AD 2012-12-15

[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Rules and Regulations]
[Pages 42964-42971]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-17558]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0304; Directorate Identifier 2010-NM-103-AD; 
Amendment 39-17095; AD 2012-12-15]
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 an existing airworthiness directive (AD) 
for The Boeing Company Model 757 Airplanes. That AD currently requires 
revising the Airworthiness Limitations (AWLs) section of the 
Instructions for Continued Airworthiness by

[[Page 42965]]

incorporating new limitations for fuel tank systems to satisfy Special 
Federal Aviation Regulation No. 88 requirements. That AD also requires 
the initial inspection of certain repetitive AWL inspections to phase-
in those inspections, and repair if necessary. This new AD requires 
actions that were provided previously as optional actions, and would 
require a certain initial inspection to be accomplished for a revised 
AWL. This AD was prompted by a report that an AWL required by the 
existing AD must be revised. We are issuing this AD to prevent the 
potential for ignition sources inside fuel tanks caused by latent 
failures, alterations, repairs, or maintenance actions, which, in 
combination with flammable fuel vapors, could result in a fuel tank 
explosion and consequent loss of the airplane.

DATES: This AD is effective August 27, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of August 27, 
2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of June 
12, 2008 (73 FR 25974, May 8, 2008).

ADDRESSES: 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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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: Tak Kobayashi, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 
425-917-6499; fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#1a6e7b717b7273697b347175787b637b6972735a7c7b7b347d756c"><span class="__cf_email__" data-cfemail="dfabbeb4beb7b6acbef1b4b0bdbea6beacb7b69fb9bebef1b8b0a9">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede airworthiness directive (AD) AD 2008-10-11, 
Amendment 39-15517 (73 FR 25974, May 8, 2008). That AD applies to the 
specified products. The NPRM published in the Federal Register on April 
8, 2011 (76 FR 19710). That NPRM proposed to continue to require 
revising the Airworthiness Limitations (AWLs) section of the 
Instructions for Continued Airworthiness by incorporating new 
limitations for fuel tank systems to satisfy Special Federal Aviation 
Regulation No. 88 requirements, and the initial inspection of certain 
repetitive AWL inspections to phase-in those inspections, and repair if 
necessary. That NPRM also proposed to require actions that were 
provided previously as optional actions, and would require a certain 
initial inspection to be accomplished for a revised AWL.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comments received. Boeing supports the 
NPRM (76 FR 19710, April 8, 2011).

Request To Refer to the Most Recent Revision of Service Information

    United Airlines (UAL) requested that paragraph (l) of the NPRM (76 
FR 19710, April 8, 2011) be revised to allow use of Boeing Temporary 
Revision (TR) 09-010, dated July 2010, to Section 9, ``Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),'' 
of the Boeing 757 Maintenance Planning Data (MPD) Document, D622N001-9; 
or Boeing TR 09-011, dated November 2010, to Section 9, ``Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),'' 
of the Boeing 757 MPD Document, D622N001-9; to comply with the proposed 
requirements of that paragraph.
    We infer that the commenter would like the AD to reference the 
current revision of the service information. We agree to revise this AD 
to refer to the most recent revision. We have revised paragraph (k) of 
this AD (paragraph (l) of the NPRM (76 FR 19710, April 8, 2011), and 
also paragraphs (h), (l), (m), and (n) of this AD (paragraphs (h), (m), 
(n), and (o) of the NPRM, respectively) to reference Boeing TR 09-011, 
dated November 2010, to Section 9, ``Airworthiness Limitations (AWLs) 
and Certification Maintenance Requirements (CMRs),'' of the Boeing 757 
MPD Document, D622N001-9.

Request To Allow Use of Later Revisions to Certain Service Information

    UAL requested that additional revisions of service information be 
included in paragraphs (s) and (t) of the NPRM (76 FR 19710, April 8, 
2011). UAL noted in particular, the MPD revisions approved by the ACO 
after publication of AD 2008-10-11, Amendment 39-15517 (73 FR 25974, 
May 8, 2008). Since paragraphs (g), (h), and (i) of AD 2008-10-11 allow 
the use of a later revision of the MPD that is approved by the Seattle 
ACO without requesting an alternative method of compliance (AMOC), UAL 
believed that operators that used those later revisions after 
publication of AD 2008-10-11, without an AMOC, for the actions required 
by paragraphs (g), (h), and (i) of that AD would be in violation of the 
NPRM because they would not receive credit for using those revisions.
    We agree that for paragraph (h) of this AD (the restated actions of 
AD 2008-10-11, Amendment 39-15517 (73 FR 25974, May 8, 2008)), the 
following revisions of the MPD are acceptable. Section 9, 
``Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs),'' of the Boeing 757 MPD Document, D622N001-9, 
Revision December 2008; Boeing TR 09-010, dated July 2010, to Section 
9, ``Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs),'' of Boeing 757 MPD Document, D622N001-9; and 
Boeing TR 09-011, dated November 2010, to Section 9, ``Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),'' 
of the Boeing 757 MPD Document, D622N001-9; are the acceptable 
revisions that have been approved after June 12, 2008 (the effective 
date of AD 2008-10-11). No AMOC approval is needed to use any of those 
three documents. We have revised paragraph (h) of this AD accordingly, 
and also paragraphs (k), (l), (m), and (n) of this AD (paragraphs (l), 
(m), (n), and (o) of the NPRM (76 FR 19710, April 8, 2011)) to 
reference all three MPD revisions that are acceptable for compliance 
with the requirements of this AD.
    No change is necessary for paragraph (g) of this AD, because 
paragraph (k) of this AD (paragraph (l) of the NPRM (76 FR 19710, April 
8, 2011)) (which

