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 certain Boeing Model 767-200 and -300 series airplanes. That NPRM was published in the Federal Register on December 19, 2007 (72 FR 71834). That NPRM proposed to require replacing the wire segments of the four Fuel Quantity Indicating System (FQIS) wire bundles with new, improved wire segments. \n\nComments \n\n\tWe gave the public the opportunity to participate in developing this AD. We considered the comments received from a single commenter. \n\nRequest To Clarify the Scope of the NPRM \n\n\tBoeing asks that we clarify the scope of the NPRM with regard to a specific FQIS design that is affected by corrosion of the FQIS wire bundle. Boeing states that Boeing Alert Service Bulletin 767-28A0064, Revision 2, dated October 27, 2005 (referred to in the NPRM as the appropriate source of service information for accomplishing the specified actions), indicates that the NPRM is applicable only to airplanes on which the Honeywell system is installed; but the name of the affected system is not specified in the NPRM. Simmonds FQIS was installed on certain Model 767 airplanes in production; some airlines retrofitted their airplanes with the Simmonds system, but other airlines continue to use the Honeywell system. Boeing adds that the NPRM should apply only to airplanes on which the Honeywell system is installed. \n\tWe acknowledge Boeing's concern that the airplanes affected by this AD should be clearly defined. However, the applicability specified in paragraph (c) of the NPRM already refers to the effectivity in Revision 2 of the referenced service bulletin, which identifies affected airplanes as those having a Honeywell FQIS installed. Therefore, we have made no change to the AD in this regard. \n\nRequest To Add Credit Paragraph \n\n\tBoeing asks that we add a sub-paragraph to paragraph (g) of the NPRM to give credit for airplanes retrofitted with a Simmonds FQIS in accordance with Boeing Service Bulletin 767-28A0043, Revision 2, dated December 20, 2002. Boeing states that this action is also considered an acceptable means to comply with the NPRM. \n\tWe do not agree with Boeing. The effectivity specified in Revision 2 of Boeing Alert Service Bulletin 767-28A0064 states, in part, "This service bulletin is for the airplanes with Honeywell FQIS . . .'' If the FQIS on the airplane has been changed to a Simmonds FQIS, it is no longer a Group 1 airplane, as identified in the effectivity of Boeing Alert Service Bulletin 767-28A0064, Revision 2, and is not affected by this AD. We have made no change to the AD in this regard. \n\nRequest To Clarify Costs of Compliance Section \n\n\tBoeing asks that we identify the origin of the number of affected airplanes specified in the Costs of Compliance section of the NPRM because Boeing is unable to verify the specified number. Boeing states that the referenced service bulletin lists the total number of affected airplanes with a Honeywell FQIS as 433. \n\tWe acknowledge Boeing's comment and provide the following clarification. We determined the number of airplanes in the worldwide fleet by extracting the number from the fleet database. We agree with Boeing that the number of worldwide airplanes referenced in the "Costs of Compliance'' section of the NPRM should agree with the number referenced in Boeing Alert Service Bulletin 767-28A0064, Revision 2, which was developed using Boeing's records of Model 767 airplanes equipped with a Honeywell FQIS. Changing the number of worldwide airplanes will not affect the cost estimate in the AD. Therefore, we have changed the number of affected worldwide airplanes to 433 in the "Costs of Compliance'' section below. The number of airplanes of U.S. registry remains the same. \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 as proposed. \n\nCosts of Compliance \n\n\tThere are 433 airplanes of the affected design in the worldwide fleet. This AD affects about 169 airplanes of U.S. registry. The replacement takes about 42 work hours per airplane, at an average labor rate of $80 per work hour. Required parts will cost about $1,756 per airplane. Based on these figures, the estimated cost of the AD for U.S. operators is $864,604, or $5,116 per airplane. \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 not a "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\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\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: