AD 2014-20-02

[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Rules and Regulations]
[Pages 59102-59104]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2014-22979]



[[Page 59102]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0672; Directorate Identifier 2013-NM-058-AD; 
Amendment 39-17975; AD 2014-20-02]
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 airplanes. 
This AD was prompted by reports indicating that a standard access door 
was located where an impact-resistant access door was required, and 
stencils were missing from some impact-resistant access doors. This AD 
requires an inspection of the wing fuel tank access doors to determine 
whether impact-resistant access doors are installed in the correct 
locations, and to replace incorrectly installed doors with impact-
resistant access doors. This AD also requires an inspection for 
stencils and index markers on impact-resistant access doors, and 
application of new stencils or index markers if necessary. In addition, 
this AD requires revising the maintenance program to incorporate 
changes to the airworthiness limitations section. We are issuing this 
AD to correct the unsafe condition on these products.

DATES: This AD is effective November 5, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 5, 
2014.

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; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may view this 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2013-
0672; 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 Docket Management Facility, U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Suzanne Lucier, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6438; fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#95e6e0eff4fbfbf0bbf9e0f6fcf0e7d5f3f4f4bbf2fae3"><span class="__cf_email__" data-cfemail="b6c5c3ccd7d8d8d398dac3d5dfd3c4f6d0d7d798d1d9c0">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 by adding an AD that would apply to certain The 
Boeing Company Model 767-200, -300, -300F, and -400ER airplanes. The 
SNPRM published in the Federal Register on July 2, 2014 (79 FR 37681). 
We preceded the SNPRM with a notice of proposed rulemaking (NPRM) that 
published in the Federal Register on August 12, 2013 (78 FR 48826). The 
NPRM proposed to require an inspection of the left-and right-hand wing 
fuel tank access doors to determine whether impact-resistant access 
doors are installed in the correct locations, and to replace 
incorrectly installed doors with impact-resistant access doors. The 
NPRM also proposed to require an inspection for stencils and index 
markers on impact-resistant access doors, and application of new 
stencils or index markers if necessary. In addition, the NPRM proposed 
to require revising the maintenance program to incorporate changes to 
the airworthiness limitations section. The NPRM was prompted by reports 
indicating that a standard access door was located where an impact-
resistant access door was required, and stencils were missing from some 
impact-resistant access doors. The SNPRM proposed to revise the NPRM by 
adding airplanes to the applicability. We are issuing this AD to 
prevent foreign object penetration of the fuel tank from uncontained 
engine failure or tire debris, which could cause a fuel leak near an 
ignition source (e.g., hot brakes or engine exhaust nozzle), 
consequently leading to a fuel-fed fire.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comments received. Boeing and FedEx 
Express supported the SNPRM (79 FR 37681, July 2, 2014).

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD as proposed, except for minor editorial changes. We have 
determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
SNPRM (79 FR 37681, July 2, 2014) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the SNPRM (79 FR 37681, July 2, 2014).

Costs of Compliance

    We estimate that this AD affects 436 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
----------------------------------------------------------------------------------------------------------------
Inspection............................  Up to 7 work-hours x $85              $0            $595        $259,420
                                         per hour = $595.
Maintenance program revision..........  1 work-hour x $85 per                  0              85          37,060
                                         hour = $85.
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    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the inspection. We have 
no way of determining the number of aircraft that might need these 
replacements:

[[Page 59103]]



                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement per door..........................  3 work-hours x $85 per hour =             $8,000          $8,255
                                                 $255.
Stencil and index marker......................  9 work-hours x $85 per hour =                  0             765
                                                 $765.
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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:

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):

2014-20-02 The Boeing Company: Amendment 39-17975; Docket No. FAA-
2013-0672; Directorate Identifier 2013-NM-058-AD.

(a) Effective Date

    This AD is effective November 5, 2014.