[[Page 42966]]

terminates the requirements of paragraph (g) of this AD) has been 
revised to include those three MPD revisions.
    Also, no change is necessary to paragraph (i) of this AD, because 
that paragraph does not reference service information. The paragraph 
clarifies that after accomplishing paragraphs (g) and (h) of this AD 
(except as required by paragraphs (k) and (l) of this AD respectively), 
no alternative inspections, inspection intervals, or critical design 
configuration control limitations (CDCCLs) are acceptable unless 
approved in accordance with the procedures specified in paragraph (s) 
of this AD.
    Since we have included the MPD revision that was proposed as credit 
by paragraph (s) of the NPRM (76 FR 19710, April 8, 2011) as an MPD 
revision that is acceptable for compliance with this AD, we have 
deleted paragraph (s) of the NPRM (and re-identified paragraph (t) of 
the NPRM as paragraph (r)(2) of this AD) from this AD.
    We do not agree that any revision to paragraph (r)(2) of this AD 
(paragraph (t) of the NPRM (76 FR 19710, April 8, 2011)) is necessary. 
Paragraph (r)(2) of this AD gives credit for a certain revision of the 
MPD for paragraphs (m) and (n) of this AD (paragraphs (n) and (o) of 
the NPRM), which are not a part of the existing actions of AD 2008-10-
11, Amendment 39-15517 (73 FR 25974, May 8, 2008). We have not revised 
this AD in this regard.

Request To Revise Wording in Certain AWLs

    UAL requested that wording in certain AWLs that refer to ``later 
revisions'' of component maintenance manuals (CMMs) be removed. UAL 
noted that the FAA removed references to ``a later revision'' of 
Section 9 of the Boeing 757 MPD Document, D622N001-9 (referenced as 
Boeing TR 09-008, dated March 2008, to Section 9, ``Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),'' 
of the Boeing 757 MPD Document, D622N001-9, in AD 2008-10-11, Amendment 
39-15517 (73 FR 25974, May 8, 2008)), to be consistent with FAA policy 
and with Office of the Federal Register regulations for approving 
materials that are incorporated by reference. UAL stated that section 
51.1(f) of the Code of Federal Regulations (1 CFR 51.1(f)) prohibits 
the incorporation by reference of future amendments or revisions of 
publications, and because specific revisions of the Boeing 757 MPD 
Document, D622N001-9, are incorporated by reference into the Federal 
Register, UAL believed that the MPD should also omit language referring 
to future revisions of CMMs.
    We disagree with the request. Paragraphs (g)(3) and (k)(3) 
(paragraph (l)(3) of the NPRM (76 FR 19710, April 8, 2011)) of this AD 
do not require operators to comply with applicable AWLs, but instead, 
require operators to incorporate applicable AWLs into their maintenance 
program. Once those applicable AWLs are incorporated into the 
operators' maintenance programs, operators are in compliance with 
paragraphs (g)(3) and (k)(3) of this AD. Compliance with the condition 
defined in each AWL is required by section 91.403(c) of the Federal 
Aviation Regulations (14 CFR 91.403(c)) as stated in Note 1 of the NPRM 
(76 FR 19710, April 8, 2011). Because this AD does not mandate 
compliance with the AWLs, any documents specified in the AWLs are not 
incorporated by reference in the Federal Register, and therefore, 
section 51.1(f) of the Code of Federal Regulations (1 CFR 51.1(f)) does 
not apply. We have not changed this AD in this regard.

Request To Clarify Differences Between Paragraphs (l)(3), (i), and (p) 
of the NPRM (76 FR 19710, April 8, 2011)

    UAL requested further clarification in regards to paragraphs (i), 
(l)(3), and (p) of the NPRM (76 FR 19710, April 8, 2011). UAL noted 
that certain AWLs contain reference to later revisions of component 
maintenance manuals (CMMs). However, paragraphs (i) and (p) of the NPRM 
state that once certain AWLs are incorporated into the maintenance 
program, ``no alternative inspections, intervals, or CDCCLs may be used 
unless * * * approved as an AMOC * * *.'' Given this restriction, UAL 
believes that as long as certain AWLs specify ``later revisions'' of 
certain documents, it would not be possible to comply with paragraphs 
(i) and (p) of the NPRM. UAL also asked if every future revision of a 
CMM approved by the Seattle ACO would require separate AMOC approval to 
satisfy the requirements of paragraphs (i) and (p) of the NPRM.
    We agree to provide clarification. There is no conflict between the 
requirements of paragraph (k)(3) of this AD (paragraph (l)(3) of the 
NPRM (76 FR 19710, April 8, 2011)) and paragraphs (i) and (o) of this 
AD. Paragraphs (i) and (o) (paragraphs (i) and (p) of the NPRM) of this 
AD prohibit the use of an alternative inspection, inspection interval, 
or CDCCL unless it is approved as an AMOC. The intent of paragraphs (i) 
and (o) of this AD is to prohibit the use of an alternative AWL without 
AMOC approval, as each AWL defines an inspection, inspection interval, 
or CDCCL. If an operator desires to use an alternative AWL, such as an 
AWL defined in an MPD revision that is different from those specified 
in paragraphs (g)(3) and (k)(3) of this AD, that operator must obtain 
AMOC approval to use that alternative AWL, as required by paragraphs 
(i) and (o) of this AD. Once operators incorporate the AWLs required by 
this AD or alternative AWLs that have been approved as an AMOC into 
their maintenance program, they are in compliance with the requirements 
of paragraphs (g)(3) and (k)(3) of this AD, as applicable. After 
incorporation of the AWLs, operators are required to comply with each 
AWL by 14 CFR 91.403(c). Operators are in compliance with those AWLs as 
long as they use CMM revisions that have been approved by the Seattle 
ACO. Therefore, separate AMOC approval is not necessary to use CMM 
revisions that have been approved by the Seattle ACO. We have not 
changed this AD in this regard.

Request To Consolidate Paragraphs (i) and (p) of the NPRM (76 FR 19710, 
April 8, 2011)

    UAL requested that we consolidate paragraphs (i) and (p) of the 
NPRM (76 FR 19710, April 8, 2011) into a single paragraph. UAL stated 
that it found what it considers to be an overlap between paragraphs (i) 
and (p) of the NPRM. UAL suggested that consolidating the paragraphs 
would streamline the AD and reduce confusion for operators.
    We disagree. Paragraph (i) of this AD is a part of the restatement 
of the existing requirements of AD 2008-10-11, Amendment 39-15517 (73 
FR 25974, May 8, 2008), and is for the restated requirements of 
paragraphs (g) and (h) of this AD. Paragraph (o) of this AD (paragraph 
(p) of the NPRM (76 FR 19710, April 8, 2011)) is part of the new 
requirements of this superseding AD, and is intended to be effective 
once the revision required by paragraph (k) of this AD is done. We have 
not changed this AD in this regard. However, we have clarified 
paragraph (i) of this AD by noting that doing the actions required by 
paragraph (k) of this AD is an exception to the requirements of 
paragraph (i) of this AD.

Request To Consolidate the Credit Paragraphs

    UAL requested that we consolidate paragraphs (j), (s), and (t) of 
the NPRM (76 FR 19710, April 8, 2011) into a single paragraph. UAL 
requested this

[[Page 42967]]

action for the convenience of providing operators a single paragraph to 
reference. In an example that UAL provided, UAL suggested combining 
paragraphs (j) and (s) of the NPRM into one sub-paragraph with the same 
effective date of June 12, 2008, and paragraph (t) of the NPRM as the 
other sub-paragraph with an effective date of ``before the effective 
date of this AD.''
    We partially agree. Paragraph (s) of the NPRM (76 FR 19710, April 
8, 2011) has been deleted as previously discussed. Paragraphs (j) and 
(t) of the NPRM can be consolidated. We have removed paragraph (j) of 
the NPRM, re-identified subsequent paragraphs, and relocated the 
information from paragraph (j) of the NPRM to paragraph (r)(1) of this 
AD. The information in paragraph (t) of the NPRM is now in paragraph 
(r)(2) of this AD.

Request To Clarify or Revise the Effective Dates in Regards to a 
Certain Revision Level of the MPD Document

