AD 2013-13-08

We are superseding an existing airworthiness directive (AD) for certain The Boeing Company Model 767 airplanes. That AD currently requires sealing certain fasteners and stiffeners in the fuel tank, changing certain wire bundle clamp configurations on the fuel tank walls, inspecting certain fasteners in the fuel tanks and determining the method of attachment of the vortex generators; and performing corrective actions if necessary. This new AD adds a general visual inspection for the presence of a polytetrafluoroethylene \n\n((Page 42412)) \n\n(TFE) sleeve at the clamp location on the rear spar, and installation of a TFE sleeve if necessary. This new AD also adds airplanes to the applicability. This AD was prompted by fuel system reviews conducted by the manufacturer, and the identification of another possible ignition source location. We are issuing this AD to prevent possible ignition sources in the auxiliary (center) fuel tank, main fuel tanks, and surge tanks caused by a wiring short or lightning strike, which could result in fuel tank explosions and consequent loss of the airplane.

Final rule.

Adoption of the Amendment \n\n\n\tAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n0 1. The authority citation for part 39 continues to read as follows: \n\n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\n\n\nSec. 39.13 (Amended) \n\n0 2. The FAA amends Sec. 39.13 by removing airworthiness directive (AD) 2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009), and adding the following new AD: \n\n2013-13-08 The Boeing Company: Amendment 39-17496; Docket No. FAA- 2012-0864; Directorate Identifier 2011-NM-023-AD. \n\n(a) Effective Date \n\n\n\tThis airworthiness directive (AD) is effective August 20, 2013. \n\n(b) Affected ADs \n\n\n\tThis AD supersedes AD 2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009). \n\n(c) Applicability \n\n\n\t(1) 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 767-57A0100, Revision 3, dated July 28, 2011; and Boeing Service Bulletin 767-57A0102, Revision 4, dated September 20, 2011. \n\t(2) Installation of Supplemental Type Certificate (STC) ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/59027F43B9A7486E86257B1D006591EE?OpenDocument&Highlight=st01920se) does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01920SE is installed, a ''change in product'' alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17. \n\n(d) Subject \n\n\n\tJoint Aircraft System Component (JASC)/Air Transport Association (ATA) of America Code 57, Wings. \n\n(e) Unsafe Condition \n\n\n\tThis AD was prompted by fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent possible ignition sources in the auxiliary (center) fuel tank, main fuel tanks, and surge tanks caused by a wiring short or lightning strike, which could result in fuel tank explosions and consequent loss of the airplane. \n\n(f) Compliance \n\n\n\tComply with this AD within the compliance times specified, unless already done. \n\n(g) Retained Fastener Sealant Application \n\n\n\tThis paragraph restates the requirements of paragraph (f) of AD 2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009), with revised service information. For airplanes identified in Boeing Service Bulletin 767-57A0100, Revision 01, dated June 19, 2008: Within 60 months after October 1, 2009 (the effective date of AD 2009-18-02), do the actions in paragraph (g)(1) or (g)(2) of this AD, as applicable, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 767-57A0100, Revision 01, dated June 19, 2008; or Boeing Service Bulletin 767-57A0100, Revision 3, dated July 28, 2011. As of the effective date of this AD, only Boeing Service Bulletin 767-57A0100, Revision 3, dated July 28, 2011, may be used to accomplish the requirements of this paragraph. \n\t(1) For Groups 1 and 2 airplanes: Seal the ends of the fasteners on the brackets that hold the vortex generators, and seal the ends of the fasteners on certain stiffeners on the rear spar, as applicable. \n\t(2) For Group 3 airplanes: Do a detailed inspection to determine the method of attachment of the vortex generators and, before further flight, do all applicable specified corrective actions. \n\n(h) Retained Wire Bundle Sleeve and Clamp Installation and Fastener Sealant Application \n\n\n\tThis paragraph restates the requirements of paragraph (g) of AD 2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009), with revised service information. For airplanes identified in Boeing Service Bulletin 767-57A0102, Revision 01, dated November 27, 2007: Within 60 months after October 1, 2009 (the effective date of AD 2009-18-02), do the actions specified in paragraphs (h)(1), (h)(2), and (h)(3) of this AD, as applicable, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 767-57A0102, Revision 01, dated November 27, 2007; or Boeing Service Bulletin 767-57A0102, Revision 4, dated September 20, 2011. As of the effective date of this AD, only Boeing Service Bulletin 767-57A0102, Revision 4, dated September 20, 2011, may be used to accomplish the actions required by this paragraph. \n\t(1) Change the wire bundle clamp configurations at specified locations on the fuel tank walls. \n\t(2) Seal the fasteners and certain stiffeners at specified locations in the fuel tank. \n\t(3) Do a detailed inspection of the sealant of the fasteners in the auxiliary tank center bay and rib 28 of the left and right main fuel tanks. Seal any unsealed fasteners before further flight. \n\n(i) Definition \n\n\n\tThis paragraph restates the information specified in Note 1 of AD 2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009). 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. \n\n(j) Compliance Time for New Wire Bundle Sleeve and Clamp Installation and Fastener Sealant Application for Newly Added Airplanes \n\n\n\tFor airplanes identified in Boeing Service Bulletin 767-57A0102, Revision 4, dated September 20, 2011, but not identified in paragraph (h) of this AD: Do the actions required by paragraph (h) of this AD within 60 months after the effective date of this AD. \n\n(k) New Inspection and Sleeve Installation \n\n\n\tFor airplanes identified as Groups 1 and 2 in Boeing Service Bulletin 767-57A0102, Revision 4, dated September 20, 2011: Within 60 months after the effective date of this AD, do a general visual inspection of the clamp location on the rear spar to determine whether a polytetrafluoroethylene (TFE) sleeve is installed between the clamp and the plastic convoluted tube, in accordance with Work Package 13 of the Accomplishment Instructions of Boeing Service Bulletin 767-57A0102, Revision 4, dated September 20, 2011. \n\t(1) If a TFE sleeve is not installed between the clamp and the plastic convoluted tubing, before further flight, install a TFE sleeve, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 767-57A0102, Revision 4, dated September 20, 2011. \n\t(2) If a TFE sleeve is installed between the clamp and the plastic convoluted tubing, no more work is required by this paragraph. \n\n(l) Credit for Previous Actions \n\n\n\t(1) 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 767-57A0100, dated August 21, 2006, which is not incorporated by reference in this AD; Revision 1, dated June 19, 2008; or Revision 2, dated May 20, 2010, which is not incorporated by reference in this AD. \n\t(2) This paragraph provides credit for the actions required by paragraph (h) of this AD, if those actions were performed before the effective date of this AD using Boeing Service Bulletin 767-57A0102, Revision 1, dated November 27, 2007; Revision 2, dated January 7, 2010, which is not incorporated by \n\n((Page 42415)) \n\nreference in this AD; or Revision 3, dated December 2, 2010, which is not incorporated by reference in this AD. \n\n(m) Alternative Methods of Compliance (AMOCs) \n\n\n\t(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov. \n\t(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. \n\t(3) AMOCs approved previously in accordance with AD 2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009), are approved as AMOCs for the corresponding provisions of this AD. \n\n(n) Related Information \n\n\n\t(1) For more information about this AD, contact Rebel Nichols, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6509; fax: 425-917-6590; email: rebel.nichols@faa.gov. \n\t(2) Service information identified in this AD that is not incorporated by reference may beobtained at the address specified in paragraph (o)(5) of this AD. 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 https://www.myboeingfleet.