(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 Service Bulletin 767-28-0105, Revision 1, dated 
February 6, 2013.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports indicating that a standard 
access door was located where an impact-resistant access door was 
required, and stencils were missing from some impact-resistant 
access doors. We are issuing this AD to prevent foreign object 
penetration of the fuel tank from uncontained engine failure or tire 
debris, which could cause a fuel leak near an ignition source (e.g., 
hot brakes or engine nozzle), consequently leading to a fuel-fed 
fire.

(f) Compliance

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

(g) Inspections

    Within 72 months after the effective date of this AD, do the 
actions specified in paragraphs (g)(1) and (g)(2) of this AD, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 767-28-0105, Revision 1, dated February 6, 2013.
    (1) Do either a general visual inspection or ultrasonic non-
destructive test of the left- and right-hand wing fuel tank access 
doors to determine whether impact-resistant access doors are 
installed in the correct locations. If any standard access door is 
found, before further flight, replace with an impact-resistant 
access door.
    (2) Do a general visual inspection of the left- and right-hand 
wing fuel tank impact-resistant access doors to verify stencils and 
index markers are applied. If a stencil or index marker is missing, 
before further flight, apply a stencil or index marker, as 
applicable.

(h) Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate 
critical design configuration control limitation (CDCCL) Task 57-
AWL-01, ``Impact-Resistant Fuel Tank Access Door,'' of Section 9, 
Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs) of Boeing 767 Maintenance Planning Data Document 
D622T001-9, Revision January 2013.
    (i) No Alternative Actions, Intervals, and/or CDCCLs
    After accomplishing the revision required by paragraph (h) of 
this AD, no alternative actions (e.g., inspections), intervals, and/
or CDCCLs may be used unless the actions, intervals, and/or CDCCLs 
are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in paragraph (k) of this 
AD.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Service Bulletin 767-28-0105, 
dated January 12, 2012, which is not incorporated by reference in 
this AD.

(k) 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 paragraph (l)(1) of this AD. 
Information may

[[Page 59104]]

be emailed to: <a href="/cdn-cgi/l/email-protection#fdc4d0bcb3b0d0ae989c89899198d0bcbeb2d0bcb0b2bed0af988c88988e898ebd9b9c9cd39a928b"><span class="__cf_email__" data-cfemail="5b62761a151676083e3a2f2f373e761a1814761a16141876093e2a2e3e282f281b3d3a3a753c342d">[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) 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.
    (4) AMOCs for ADs 2008-11-01 R1, Amendment 39-16145 (74 FR 
68515, December 28, 2009); 2010-06-10, Amendment 39-16234 (75 FR 
15322, March 29, 2010); or 2011-25-05, Amendment 39-16881 (77 FR 
2442, January 18, 2012); that meet the conditions specified in 
paragraphs (k)(4)(i) and (k)(4)(ii) of this AD are approved as AMOCs 
for the corresponding provisions of paragraph (h) of this AD.
    (i) AMOCs that are approved after November 2, 2012.
    (ii) AMOCS that include incorporation of CDCCL Task 57-AWL-01, 
``Impact-Resistant Fuel Tank Access Door.''

(l) Related Information

    (1) For more information about this AD, contact Suzanne Lucier, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 
98057-3356; phone: 425-917-6438; fax: 425-917-6590; email: 
<a href="/cdn-cgi/l/email-protection#0576707f646b6b602b6970666c6077456364642b626a73"><span class="__cf_email__" data-cfemail="1566606f747b7b703b7960767c7067557374743b727a63">[email&#160;protected]</span></a>.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Service Bulletin 767-28-0105, Revision 1, dated 
February 6, 2013.
    (ii) Task 57-AWL-01, ``Impact-Resistant Fuel Tank Access Door,'' 
of Section 9, Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs) of Boeing 767 Maintenance Planning 
Data Document D622T001-9, Revision January 2013.
    (3) For Boeing 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; 
telephone 206-544-5000, extension 1; fax 206-766-5680; Internet 
<a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (4) You may view this 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 view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on September 19, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-22979 Filed 9-30-14; 8:45 am]
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