    UAL requested that we revise a sentence in paragraph (h) of the 
NPRM (76 FR 19710, April 8, 2011) that reads ``After the effective date 
of this AD, only * * * may be used'' to allow 6 months before requiring 
operators to use the current revision of the MPD when complying with 
the initial inspection requirements of paragraph (h) of the NPRM. UAL 
noted that paragraph (h) of the NPRM proposed to require use of Boeing 
TR 09-010, dated July 2010, to Section 9, ``Airworthiness Limitations 
(AWLs) and Certification Maintenance Requirements (CMRs),'' of Boeing 
757 MPD Document, D622N001-9, immediately after the effective date of 
the AD, while paragraph (l) of the NPRM would have allowed 6 months to 
incorporate the Boeing TR 09-010, dated July 2010, to Section 9, 
``Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs),'' of Boeing 757 MPD Document, D622N001-9, into the 
maintenance program. UAL is concerned about the effect that such a 
short compliance time could have on airplanes on which the operator 
started the initial inspection (using a previous revision of the MPD) 
before the effective date of the AD and completes the inspection after 
the effective date of the AD.
    We agree to revise paragraph (h) of this AD to allow 6 months after 
the effective date of this AD before operators are required to do 
initial inspections using Section 9, ``Airworthiness Limitations (AWLs) 
and Certification Maintenance Requirements (CMRs),'' of the Boeing 757 
MPD Document, D622N001-9, Revision December 2008; Boeing TR 09-010, 
dated July 2010, to Section 9, ``Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs),'' of Boeing 757 MPD 
Document, D622N001-9; or Boeing TR 09-011, dated November 2010, to 
Section 9, ``Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs),'' of the Boeing 757 MPD Document, 
D622N001-9. This change would make paragraphs (h) and (k) of this AD 
more consistent with each other.

Request To Confirm Existence of Paragraph (h)(2) of the NPRM (76 FR 
19710, April 8, 2011)

    UAL stated that it could not confirm the existence of paragraph 
(h)(2) of the NPRM (76 FR 19710, April 8, 2011).
    We agree to provide clarification. Paragraph (h)(1)(ii) of this AD 
(paragraph (h)(2) of the NPRM (76 FR 19710, April 8, 2011)), along with 
paragraphs (h)(1)(i) and (h)(1)(iii) of this AD (paragraphs (h)(1) and 
(h)(3) of the NPRM), are located within table 1 to paragraph (h)(1) of 
this AD. We have not changed this AD in this regard.

Request To Allow Use of Certain Hot Short Protectors (HSPs)

    UAL requested the addition of a paragraph to the NPRM (76 FR 19710, 
April 8, 2011) that would allow the use of an HSP that passed a 
functional test described in a manufacturer's CMM. UAL noted that 
paragraph (r) of the NPRM discusses AWL No. 28-AWL-22, which specifies 
that a new unit be used during replacement of the HSP. UAL stated that 
Goodrich's CMM stated that the HSP is not repairable, however, the 
inclusion of a functional test procedure seems to indicate that an HSP 
can be used if it passes the functional test.
    We disagree. AWL No. 28-AWL-22 as specified in the Boeing 757 MPD 
Document revisions required by paragraph (k)(3) of this AD (paragraph 
(l)(3) of the NPRM (76 FR 19710, April 8, 2011)) specifies the use of a 
new HSP. An operator's failure to comply with that AWL would be a 
violation of section 91.403(c) of the Federal Aviation Regulations (14 
CFR 91.403(c)). However, if an operator wants to incorporate an 
alternative AWL that allows for use of an HSP unit that passed a 
functional test, that operator may request an AMOC under the provisions 
of paragraph(s) of this AD. We have not changed this AD in this regard.

Request To Revise Instead of Supersede

    UAL asked why the FAA is proposing to supersede AD 2008-10-11, 
Amendment 39-15517 (73 FR 25974, May 8, 2008) instead of revising that 
AD. UAL listed 18 revised ADs that address the same subject for 
different model airplanes. UAL stated that superseding an AD drives 
many AMOC requests and could also set up ``compliance traps.''
    We disagree. This AD requires new actions in addition to those 
originally required by AD 2008-10-11, Amendment 39-15517 (73 FR 25974, 
May 8, 2008), while the other ADs that UAL listed do not require any 
additional action. When additional actions must be mandated, we 
supersede the existing AD instead of revising the AD. No change to this 
AD has been made in this regard.

Explanation of Other Changes Made to This AD

    We have re-designated Note 4 of the NPRM (76 FR 19710, April 8, 
2011) as paragraph (k)(4) of this AD. We have also reviewed Note 4 of 
the NPRM and determined that the reference to paragraph (k) of this AD 
may be removed. Paragraph (k)(4) of this AD is intended to clarify that 
this AD does not require rework of components that had been maintained 
using acceptable methods before the revisions of the maintenance 
program, as originally required by paragraph (g) of AD 2008-10-11, 
Amendment 39-15517 (73 FR 25974, May 8, 2008).
    We have redesignated Note 1 of the NPRM (76 FR 19710, April 8, 
2011) as paragraph (c)(2) of this AD, and paragraph (c) of the NPRM as 
paragraph (c)(1) of this AD.
    We have revised the paragraph structure of paragraph (h) of this 
AD. Paragraphs (h), (h)(1), (h)(2), and (h)(3) of the NPRM (76 FR 
19710, April 8, 2011) are reidentified as paragraphs (h)(1), (h)(1)(i), 
(h)(1)(ii), and (h)(1)(iii) of this AD, respectively. We have also 
revised the heading of table 1 of the NPRM for more orderly 
codification within the Code of Federal Regulations.
    We have redesignated Notes 2 and 3 of the NPRM (76 FR 19710, April 
8, 2011) as paragraphs (h)(2), and (h)(3) of this AD, respectively.
    We have revised certain headers throughout this AD.
    We have revised the wording in paragraphs (r)(1) and (r)(2) of this 
AD (paragraphs (j) and (t) of the NPRM (76 FR 19710, April 8, 2011); 
this change has not changed the intent of these paragraphs.
    We have corrected the definition of the term ``MPD document'' 
throughout this AD; this change does not affect the intent of any 
requirement in this AD.

[[Page 42968]]

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:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (76 FR 19710, April 8, 2011) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 19710, April 8, 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

    There are about 990 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                  Number of U.S.-
             Action                 Work hours     Average labor     Cost per       registered      Fleet cost
                                                   rate per hour     airplane        airplanes
----------------------------------------------------------------------------------------------------------------
AWLs revision (required by AD                  8             $85            $680             639        $434,520
 2008-10-11, Amendment 39-15517
 (73 FR 25974, May 8, 2008))....
Inspections (required by AD 2008-              8              85             680             639         434,520
 10-11).........................
AWLs revision (new required                    1              85              85             639          54,315
 action)........................
----------------------------------------------------------------------------------------------------------------

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 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) 
2008-10-11, Amendment 39-15517 (73 FR 25974, May 8, 2008), and adding 
the following new AD:

2012-12-15 The Boeing Company: Amendment 39-17095; Docket No. FAA-
2011-0304; Directorate Identifier 2011-NM-103-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective August 27, 2012.

(b) Affected ADs

    This AD supersedes AD 2008-10-11, Amendment 39-15517 (73 FR 
25974, May 8, 2008). Certain requirements of this AD terminate 
certain requirements of AD 2008-11-07, Amendment 39-15529 (73 FR 
30755, May 29, 2008); AD 2008-06-03, Amendment 39-15415 (73 FR 
13081, March 12, 2008); and AD 2009-06-20, Amendment 39-15857 (74 FR 
12236, March 24, 2009).

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 757-200, -
200PF, -200CB, and -300 series airplanes, certificated in any 
category.
    (2) This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections) and/or critical 
design configuration control limitations (CDCCLs). Compliance with 
these actions and/or CDCCLs is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired 
in the areas addressed by these inspections, the operator may not be 
able to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval of an alternative method of compliance (AMOC) 
according to paragraph(s) of this AD. The request should include a 
description of changes to the required actions that will ensure the 
continued operational safety of the airplane.

(d) Subject

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

(e) Unsafe Condition

    This AD results from a design review of the fuel tank systems. 
The Federal Aviation Administration is issuing this AD to prevent 
the potential for ignition sources inside fuel tanks caused by 
latent failures, alterations, repairs, or maintenance actions, 
which, in combination with flammable fuel vapors, could result in a 
fuel tank explosion and consequent loss of the airplane.

(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 Revision of Airworthiness Limitations (AWLs) Section

    This paragraph restates the requirements of paragraph (g) of AD 
2008-10-11, Amendment 39-15517 (73 FR 25974, May 8, 2008). Before 
December 16, 2008, revise the

[[Page 42969]]

AWLs section of the Instructions for Continued Airworthiness (ICA) 
by incorporating the information in the subsections specified in 
paragraphs (g)(1) through (g)(3) of this AD into the maintenance 
planning data (MPD) document; except that the initial inspections 
specified in table 1 to paragraph (h)(1) of this AD must be done at 
the compliance times specified in table 1 to paragraph (h)(1) of 
this AD. Accomplishing the requirements of paragraph (k) of this AD 
terminates the requirements of this paragraph.
    (1) Subsection E, ``AIRWORTHINESS LIMITATIONS--FUEL SYSTEMS,'' 
of Boeing Temporary Revision (TR) 09-008, dated March 2008, to 
Section 9, ``Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs),'' of the Boeing 757 MPD Document, 
D622N001-9.
    (2) Subsection F, ``PAGE FORMAT: SYSTEMS AIRWORTHINESS 
LIMITATIONS,'' of Boeing TR 09-008, dated March 2008, to Section 9, 
``Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs),'' of the Boeing 757 MPD Document, D622N001-9.
    (3) Subsection G, ``AIRWORTHINESS LIMITATIONS--FUEL SYSTEM 
AWLs,'' AWLs No. 28-AWL-01 through No. 28-AWL-24 inclusive, of 
Boeing TR 09-008, dated March 2008, to Section 9, ``Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements 
(CMRs),'' of the Boeing 757 MPD Document, D622N001-9. As an optional 
action, AWLs No. 28-AWL-25 and No. 28-AWL-26, as identified in 
Subsection G of Boeing TR 09-008, dated March 2008, to Section 9, 
``Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs),'' of the Boeing 757 MPD Document, D622N001-9, 
also may be incorporated into the AWLs section of the ICA.

(h) Retained Initial Inspections and Repair, With Revised Service 
Information

    (1) This paragraph restates the requirements of paragraph (h) of 
AD 2008-10-11, Amendment 39-15517 (73 FR 25974, May 8, 2008). Do the 
inspections specified in table 1 to paragraph (h)(1) of this AD at 
the compliance time identified in table 1 to paragraph (h)(1) of 
this AD, and repair any discrepancy, in accordance with Subsection G 
of Boeing TR 09-008, dated March 2008, to Section 9, ``Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements 
(CMRs),'' of the Boeing 757 MPD Document, D622N001-9; Section 9, 
``Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs),'' of the Boeing 757 MPD Document, D622N001-9, 
Revision December 2008; Boeing TR 09-010, dated July 2010, to 
Section 9, ``Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs),'' of Boeing 757 MPD Document, 
D622N001-9; or Boeing TR 09-011, dated November 2010, to Section 9, 
``Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs),'' of the Boeing 757 MPD Document, D622N001-9; 
except as required by paragraph (n) of this AD. The repair must be 
done before further flight. Accomplishing the inspections identified 
in table 1 to paragraph (h)(1) of this AD as part of a maintenance 
program before the applicable compliance time specified in table 1 
paragraph (h)(1) of this AD constitutes compliance with the 
requirements of this paragraph. As of 6 months after the effective 
date of this AD, only Section 9, ``Airworthiness Limitations (AWLs) 
and Certification Maintenance Requirements (CMRs),'' of the Boeing 
757 MPD Document, D622N001-9, Revision December 2008; Boeing TR 09-
010, dated July 2010, to Section 9, ``Airworthiness Limitations 
(AWLs) and Certification Maintenance Requirements (CMRs),'' of 
Boeing 757 MPD Document, D622N001-9; or Boeing TR 09-011, dated 
November 2010, to Section 9, ``Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs),'' of the Boeing 757 
MPD Document, D622N001-9; may be used.

       Table 1 to Paragraph (h)(1) of This AD--Initial Inspections
------------------------------------------------------------------------
                                           Compliance time (whichever
                                                  occurs later)
       AWL No.           Description   ---------------------------------
                                           Threshold       Grace period
------------------------------------------------------------------------
(i) 28-AWL-01........  A detailed       Within 120       Within 72
                        inspection of    months since     months after
                        external wires   the date of      June 12, 2008
                        over the         issuance of      (the effective
                        center fuel      the original     date of AD
                        tank for         standard         2008-10-11,
                        damaged          airworthiness    Amendment
                        clamps, wire     certificate or   39[dash]15517
                        chafing, and     the date of      (73 FR 25974,
                        wire bundles     issuance of      May 8, 2008)).
                        in contact       the original
                        with the         export
                        surface of the   certificate of
                        center fuel      airworthiness.
                        tank.
(ii) 28-AWL-03.......  A special        Within 120       Within 24
                        detailed         months since     months after
                        inspection of    the date of      June 12, 2008.
                        the lightning    issuance of
                        shield to        the original
                        ground           standard
                        termination on   airworthiness
                        the out-of-      certificate or
                        tank fuel        the date of
                        quantity         issuance of
                        indicating       the original
                        system to        export
                        verify           certificate of
                        functional       airworthiness.
                        integrity.
(iii) 28-AWL-14......  A special        Within 120       Within 60
                        detailed         months since     months after
                        inspection of    the date of      June 12, 2008.
                        the fault        issuance of
                        current bond     the original
                        of the fueling   standard
                        shutoff valve    airworthiness
                        actuator of      certificate or
                        the center       the date of
                        wing tank to     issuance of
                        verify           the original
                        electrical       export
                        bond.            certificate of
                                         airworthiness.
------------------------------------------------------------------------

    (2) For the purposes of this AD, a detailed inspection is: ``An 
intensive examination of a specific item, installation, or assembly 
to detect damage, failure, or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at an 
intensity deemed appropriate. Inspection aids such as mirror, 
magnifying lenses, etc., may be necessary. Surface cleaning and 
elaborate procedures may be required.''
    (3) For the purposes of this AD, a special detailed inspection 
is: ``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. The examination 
is likely to make extensive use of specialized inspection techniques 
and/or equipment. Intricate cleaning and substantial access or 
disassembly procedure may be required.''

(i) No Alternative Inspections, Inspection Intervals, or CDCCLs for 
Paragraphs (g) and (h) of This AD

    Except as required by paragraph (k) of this AD, after 
accomplishing the actions specified in paragraphs (g) and (h) of 
this AD, no alternative inspections, inspection intervals, or CDCCLs 
may be used unless the inspections, intervals, or CDCCLs are 
approved as an AMOC in accordance with the procedures specified in 
paragraph (s) of this AD.

(j) Terminating Action for AD 2008-06-03, Amendment 39-15415 (73 FR 
13081, March 12, 2008)

    Incorporating AWLs No. 28-AWL-23, No. 28-AWL-24, and No. 28-AWL-
25 into the AWLs section of the ICA in accordance with paragraph 
(g)(3) of this AD or the maintenance program in accordance with 
paragraph (k)(3) of this AD terminates the action required by 
paragraph (h)(2) of AD 2008-06-03, Amendment 39-15415 (73 FR 13081, 
March 12, 2008).

(k) New Revision of Airworthiness Limitations (AWLs) Section

    Within 6 months after the effective date of this AD, revise the 
maintenance program by incorporating the information in the

[[Page 42970]]

subsections specified in paragraphs (k)(1) through (k)(3) of this 
AD. Accomplishing the actions required by this paragraph terminates 
the requirements of paragraph (g) of this AD.
    (1) Subsection E, ``AIRWORTHINESS LIMITATIONS--FUEL SYSTEMS,'' 
of Section 9, ``Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs),'' of the Boeing 757 MPD Document, 
D622N001-9, Revision December 2008; Boeing TR 09-010, dated July 
2010, to Section 9, ``Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs),'' of Boeing 757 MPD 
Document, D622N001-9; or Boeing TR 09-011, dated November 2010, to 
Section 9, ``Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs),'' of the Boeing 757 MPD Document, 
D622N001-9.
    (2) Subsection F, ``PAGE FORMAT: FUEL SYSTEMS AIRWORTHINESS 
LIMITATIONS,'' of Section 9, ``Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs),'' of the Boeing 757 
MPD Document, D622N001-9, Revision December 2008; Boeing TR 09-010, 
dated July 2010, to Section 9, ``Airworthiness Limitations (AWLs) 
and Certification Maintenance Requirements (CMRs),'' of Boeing 757 
MPD Document, D622N001-9; or Boeing TR 09-011, dated November 2010, 
to Section 9, ``Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs),'' of the Boeing 757 MPD Document, 
D622N001-9.
    (3) Subsection G, ``AIRWORTHINESS LIMITATIONS--FUEL SYSTEM 
AWLs,'' AWLs No. 28-AWL-01 through No. 28-AWL-26 inclusive, of 
Section 9, ``Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs),'' of the Boeing 757 MPD Document, 
D622N001-9, Revision December 2008; Boeing TR 09-010, dated July 
2010, to Section 9, ``Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs),'' of Boeing 757 MPD 
Document, D622N001-9; or Boeing TR 09-011, dated November 2010, to 
Section 9, ``Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs),'' of the Boeing 757 MPD Document, 
D622N001-9.
    (4) Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the 
maintenance program, as required by paragraph (g) of this AD, do not 
need to be reworked in accordance with the CDCCLs. However, once the 
maintenance program has been revised, future maintenance actions on 
these components must be done in accordance with the CDCCLs.

(l) Compliance Time for AWL No. 28-AWL-03

    The initial compliance time for AWL No. 28-AWL-03 of Section 9, 
``Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs),'' of the Boeing 757 MPD Document, D622N001-9, 
Revision December 2008; Boeing TR 09-010, dated July 2010, to 
Section 9, ``Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs),'' of Boeing 757 MPD Document, 
D622N001-9; or Boeing TR 09-011, dated November 2010, to Section 9, 
``Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs),'' of the Boeing 757 MPD Document, D622N001-9; 
is within 120 months since the date of issuance of the original 
standard airworthiness certificate or the date of issuance of the 
original export certificate of airworthiness, or within 24 months 
after the effective date of this AD, whichever occurs later. 
Accomplishing the actions required by this paragraph terminates the 
requirements of paragraph (h)(2) of this AD.

(m) Initial Inspection Compliance Times for AWL No. 28-AWL-25

    The initial inspection compliance time for AWL No. 28-AWL-25 of 
Section 9, ``Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs),'' of the Boeing 757 MPD Document, 
D622N001-9, Revision December 2008; Boeing TR 09-010, dated July 
2010, to Section 9, ``Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs),'' of Boeing 757 MPD 
Document, D622N001-9; or Boeing TR 09-011, dated November 2010, to 
Section 9, ``Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs),'' of the Boeing 757 MPD Document, 
D622N001-9; is within 72 months after accomplishing Boeing Service 
Bulletin 757-28A0088.

(n) Initial Inspection Compliance Times for AWL No. 28-AWL-26

    The initial inspection compliance time for AWL No. 28-AWL-26 of 
Section 9, ``Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs),'' of the Boeing 757 MPD Document, 
D622N001-9, Revision December 2008; Boeing TR 09-010, dated July 
2010, to Section 9, ``Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs),'' of Boeing 757 MPD 
Document, D622N001-9; or Boeing TR 09-011, dated November 2010, to 
Section 9, ``Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs),'' of the Boeing 757 MPD Document, 
D622N001-9; is within 12 months after accomplishing Boeing Service 
Bulletin 757-28A0105.

(o) No Alternative Inspections, Inspection Intervals, or CDCCLs After 
the Actions Required by Paragraph (k) of This AD Are Done

    After accomplishing the actions specified in paragraph (k) of 
this AD, no alternative inspections, inspection intervals, or CDCCLs 
may be used unless the inspections, intervals, or CDCCLs are 
approved as an AMOC in accordance with the procedures specified in 
paragraph (s) of this AD.

(p) Terminating Action for AD 2008-11-07, Amendment 39-15529 (73 FR 
30755, May 29, 2008)

    Incorporating AWLs No. 28-AWL-20 and No. 28-AWL-26 into the 
maintenance program in accordance with paragraph (k)(3) of this AD 
terminates the actions required by paragraphs (j) and (m) of AD 
2008-11-07, Amendment 39-15529 (73 FR 30755, May 29, 2008).

(q) Terminating Action for AD 2009-06-20, Amendment 39-15857 (74 FR 
12236, March 24, 2009)

    Incorporating AWL No. 28-AWL-22 into the maintenance program in 
accordance with paragraph (k)(3) of this AD terminates the actions 
required by paragraph (h) of AD 2009-06-20, Amendment 39-15857 (74 
FR 12236, March 24, 2009).

(r) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraphs (g) and (h) of this AD, if those actions were done before 
June 12, 2008 (the effective date of AD 2008-10-11, Amendment 39-
15517 (73 FR 25974, May 8, 2008), using Section 9, ``Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements 
(CMRs),'' of the Boeing 757 MPD Document, D622N001-9, Revision March 
2006; Revision October 2006; Revision January 2007; or Revision 
November 2007.
    (2) This paragraph provides credit for actions required by 
paragraphs (m) and (n) of this AD, if those actions were done before 
the effective date of this AD, using Boeing TR 09-008, dated March 
2008, to Section 9, ``Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs),'' of the Boeing 757 
MPD Document, D622N001-9.

(s) 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: <a href="/cdn-cgi/l/email-protection#7b42563a353656281e1a0f0f171e563a3834563a36343856291e0a0e1e080f083b1d1a1a551c140d"><span class="__cf_email__" data-cfemail="d7eefa96999afa84b2b6a3a3bbb2fa969498fa969a9894fa85b2a6a2b2a4a3a497b1b6b6f9b0b8a1">[email&#160;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) AMOCs approved previously for AD 2008-10-11, Amendment 39-
15517 (73 FR 25974, May 8, 2008), are approved as AMOCs for the 
corresponding provisions of this AD.

(t) Related Information

    For more information about this AD, contact Tak Kobayashi, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle ACO, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-
6499; fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#a5d1c4cec4cdccd6c48bcecac7c4dcc4d6cdcce5c3c4c48bc2cad3"><span class="__cf_email__" data-cfemail="deaabfb5bfb6b7adbff0b5b1bcbfa7bfadb6b79eb8bfbff0b9b1a8">[email&#160;protected]</span></a>.

(u) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the following service 
information

[[Page 42971]]

under 5 U.S.C. 552(a) and 1 CFR part 51 on the date specified.
    (2) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
August 27, 2012.
    (i) Section 9, ``Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs),'' of the Boeing 757 
Maintenance Planning Data (MPD) Document, D622N001-9, Revision 
December 2008.
    (ii) Boeing Temporary Revision (TR) 09-010, dated July 2010, to 
Section 9, ``Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs),'' of Boeing 757 MPD Document, 
D622N001-9. Boeing TR 09-010 is published as Section 9 of the Boeing 
757 MPD Document, D622N001-9, Revision July 2010.
    (iii) Boeing TR 09-011, dated November 2010, to Section 9, 
``Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs),'' of the Boeing 757 MPD Document, D622N001-9. 
Boeing TR 09-011 is published as Section 9 of the Boeing 757 MPD 
Document, D622N001-9, Revision November 2010.
    (4) The following service information was approved for IBR on 
June 12, 2008 (73 FR 25974, May 8, 2008).
    (i) Boeing TR 09-008, dated March 2008, to Section 9, 
``Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs),'' of the Boeing 757 MPD Document, D622N001-9. 
Boeing TR 09-008 is published as Section 9 of the Boeing 757 
Maintenance Planning Data (MPD) Document, D622N001-9, Revision March 
2008. The Boeing 757 MPD Document, D622N001-9, Revision March 2008, 
was incorrectly referred to in AD 2008-10-11, Amendment 39-15517 (73 
FR 25974, May 8, 2008), as the ``Boeing 757 Maintenance Planning 
Document (MPD) Document, D622N001-9, Revision March 2008.
    (ii) Reserved.
    (5) 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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (6) You may review copies of the 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.
    (7) 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 <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on June 6, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-17558 Filed 7-20-12; 8:45 am]
BILLING CODE 4910-13-P