Discussion \n\n\tWe issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to all Boeing Model 767 airplanes. That NPRM was published in the Federal Register on September 11, 2007 (72 FR 51725). That NPRM proposed to require installing an automatic shutoff system for the auxiliary fuel tank override/jettison pumps (referred to as center tank fuel pumps in the airplane flight manual (AFM)), revising the AFM to advise the flightcrew of certain operating restrictions for airplanes equipped with an automatic auxiliary fuel tank pump shutoff control, revising the Airworthiness Limitations Section (AWL) of certain maintenance documents to include new inspections of the automatic shutoff system for the auxiliary fuel tank override/jettison pumps, and, for certain airplanes, installing a placard to alert the flightcrew of certain fuel usage restrictions. \n\nActions Since NPRM was IssuedTo avoid including redundant requirements in this AD, we have removed the proposed requirement to revise the AWL section of certain maintenance documents to include new inspections of the automatic shutoff system for the auxiliary fuel tank override/jettison pumps. This AWL revision is already required by AD 2008-11-01, amendment 39- 15523 (73 FR 29414, May 21, 2008), for certain Boeing Model 767-200, - 300, -300F, and -400ER series airplanes, with an original standard airworthiness certificate or original export certificate issued before April 22, 2006. Airplanes with a certificate issued on or after April 22, 2006, must already be compliant with the AWL revision because those limitations were applicable as part of the airworthiness certification of those airplanes. We have removed the AWL revision requirement from this AD (which was in paragraph (i) of the NPRM) and re-identified subsequent paragraphs. \n\tWe have combined the AFM text proposed in paragraphs (h)(1) and (h)(2) of the NPRM into one paragraph, paragraph (h), in this AD. Doing this moved the proposed revisions for the Normal Procedures section of the AFM and placed them with the other proposed revisions for the Certificate Limitation section of the AFM. We determined that the Certification Limitation section is the more appropriate section in the AFM for all of the revisions because the revisions are intended to be airplane limitations. In the De-fueling and Fuel Transfer section of the AFM text, we revised the text to address all fuel pumps instead of only the center tank fuel pumps. The same concern (potential ignition source) for dry running during de-fueling exists for the main tank pumps. The limitation revisions required in this AD are similar to the limitations that have been placed on other Boeing airplane models in similar AD actions. \n\tWe have also revised the text in paragraph (m) of this AD (the Alternative Methods of Compliance (AMOC) paragraph) to include more contact information andfurther clarification on the AMOC process. \n\tBoeing issued Revision 2, dated February 12, 2009, to Service Bulletin 767-28A0083. We have revised paragraph (f) of this AD to reference Revision 2 of the service bulletin and have revised paragraph (g) of this AD to provide credit for Boeing Service Bulletin 767- 28A0083, Revision 1, dated April 26, 2007. Revision 2 of this service bulletin corrects the wiring configuration group for some airplanes, and adds and corrects some figures and references. \n\nComments \n\n\tWe gave the public the opportunity to participate in developing this AD. We considered the comments received from the six commenters. \n\nRequest to Clarify Service Bulletin \n\n\tTDG Aerospace (TDG) states that after reviewing the requirements in Section 25.981 of the Federal Aviation Regulations (14 CFR 25.981), it questions whether the service bulletins (listed in the following table) referenced in the NPRM are FAA approved. \n\n\tTable--Service Bulletins Referenced in the NPRM \n\n\nBoeing Alert Service Bulletin -\nRevision -\nDated -\n767-28A0083\n1\nApril 26, 2007\n767-28A0083\nOriginal\nMay 3, 2006\n767-28A0084\n1\nApril 26, 2007\n767-28A0084\nOriginal\nMay 3, 2006\n\n\tWe have determined that the service information referenced in this AD meets applicable requirements and is FAA-approved. No change to this AD is necessary in this regard. \n\nRequest To Exclude Airplanes With Deactivated Center Fuel Tanks \n\n\tAll Nippon Airways (ANA) and ABX Air request that we exclude airplanes with deactivated center fuel tanks from the requirements of the NPRM. ANA suggests that we revise the applicability of the NPRM to exclude airplanes with deactivated center fuel tanks. ANA states that the center wing tank pumps of airplanes with deactivated center fuel tanks do not have power