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. \n\n(o) Material Incorporated by Reference \n\n\n\t(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. \n\t(2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. \n\t(3) The following service information was approved for IBR on August 20, 2013. \n\t(i) Boeing Service Bulletin 767-57A0100, Revision 3, dated July 28, 2011. \n\t(ii) Boeing Service Bulletin 767-57A0102, Revision 4, dated September 20, 2011. \n\t(4) The following service information was approved for IBR on October 1, 2009, (74 FR 43621, August 27, 2009). \n\t(i) Boeing Service Bulletin 767-57A0100, Revision 01, dated June 19, 2008. \n\t(ii) Boeing Service Bulletin 767-57A0102, Revision 01, dated November 27, 2007. \n\t(5) 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 https://www.myboeingfleet.com. \n\t(6) You may view this service information at FAA, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. \n\t(7) You may view this service information that is incorporated by reference at the National Archives and RecordsAdministration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

Discussion \n\n\n\tWe issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009). AD 2009-18-02 applied to the specified products. The NPRM published in the Federal Register on September 6, 2012 (77 FR 54850). The NPRM proposed to continue to require sealing certain fasteners and stiffeners in the fuel tank, changing certain wire bundle clamp configurations on the fuel tank walls, inspecting certain fasteners in the fuel tanks and determining the method of attachment of the vortex generators; and performing corrective action if necessary. The NPRM also proposed to require a general visual inspection for the presence of a polytetrafluoroethylene (TFE) sleeve at the clamp location on the rear spar, and installation of a TFE sleeve if necessary. The NPRM also proposed to add airplanes to the applicability. \n\nComments \n\n\n\tWe gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal (77 FR 54850, September 6, 2012) and the FAA's response to each comment. \n\tUnited Airlines stated that it has no comment for the NPRM (77 FR 54850, September 6, 2012). \n\nRequest to Change Acronym \n\n\n\tBoeing requested that we change the NPRM (77 FR 54850, September 6, 2012) to correct an acronym from ''TFE'' to ''PTFE.'' Boeing stated that the proper acronym for polytetrafluoroethylene is ''PTFE.'' \n\tWe disagree with changing the acronym in this AD. The service information required by this AD refers to polytetrafluoroethylene as ''TFE'' throughout; therefore, to reduce the potential for confusion, we have not changed the acronym ''TFE'' in this AD. \n\nRequest for Credit \n\n\n\tAir New Zealand requested that we allow credit for prior incorporation of Boeing Service Bulletin 767-57A0102, Revision 3, dated December 2, 2010, for the requirements of paragraph (j) of the NPRM (77 FR 54850, September 6, 2012). \n\tWe agree with the request, but provide the following clarification. Paragraph (j) of this AD specifies the compliance time for certain airplanes to accomplish the actions of paragraph (h) of this AD. We have changed the heading for paragraph (j) of this AD to focus on the compliance time. Paragraph (h) of this AD specifies to do the actions in accordance with Boeing Service Bulletins 767-57A0102, Revision 01, dated November 27, 2007; or Revision 4, dated September 20, 2011. Since paragraph (l)(2) of this AD gives credit for Boeing Service Bulletin 767-57A0102, Revision 3, dated December 2, 2010, for accomplishing the actions in paragraph (h) of this AD, we have not changed the AD in this regard. \n\nSTC Winglet Comment \n\n\n\tAviation Partners Boeing and Air New Zealand stated that the installation of winglets per STC ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/59027F43B9A7486E86257B1D006591EE?OpenDocument&Highlight=st01920se) does not affect the accomplishment of the manufacturer's service instructions. \n\tWe have added paragraph (c)(2) to this AD to state that installation of STC ST01920SE does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01920SE is installed, a ''change in product'' alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17. For all other AMOC requests, the operator must request approval for an AMOC in accordance with the procedures specified in paragraph (m) of this AD. \n\nConclusion \n\n\n\tWe reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the change described previously and minor editorial changes. We have determined that these minor changes: \n\tAre consistent with the intent that was proposed in the NPRM (77 FR 54850, September 6, 2012) for correcting the unsafe condition; and \n\tDo not add any additional burden upon the public than was already proposed in the NPRM (77 FR 54850, September 6, 2012). \n\tWe also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD. \n\nCosts of Compliance \n\n\n\tWe estimate that this AD affects 414 airplanes of U.S. registry. \n\tWe estimate the following costs to comply with this AD: \n\n((Page 42413)) \n\n\n\n\n\n\n\tEstimated Costs ---------------------------------------------------------------------------------------------------------------- \n\tNumber of U.S.- \n\tAction Labor cost Parts cost Cost per registered Cost on U.S. \n\tproduct airplanes operators ---------------------------------------------------------------------------------------------------------------- Group 1--Seal ends of 6 work-hours x $0 $510 367 $187,170 \n\tfasteners--Boeing Service$85 per hour = \n\tBulletin 767(dash)57A0100 $510. \n\t(retained actions from AD \n\t2009-18-02, Amendment 39- \n\t15998 (74 FR 43621, August \n\t27, 2009)). Group 2--Seal ends of 114 work-hours x 0 9,690 37 358,530 \n\tfasteners--Boeing Service $85 per hour = \n\tBulletin 767(dash)57A0100 $9,690. \n\t(retained actions from AD \n\t2009-18-02, Amendment 39- \n\t15998 (74 FR 43621, August \n\t27, 2009)). Group 3--Inspection--Boeing 1 work-hour x 0 85 9 765 \n\tService Bulletin 767-57A0100 $85 per hour = \n\t(retained actions from AD $85. \n\t2009-18-02, Amendment 39- \n\t15998 (74 FR 43621, August \n\t27, 2009)). Group 1--Change wire bundle 250 work-hours x 1,632 22,882 376 8,603,632 \n\tclamp configurations, Boeing $85 per hour = \n\tService Bulletin $21,250. \n\t767(dash)57A0102 (retained \n\tactions from AD 2009-18-02, \n\tAmendment 39-15998 (74 FR \n\t43621, August 27, 2009)). Group 2--Change wire bundle 874 work-hours x 1,304 75,594 37 2,796,978 \n\tclamp configurations, Boeing $85 per hour = \n\tService Bulletin $74,290. \n\t767(dash)57A0102 (retained \n\tactions from AD 2009-18-02, \n\tAmendment 39-15998 (74 FR \n\t43621, August 27, 2009)). Group 3--Change wire bundle 26 work-hours x 338 2,548 1 2,548 \n\tclamp configuration and seal $85 per hour = \n\tfasteners, Boeing Service $2,210. \n\tBulletin 767(dash)57A0102 \n\t(retained actions from AD \n\t2009-18-02, Amendment 39- \n\t15998 (74 FR 43621, August \n\t27, 2009)). All airplanes--Inspection (new 1 work-hour x 0 85 414 35,190 \n\taction). $85 per hour = \n\t$85. ---------------------------------------------------------------------------------------------------------------- \n\n\n\tWe estimate the following costs to do any necessary repair that would be required based on the results of the inspection. We have no way of determining the number of aircraft that might need this repair: \n\n\n\tOn-Condition Costs ---------------------------------------------------------------------------------------------------------------- \n\tAction Labor cost Parts cost Cost per product ---------------------------------------------------------------------------------------------------------------- Seal ends of fasteners--Boeing Service 6 work-hours x $85 per $0 Up to $510. \n\tBulletin 767-57A0100 (retained hour = $510. \n\tactions from AD 2009-18-02, Amendment \n\t39-15998 (74 FR 43621, August 27, \n\t2009)). Installation of TFE sleeve--Boeing 1 work-hour x $85 per $0 $85. \n\tService Bulletin 767(dash)57A0102. hour = $85. ---------------------------------------------------------------------------------------------------------------- \n\nAuthority for This Rulemaking \n\n\n\tTitle 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. \n\tWe 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. \n\nRegulatory Findings \n\n\n\tWe have determined that this ADwill 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. \n\tFor the reasons discussed above, I certify that this AD: \n\n((Page 42414)) \n\n\n\t(1) Is not a ''significant regulatory action'' under Executive Order 12866, \n\t(2) Is not a ''significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), \n\t(3) Will not affect intrastate aviation in Alaska, and \n\t(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. \n\nList of Subjects in 14 CFR Part 39 \n\n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.