin 767-
28A0090, dated July 3, 2008: Within 60 months after December 3,
2009, do the actions specified in paragraphs (j)(1) and (j)(2) of
this AD.
(1) Inspect the motor operated valves (MOVs) in the main and
center fuel tanks to determine if any MOV having part number (P/N)
MA20A1001-1 is installed, in accordance with Work Packages 2, 3, 4,
and 5 of the Accomplishment Instructions of Boeing Service Bulletin
767-28A0090, Revision 2, dated September 2, 2010. A review of
airplane maintenance records is acceptable in lieu of this
inspection if the part number can be conclusively determined from
that review.
(2) Do all applicable related investigative and corrective
actions specified in and in accordance with Work Packages 2, 3, 4,
and 5 of the Accomplishment Instructions of Boeing Service Bulletin
767-28A0090, Revision 2, dated September 2, 2010; except as provided
by paragraph (h) of this AD.
(k) For airplanes having VNs VF181 through VF184 inclusive that
accomplished the actions required in paragraph (g) of this AD before
the effective date of this AD in accordance with Boeing Alert
Service Bulletin 767-28A0090, dated July 3, 2008; or Boeing Service
Bulletin 767-28A0090, Revision 1, dated April 1, 2010: Within 60
months after December 3, 2009, do the actions in paragraphs (k)(1)
and (k)(2) of this AD.
(1) Inspect the motor operated valves (MOVs) in the main and
center fuel tanks to determine if any MOV having part number (P/N)
MA20A1001-1 is installed, in accordance with Work Packages 2, 3, 4,
and 5 of the Accomplishment Instructions of Boeing Service Bulletin
767-28A0090, Revision 2, dated September 2, 2010. A review of
airplane maintenance records is acceptable in lieu of this
inspection if the part number can be conclusively determined from
that review.
(2) Do all applicable related investigative and corrective
actions specified in and in accordance with Work Packages 2, 3, 4,
and 5 of the Accomplishment Instructions of Boeing Service Bulletin
767-28A0090, Revision 2, dated September 2, 2010; except as provided
by paragraph (h) of this AD.
Credit for Actions Accomplished in Accordance With Previous Service
Information
(l) Actions done before the effective date of this AD in
accordance with Boeing Service Bulletin 767-28A0090, Revision 1,
dated April 1, 2010, are acceptable for compliance with the
requirements of paragraphs (i) and (j) of this AD.
Alternative Methods of Compliance (AMOCs)
(m)(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 e-mailed to: [email protected].
(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 for AD 2009-22-13 are approved as
AMOCs for the corresponding provisions of this AD.
Related Information
(n) For more information about this AD, contact Douglas Bryant,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle ACO,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 425-
917-6505; fax 425-917-6590; e-mail: [email protected].
(o) 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; e-mail
[email protected]; 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.
Issued in Renton, Washington, on March 4, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-5721 Filed 3-11-11; 8:45 am]
BILLING CODE 4910-13-P