provided to the pumps and, therefore, do not pose a risk of ignition. ABX Air suggests that we add a paragraph stating that no action is required for airplanes with center fuel tanks deactivated in accordance with Boeing Alert Service Bulletin 767- 28A0050, dated December 18, 1997; or Boeing Service Bulletin 767- 28A0050, Revision 1, dated December 22, 1999. ABX Air also states that if pumps cannot operate, the identified unsafe condition is eliminated. ABX Air also states that paragraph (j) of the NPRM proposes to require placards and that requiring placards that refer to AD 2001-15-08, amendment 39-12342 (66 FR 39417, July 31, 2001) is inappropriate for airplanes with deactivated fuel tanks. \n\tWe partially agree. We agree that deactivated center tank pumps do not pose an ignition risk because there is no power provided to these pumps. But to ensure that power cannot be applied to the pumps, we must specifically require the method of deactivation. Boeing Alert Service Bulletin 767-28A0050, dated December 18, 1997; or Boeing Service Bulletin 767-28A0050, Revision 1, dated December 22, 1999; provide adequate procedures for deactivating the center fuel tanks. Deactivation of center tanks in accordance with these service bulletins is approved as an optional terminating action for the requirements of paragraphs (f), (h), and (i) of this AD, as indicated in new paragraph (j) of this AD. For airplanes with tanks deactivated in a different manner, operators must request approval of an AMOC, as specified in paragraph (m) of this AD, and provide data to substantiate that the deactivation methods will ensure the safety of the airplane. We have also added new paragraph (k) to this AD to address airplanes on which the center fuel tanks are reactivated. \n\tIn regard to the commenter's statement that requiring placards is inappropriate for airplanes with deactivated fuel tanks, we agree that the fuel management placard specified in paragraph (i) of this AD is not necessary for airplanes with deactivated center fuel tanks. We have included this information in paragraphs (j) and (k) of this AD accordingly. \n\nRequest To Allow Operating Limitations as Terminating Action \n\n\tUPS requests that we revise the NPRM to allow compliance with certain operating limitations specified in AD 2001-15-08 (shutting off the pumps below certain fuel weight limits) and AFM limitations specified in the NPRM as terminating action for paragraphs (f) and (i) of the NPRM (automatic shutoff system installation and fuel pump operation limitations). According to UPS: \n\n\tThe benefit of having the automatic shutoff system is achieved only if the flight crew fails to follow procedure. In this instance, the issue becomes a flight crew training issue which needs to be addressed in a different and more appropriate medium. \n\n\tUPS also states that because AD 2001-15-08 limits operation of the center fuel tank to more than 1,000 pounds of fuel at all times, the fuel pump is submerged and there is no potential for an ignition source. \n\tUPS asserts that, when the pumps remain submerged with 1,000 pounds of fuel, there is no opportunity for ignition sources to develop from thepump, and those conditions effectively provide a level of safety higher than that provided by installing the pump automatic shutoff as proposed in the NPRM. \n\tWe disagree. AD 2001-15-08 requires, among other things, revising the AFM to include procedures that will ensure that the center tank fuel pumps are always operated with useable fuel levels (1,000 pounds or more). However, that AD addressed a specific problem with the center tank fuel pumps that could lead to an ignition source in the fuel tank. Shutting off pumps with 1,000 pounds of fuel remaining is regarded only as interim action for that specific unsafe condition, until the pump power control system changes are incorporated. Even in the absence of specific fuel pump ignition source issues, the fuel pump indication features and crew procedures in the original design are now considered to need corrective action to eliminate the reliance on flight crew procedures to prevent extended dry pump operation. We are aware of numerous accounts of pilots failing to turn pumps off at the current requirement of 1,000 pounds. We have, therefore, determined that installing the automatic shutoff system provides a higher level of safety because it prevents extended dry running of the fuel pumps. We have not changed this AD regarding this issue. \n\nRequest To Clarify Airplanes Affected by Certain Requirements \n\n\tBoeing requests that we revise certain paragraphs of the NPRM to identify affected airplanes. According to Boeing, Model 767 airplanes beginning with line number 941 (VR088) have the center tank fuel pump automatic shutoff system installed in production and should be excluded from the retrofit requirements. \n\tWe agree, for the reason provided by Boeing. We have revised paragraphs (f) and (h) of this AD to clarify the airplanes affected by the requirements of those paragraphs. \n\nRequest To Include Means of Compliance for Universal Fault Interrupter (UFI) \n\n\tTDG states that it is currently certifying its UFIfor use on Model 767 airplanes. TDG claims that the UFI, already implemented on other Boeing airplanes, will provide (1) a center tank override pump automatic shutoff, (2) uncommanded run protection (from control relay failed in the "ON'' position), and (3) electrical fault protection (line-to-ground, line-to-line, open phases, etc.). TDG, therefore, requests that we include the UFI as a means of compliance, if the supplemental type certificate (STC) for the Model 767 UFI is approved before the final rule is issued. \n\tWe disagree with the commenter's request. At this time, the TDG 767 STC has not yet been approved, so we cannot identify it as a method of compliance for this AD. However, we recognize that a similar TDG STC has been approved for Boeing Model 757 airplanes and that it was identified as a method of compliance for a similar AD related to that model. Once the 767 STC is issued, TDG may apply for approval of an AMOC for the design, as provided by paragraph (m) of this AD.Request To Match AFM and NPRM Language \n\n\tJapan Airlines (JAL) advises of a discrepancy between the wording in the corresponding portions of Boeing's current AFM and the original NPRM. Paragraph (h)(2) of the NPRM states that center tank fuel "pumps'' must not be on, but the latest revision to the AFM states that center tank fuel "pump switches'' must not be on. \n\tWe agree. The current AFM (correctly) contains the word "switches.'' As the commenter points out, the wording should be consistent in both the AFM and this document. We have revised paragraph (h) of this AD accordingly. \n\nRequest To Revise Description of Affected Pumps \n\n\tBoeing requests that we revise the Summary and Relevant Service Information sections of the NPRM. Specifically, reference to the "auxiliary fuel tank boost pump'' should be changed to the "override/ jettison fuel pump'' as the appropriate fuel pump in the auxiliary tank. Boeing adds that references to fuel "boost pumps'' are typically associated with fuel pumps located in the main tanks, so referring to auxiliary fuel pumps as "boost pumps'' could be confusing. \n\tWe agree that the wording identified by the commenter could be confusing. We have revised the Summary section and other relevant sections in this AD as requested. The Relevant Service Information section, however, is not repeated in this final rule. We have also revised references to auxiliary tank pumps to "center tank fuel pumps'' throughout the rest of this AD for clarity and consistency with the AFM text. \n\nRequest to Correct Paragraph Reference \n\n\tJAL points out that Note 2 of the NPRM refers to paragraph (g) of the AD, but should refer to paragraph (h). We agree and have revised Note 1 in this AD (which was Note 2 in the NPRM) accordingly. \n\nConclusion \n\n\tWe 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. We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. \n\nCosts of Compliance \n\n\tWe estimate that this AD affects 414 airplanes of U.S. registry. The following table provides the estimated costs for U.S. operators to comply with this AD. The fleet cost could be as high as $4,655,016. \n\n\tEstimated Costs \n\n\nAffected airplanes\nAffected airplane groups\nWork hours\nAverage hourly labor rate\nCost of Parts\nCost per airplane\n\n1-39\n\t29\n$80\n$8,924\n$11,244\n\n40-79\n\t25\n$80\n$8,495\n$10,495\n767-200, 767-300, 767-300F\n80-81\n\t3\n$80\n$420\n$660\n767-400ER\nAll\n\t23\n$80\n$7,911\n$9,751\n\nAuthority for This Rulemaking \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\tThis 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. \n\tFor the reasons discussed above, I certify that this AD: \n\t(1) Is not a "significant regulatory action'' under Executive Order 12866, \n\t(2) Is nota "significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and \n\t(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. \n\tYou can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. \n\nAdoption of the Amendment \n\nAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n1. The authority citation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\nSec. 39.13 (Amended) \n\n2. The FAA amends Sec. 39.13 by adding the following new AD: