82 FR 10541 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 29 (February 14, 2017)

Page Range		10541-10544
FR Document		2017-01338
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767-200, -300, and -400ER series airplanes. This AD was prompted by a report of a malfunction of the engine indication and crew alerting system (EICAS) during flight. This AD requires, for certain airplanes, a general visual inspection of the spray shield, and related investigative and corrective actions if necessary. We are issuing this AD to address the unsafe condition on these products.
Federal Register, Volume 82 Issue 29 (Tuesday, February 14, 2017)
[Federal Register Volume 82, Number 29 (Tuesday, February 14, 2017)]
[Rules and Regulations]
[Pages 10541-10544]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01338]



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Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / 
Rules and Regulations

[[Page 10541]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0571; Directorate Identifier 2014-NM-059-AD; 
Amendment 39-18782; AD 2017-02-03]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 767-200, -300, and -400ER series airplanes. 
This AD was prompted by a report of a malfunction of the engine 
indication and crew alerting system (EICAS) during flight. This AD 
requires, for certain airplanes, a general visual inspection of the 
spray shield, and related investigative and corrective actions if 
necessary. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective March 16, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 16, 
2017.

ADDRESSES: For service information identified in this final rule, 
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 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. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0571.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0571; 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: Stanley Chen, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 
98057-3356; phone: 425-917-6585; fax: 425-917-6590; email: 
stanley.chen@faa.gov.

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, and -400ER series airplanes. The 
SNPRM published in the Federal Register on April 13, 2016 (81 FR 21762) 
(``the SNPRM''). We preceded the SNPRM with a notice of proposed 
rulemaking (NPRM) that published in the Federal Register on August 14, 
2014 (79 FR 47597) (``the NPRM''). The NPRM proposed to require an 
inspection for plastic couplings, corrective actions if necessary, and 
installation of new spray shrouds. The NPRM was prompted by a report of 
a malfunction of the engine indication and crew alerting system (EICAS) 
during flight. The SNPRM proposed, for certain airplanes, a general 
visual inspection of the spray shield and related investigative and 
corrective actions if necessary. We are issuing this AD to prevent an 
uncontrolled water leak from a defective potable water system coupling, 
which could cause the main equipment center (MEC) line replaceable 
units (LRUs) to become wet, resulting in an electrical short and 
potential loss of several functions essential for safe flight.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the SNPRM and 
the FAA's response to each comment.

Request To Include Latest Service Information

    Boeing requested that we revise the SNPRM to include the latest 
service information--Boeing Alert Service Bulletin 767-38A0073, 
Revision 3, dated September 8, 2016, which added 10 airplanes to the 
effectivity. The revised service information also added Part 5 of the 
Work Instructions to enhance the hose installation between location 6 
and location 9 for an airplane on which a post-production configuration 
change had been made. Boeing noted that future revisions could be 
published as conditions dictate.
    We partially agree with the request.
    To require Revision 3 in this AD would necessitate issuing another 
supplemental NPRM to solicit comments on the merits of this change. We 
have determined that an unsafe condition exists, and delaying this 
action further would be inappropriate.
    However, we have added new content to paragraph (i) of this AD to 
specify an additional method of compliance that was not part of the 
SNPRM. This additional method of compliance allows the use of Revision 
3 for the coupling inspection and spray shroud installation specified 
in paragraph (g) of this AD.
    This AD retains the applicability specified in paragraph (c) of the 
proposed AD (in the SNPRM). That is, this AD affects Model 767-200, -
300, and -400ER series airplanes that are identified in Boeing Alert 
Service Bulletin 767-38A0073, Revision 2, dated August 10, 2015.
    Likewise, this AD retains the specific compliance method specified 
in paragraphs (g) and (h) of the proposed AD (in the SNPRM). That is, 
the actions must be done in accordance with Boeing Alert Service 
Bulletin 767-38A0073, Revision 2, dated August 10, 2015. (See ``Request 
to Revise Description of

[[Page 10542]]

Affected Airplanes'' for an explanation of the revision of paragraphs 
(g) and (h) of the proposed AD (in the SNPRM).)
    For the 10 airplanes added in Boeing Alert Service Bulletin 767-
38A0073, Revision 3, dated September 8, 2016, we might consider 
additional rulemaking to mandate the actions specified in this AD.

Request To Revise Description of Affected Airplanes

    Boeing requested that we revise paragraphs (g) and (h) of the 
proposed AD (in the SNPRM) to remove the references to airplane groups. 
Boeing explained that this change would simplify the wording of the AD 
and avoid a potential mismatch between the AD and the service 
information if grouping is adjusted in the future. Boeing stated that 
the release of Boeing Alert Service Bulletin 767-38A0073, Revision 3, 
dated September 8, 2016, makes paragraph (g) of the proposed AD (in the 
SNPRM) incorrect because it does not account for newly added groups 14 
and 15. Boeing also noted that future revisions could be published as 
conditions indicate.
    We partially agree with the request. Paragraphs (g) and (h) of the 
proposed AD (in the SNPRM) have been revised to restructure the content 
into paragraph (g) in this AD and remove the references to specific 
airplane groups. As stated previously, we might consider future 
rulemaking to mandate the actions in this AD for the airplanes 
identified as Groups 14 and 15 in Boeing Alert Service Bulletin 767-
38A0073, Revision 3, dated September 8, 2016.

Request for Clarification of Requirements

    Boeing requested that we revise paragraph (h) of the proposed AD 
(in the SNPRM) (now paragraph (g)(2) in this AD) to change the phrase 
``applicable related investigative and corrective actions'' to 
``applicable corrective actions.'' Boeing indicated that this change 
would clarify the intent of the proposed AD because, as written, the 
proposed AD could be misinterpreted as requiring both the inspection 
for discrepant shields and the resulting corrective action before 
further flight.
    We disagree to remove the phrase ``related investigative 
[actions],'' as requested. As explained in the SNPRM, related 
investigative actions are follow-on actions that (1) are related to the 
primary action, and (2) further investigate the nature of any condition 
found; related investigative actions in an AD could include, for 
example, inspections. Specifically, in this AD, the phrase ``related 
investigative actions'' includes testing and repairing potable water 
system leaks. We have not changed this final rule regarding this issue.

Request To Clarify Incorporation by Reference

    Paragraph (k) of the proposed AD (in the SNPRM) stated that Boeing 
Alert Service Bulletin 767-38A0073, dated November 12, 2013; and Boeing 
Service Bulletin 767-38A0073, Revision 1, dated November 5, 2014; are 
not ``incorporated by reference in this AD.'' Boeing requested that we 
delete that statement because its intent is unclear and could be 
misinterpreted.
    We agree that clarification is necessary. Paragraph (k) in the 
proposed AD (in the SNPRM) provides credit for compliance with the AD 
for work completed using earlier revisions of the service information 
that are not specifically mandated by the AD, while the latest revision 
of the service information would be mandated. Although Boeing Alert 
Service Bulletin 767-38A0073, dated November 12, 2013, and Boeing 
Service Bulletin 767-38A0073, Revision 1, dated November 5, 2014, will 
not be incorporated by reference in this AD, we agree to remove that 
statement from paragraph (k) of the AD.

Request To Revise Phrasing in ``Credit for Previous Actions'' Paragraph

    Boeing requested that we revise paragraph (k) of the proposed AD 
(in the SNPRM) to account for additional revisions that may be 
necessary to identify in the AD, depending on the effective date of the 
AD. Boeing stated that the proposed AD (in the SNPRM) would exclude 
some groups from being given credit for accomplishment of the 
referenced service information. Boeing stated that if airlines have 
completed all actions in accordance with Boeing Alert Service Bulletin 
767-38A0073, Revision 2, dated August 10, 2015, or Boeing Alert Service 
Bulletin 767-38A0073, Revision 3, dated September 8, 2016, no groups 
should be excluded.
    We do not agree that it is necessary to revise the service 
information identified in paragraph (k) of this AD. As stated 
previously, Boeing Alert Service Bulletin 767-38A0073, Revision 3, 
dated September 8, 2016, is included in paragraph (i) of this AD to 
provide an additional method of compliance for the requirements of 
paragraph (g) of this AD. Additional credit for accomplishment of 
Revision 3 is therefore unnecessary. This AD will provide credit for 
only the accomplishment of Boeing Alert Service Bulletin 767-38A0073, 
dated November 12, 2013; and Boeing Service Bulletin 767-38A0073, 
Revision 1, dated November 5, 2014.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
per supplemental type certificate (STC) ST01920SE does not affect the 
accomplishment of the manufacturer's service instructions.
    We agree with the commenter that STC ST01920SE does not affect the 
accomplishment of the manufacturer's service instructions. Therefore, 
the installation of STC ST01920SE does not affect the ability to 
accomplish the actions required by this AD. We have not changed this AD 
in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 767-38A0073, Revision 2, 
dated August 10, 2015; and Boeing Alert Service Bulletin 767-38A0073, 
Revision 3, dated September 8, 2016. The service information describes 
procedures for a general visual inspection for plastic potable water 
couplings, and applicable related investigative and corrective actions; 
installation of new spray shrouds; and a general visual inspection of 
the spray shield to determine if it has two slits and is installed 
correctly, and applicable related investigative and corrective actions. 
These documents are distinct since they are revisions of the same 
service information and have different airplane groupings for different 
configurations. This service information is reasonably available 
because the interested parties have access to it through their normal 
course of business or by the means identified in the ADDRESSES section.

[[Page 10543]]

Costs of Compliance

    We estimate that this AD affects 136 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
             Action                  Labor cost        Parts cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Part 1--inspection (Groups 1-3,  Up to 3 work-hours              $0  Up to $255...........  Up to $34,680.
 9, and 11, Configuration 1;      x $85 per hour =
 Groups 4-8, 10, and 12-13)       $255.
 (136 airplanes).
Part 2--inspection (Group 9,     2 work-hours x $85               0  $170.................  $5,440.
 Configuration 1; and Group 10)   per hour = $170.
 (32 airplanes).
Part 3--installation of spray    3 work-hours x $85             330  $585.................  $79,560.
 shrouds (136 airplanes).         per hour = $255.
Part 4--inspection (Groups 1-3,  2 work-hours x $85               0  $170.................  $5,100.
 9, and 11, Configuration 2)      per hour = $170.
 (30 airplanes).
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary on-condition 
actions 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 actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                 Action                          Labor cost           Parts cost          Cost per product
----------------------------------------------------------------------------------------------------------------
Related investigative actions..........  3 work-hours x $85 per                 $0  $255.
                                          hour = $255.
Corrective actions.....................  Up to 1 work-hour x $85                53  Up to $138.
                                          per hour = $85.
----------------------------------------------------------------------------------------------------------------

    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):

2017-02-03 The Boeing Company: Amendment 39-18782; Docket No. FAA-
2014-0571; Directorate Identifier 2014-NM-059-AD.

(a) Effective Date

    This AD is effective March 16, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, and -
400ER series airplanes, certificated in any category, as identified 
in Boeing Alert Service Bulletin 767-38A0073, Revision 2, dated 
August 10, 2015.

(d) Subject

    Air Transport Association (ATA) of America Code 38, Water/Waste.

(e) Unsafe Condition

    This AD was prompted by a report of a malfunction of the engine 
indication and crew alerting system (EICAS) during flight. We are 
issuing this AD to prevent an uncontrolled water leak from a 
defective potable water system coupling, which could cause the main 
equipment center (MEC) line replaceable units (LRUs) to become wet, 
resulting in an electrical short and potential loss of several 
functions essential for safe flight.

[[Page 10544]]

(f) Compliance

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

(g) Inspection of Couplings and Installation of Spray Shrouds

    For Groups and Configurations as identified in Boeing Alert 
Service Bulletin 767-38A0073, Revision 2, dated August 10, 2015, as 
applicable: At the applicable times identified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 767-38A0073, 
Revision 2, dated August 10, 2015, except as required by paragraph 
(h) of this AD, do the actions specified in paragraphs (g)(1) and 
(g)(2) of this AD, as applicable.
    (1) Do a general visual inspection for plastic potable water 
couplings; do all applicable related investigative and corrective 
actions; and install new spray shrouds, including a new hose 
assembly, as applicable; in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-38A0073, Revision 
2, dated August 10, 2015. Do all applicable related investigative 
and corrective actions within the applicable compliance time 
identified in paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin 767-38A0073, Revision 2, dated August 10, 2015, 
except as required by paragraph (h) of this AD.
    (2) Within 72 months after the effective date of this AD, do a 
general visual inspection of the spray shield to determine if it has 
two slits and is installed correctly, and before further flight, do 
all applicable related investigative and corrective actions, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-38A0073, Revision 2, dated August 10, 2015.

    Note 1 to paragraph (g) of this AD:  Operators can take optional 
protective measures to cover or shield their equipment against water 
spray when performing the Potable Water System Leakage Test, as 
specified in Boeing Alert Service Bulletin 767-38A0073, Revision 2, 
dated August 10, 2015.

(h) Exception to the Service Information

    Where paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 767-38A0073, Revision 2, dated August 10, 2015, specifies a 
compliance time ``after the original issue date of this service 
bulletin,'' this AD requires compliance within the specified 
compliance time after the effective date of this AD.

(i) Additional Method of Compliance

    Boeing Alert Service Bulletin 767-38A0073, Revision 3, dated 
September 8, 2016, is acceptable for compliance with the 
requirements of paragraph (g) of this AD, as applicable to the 
Groups and Configurations as identified in Boeing Alert Service 
Bulletin 767-38A0073, Revision 3, dated September 8, 2016.

(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install any 
plastic potable water coupling having part number (P/N) CA620 series 
or P/N CA625 series on any airplane.

(k) Credit for Previous Actions

    For airplanes in Groups 4 through 8, 10, 12, and 13, as 
identified in Boeing Alert Service Bulletin 767-38A0073, Revision 2, 
dated August 10, 2015: This paragraph provides credit for the 
actions specified in paragraph (g) of this AD, if those actions were 
performed before the effective date of this AD using Boeing Alert 
Service Bulletin 767-38A0073, dated November 12, 2013; or Boeing 
Service Bulletin 767-38A0073, Revision 1, dated November 5, 2014.

(l) 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 (m)(1) of this AD. 
Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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, modification, or alteration 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. To be approved, the 
repair method, modification deviation, or alteration deviation must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.
    (4) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(l)(4)(i) and (l)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(m) Related Information

    (1) For more information about this AD, contact Stanley Chen, 
Aerospace Engineer, Cabin Safety and Environmental Systems Branch, 
ANM-150S, FAA, Seattle Aircraft Certification Office (ACO), 1601 
Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6585; fax: 
425-917-6590; email: stanley.chen@faa.gov.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(3) and (n)(4) of this AD.

(n) 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 Alert Service Bulletin 767-38A0073, Revision 2, dated 
August 10, 2015.
    (ii) Boeing Alert Service Bulletin 767-38A0073, Revision 3, 
dated September 8, 2016.
    (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 
https://www.myboeingfleet.com.
    (4) You may view this 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 http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 11, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-01338 Filed 2-13-17; 8:45 am]
 BILLING CODE 4910-13-P
10541

Rules and Regulations Federal Register
Vol. 82, No. 29

Tuesday, February 14, 2017

This section of the FEDERAL REGISTER FAA, call 425–227–1221. It is also uncontrolled water leak from a defective
contains regulatory documents having general available on the Internet at http:// potable water system coupling, which
applicability and legal effect, most of which www.regulations.gov by searching for could cause the main equipment center
are keyed to and codified in the Code of and locating Docket No. FAA–2014– (MEC) line replaceable units (LRUs) to
Federal Regulations, which is published under 0571. become wet, resulting in an electrical
50 titles pursuant to 44 U.S.C. 1510.
short and potential loss of several
Examining the AD Docket functions essential for safe flight.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of You may examine the AD docket on
the Internet at http:// Comments
new books are listed in the first FEDERAL
REGISTER issue of each week. www.regulations.gov by searching for We gave the public the opportunity to
and locating Docket No. FAA–2014– participate in developing this AD. The
0571; or in person at the Docket following presents the comments
DEPARTMENT OF TRANSPORTATION Management Facility between 9 a.m. received on the SNPRM and the FAA’s
and 5 p.m., Monday through Friday, response to each comment.
Federal Aviation Administration except Federal holidays. The AD docket Request To Include Latest Service
contains this AD, the regulatory Information
14 CFR Part 39 evaluation, any comments received, and
other information. The address for the Boeing requested that we revise the
[Docket No. FAA–2014–0571; Directorate
Docket Office (phone: 800–647–5527) is SNPRM to include the latest service
Identifier 2014–NM–059–AD; Amendment
39–18782; AD 2017–02–03] Docket Management Facility, U.S. information—Boeing Alert Service
Department of Transportation, Docket Bulletin 767–38A0073, Revision 3,
RIN 2120–AA64 dated September 8, 2016, which added
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200 10 airplanes to the effectivity. The
Airworthiness Directives; The Boeing revised service information also added
Company Airplanes New Jersey Avenue SE., Washington,
DC 20590. Part 5 of the Work Instructions to
AGENCY: Federal Aviation enhance the hose installation between
FOR FURTHER INFORMATION CONTACT:
Administration (FAA), DOT. location 6 and location 9 for an airplane
Stanley Chen, Aerospace Engineer, on which a post-production
ACTION: Final rule. Cabin Safety and Environmental configuration change had been made.
Systems Branch, ANM–150S, FAA, Boeing noted that future revisions could
SUMMARY: We are adopting a new Seattle Aircraft Certification Office
airworthiness directive (AD) for certain be published as conditions dictate.
(ACO), 1601 Lind Avenue SW., Renton, We partially agree with the request.
The Boeing Company Model 767–200, WA 98057–3356; phone: 425–917–6585;
–300, and –400ER series airplanes. This To require Revision 3 in this AD
fax: 425–917–6590; email: would necessitate issuing another
AD was prompted by a report of a stanley.chen@faa.gov.
malfunction of the engine indication supplemental NPRM to solicit
SUPPLEMENTARY INFORMATION: comments on the merits of this change.
and crew alerting system (EICAS)
during flight. This AD requires, for Discussion We have determined that an unsafe
certain airplanes, a general visual condition exists, and delaying this
We issued a supplemental notice of action further would be inappropriate.
inspection of the spray shield, and proposed rulemaking (SNPRM) to
related investigative and corrective However, we have added new content
amend 14 CFR part 39 by adding an AD to paragraph (i) of this AD to specify an
actions if necessary. We are issuing this that would apply to certain The Boeing
AD to address the unsafe condition on additional method of compliance that
Company Model 767–200, –300, and was not part of the SNPRM. This
these products. –400ER series airplanes. The SNPRM additional method of compliance allows
DATES: This AD is effective March 16, published in the Federal Register on the use of Revision 3 for the coupling
2017. April 13, 2016 (81 FR 21762) (‘‘the inspection and spray shroud installation
The Director of the Federal Register SNPRM’’). We preceded the SNPRM specified in paragraph (g) of this AD.
approved the incorporation by reference with a notice of proposed rulemaking This AD retains the applicability
of a certain publication listed in this AD (NPRM) that published in the Federal specified in paragraph (c) of the
as of March 16, 2017. Register on August 14, 2014 (79 FR proposed AD (in the SNPRM). That is,
ADDRESSES: For service information 47597) (‘‘the NPRM’’). The NPRM this AD affects Model 767–200, –300,
identified in this final rule, contact proposed to require an inspection for and –400ER series airplanes that are
Boeing Commercial Airplanes, plastic couplings, corrective actions if identified in Boeing Alert Service
Attention: Data & Services Management, necessary, and installation of new spray Bulletin 767–38A0073, Revision 2,
P.O. Box 3707, MC 2H–65, Seattle, WA shrouds. The NPRM was prompted by a dated August 10, 2015.
98124–2207; telephone 206–544–5000, report of a malfunction of the engine Likewise, this AD retains the specific
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extension 1; fax 206–766–5680; Internet indication and crew alerting system compliance method specified in
https://www.myboeingfleet.com. You (EICAS) during flight. The SNPRM paragraphs (g) and (h) of the proposed
may view this referenced service proposed, for certain airplanes, a AD (in the SNPRM). That is, the actions
information at the FAA, Transport general visual inspection of the spray must be done in accordance with Boeing
Airplane Directorate, 1601 Lind Avenue shield and related investigative and Alert Service Bulletin 767–38A0073,
SW., Renton, WA. For information on corrective actions if necessary. We are Revision 2, dated August 10, 2015. (See
the availability of this material at the issuing this AD to prevent an ‘‘Request to Revise Description of

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Affected Airplanes’’ for an explanation includes testing and repairing potable 12, 2013; and Boeing Service Bulletin
of the revision of paragraphs (g) and (h) water system leaks. We have not 767–38A0073, Revision 1, dated
of the proposed AD (in the SNPRM).) changed this final rule regarding this November 5, 2014.
For the 10 airplanes added in Boeing issue.
Alert Service Bulletin 767–38A0073, Effect of Winglets on Accomplishment
Revision 3, dated September 8, 2016, we Request To Clarify Incorporation by of the Proposed Actions
might consider additional rulemaking to Reference
Paragraph (k) of the proposed AD (in Aviation Partners Boeing stated that
mandate the actions specified in this
the SNPRM) stated that Boeing Alert the installation of winglets per
AD.
Service Bulletin 767–38A0073, dated supplemental type certificate (STC)
Request To Revise Description of November 12, 2013; and Boeing Service ST01920SE does not affect the
Affected Airplanes Bulletin 767–38A0073, Revision 1, accomplishment of the manufacturer’s
Boeing requested that we revise dated November 5, 2014; are not service instructions.
paragraphs (g) and (h) of the proposed ‘‘incorporated by reference in this AD.’’ We agree with the commenter that
AD (in the SNPRM) to remove the Boeing requested that we delete that STC ST01920SE does not affect the
references to airplane groups. Boeing statement because its intent is unclear accomplishment of the manufacturer’s
explained that this change would and could be misinterpreted. service instructions. Therefore, the
simplify the wording of the AD and We agree that clarification is installation of STC ST01920SE does not
avoid a potential mismatch between the necessary. Paragraph (k) in the proposed affect the ability to accomplish the
AD and the service information if AD (in the SNPRM) provides credit for actions required by this AD. We have
grouping is adjusted in the future. compliance with the AD for work not changed this AD in this regard.
Boeing stated that the release of Boeing completed using earlier revisions of the
Alert Service Bulletin 767–38A0073, service information that are not Conclusion
Revision 3, dated September 8, 2016, specifically mandated by the AD, while We reviewed the relevant data,
makes paragraph (g) of the proposed AD the latest revision of the service considered the comments received, and
(in the SNPRM) incorrect because it information would be mandated. determined that air safety and the
does not account for newly added Although Boeing Alert Service Bulletin public interest require adopting this AD
groups 14 and 15. Boeing also noted that 767–38A0073, dated November 12, with the changes described previously
future revisions could be published as 2013, and Boeing Service Bulletin 767–
and minor editorial changes. We have
conditions indicate. 38A0073, Revision 1, dated November
determined that these minor changes:
We partially agree with the request. 5, 2014, will not be incorporated by
Paragraphs (g) and (h) of the proposed reference in this AD, we agree to remove • Are consistent with the intent that
AD (in the SNPRM) have been revised that statement from paragraph (k) of the was proposed in the SNPRM for
to restructure the content into paragraph AD. correcting the unsafe condition; and
(g) in this AD and remove the references
Request To Revise Phrasing in ‘‘Credit • Do not add any additional burden
to specific airplane groups. As stated upon the public than was already
for Previous Actions’’ Paragraph
previously, we might consider future proposed in the SNPRM.
rulemaking to mandate the actions in Boeing requested that we revise
paragraph (k) of the proposed AD (in the We also determined that these
this AD for the airplanes identified as changes will not increase the economic
Groups 14 and 15 in Boeing Alert SNPRM) to account for additional
revisions that may be necessary to burden on any operator or increase the
Service Bulletin 767–38A0073, Revision scope of this AD.
3, dated September 8, 2016. identify in the AD, depending on the
effective date of the AD. Boeing stated Related Service Information Under 1
Request for Clarification of that the proposed AD (in the SNPRM) CFR Part 51
Requirements would exclude some groups from being
Boeing requested that we revise given credit for accomplishment of the We reviewed Boeing Alert Service
paragraph (h) of the proposed AD (in the referenced service information. Boeing Bulletin 767–38A0073, Revision 2,
SNPRM) (now paragraph (g)(2) in this stated that if airlines have completed all dated August 10, 2015; and Boeing Alert
AD) to change the phrase ‘‘applicable actions in accordance with Boeing Alert Service Bulletin 767–38A0073, Revision
related investigative and corrective Service Bulletin 767–38A0073, Revision 3, dated September 8, 2016. The service
actions’’ to ‘‘applicable corrective 2, dated August 10, 2015, or Boeing information describes procedures for a
actions.’’ Boeing indicated that this Alert Service Bulletin 767–38A0073, general visual inspection for plastic
change would clarify the intent of the Revision 3, dated September 8, 2016, no potable water couplings, and applicable
proposed AD because, as written, the groups should be excluded. related investigative and corrective
proposed AD could be misinterpreted as We do not agree that it is necessary actions; installation of new spray
requiring both the inspection for to revise the service information shrouds; and a general visual inspection
discrepant shields and the resulting identified in paragraph (k) of this AD. of the spray shield to determine if it has
corrective action before further flight. As stated previously, Boeing Alert two slits and is installed correctly, and
We disagree to remove the phrase Service Bulletin 767–38A0073, Revision applicable related investigative and
‘‘related investigative [actions],’’ as 3, dated September 8, 2016, is included corrective actions. These documents are
requested. As explained in the SNPRM, in paragraph (i) of this AD to provide an distinct since they are revisions of the
related investigative actions are follow- additional method of compliance for the same service information and have
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on actions that (1) are related to the requirements of paragraph (g) of this different airplane groupings for different
primary action, and (2) further AD. Additional credit for configurations. This service information
investigate the nature of any condition accomplishment of Revision 3 is is reasonably available because the
found; related investigative actions in therefore unnecessary. This AD will interested parties have access to it
an AD could include, for example, provide credit for only the through their normal course of business
inspections. Specifically, in this AD, the accomplishment of Boeing Alert Service or by the means identified in the
phrase ‘‘related investigative actions’’ Bulletin 767–38A0073, dated November ADDRESSES section.

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Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Rules and Regulations 10543

Costs of Compliance the following costs to comply with this
We estimate that this AD affects 136 AD:
airplanes of U.S. registry. We estimate
ESTIMATED COSTS
Cost per Cost on U.S.
Action Labor cost Parts cost product operators

Part 1—inspection (Groups 1–3, 9, and 11, Configura- Up to 3 work-hours × $85 per hour $0 Up to $255 ..... Up to $34,680.
tion 1; Groups 4–8, 10, and 12–13) (136 airplanes). = $255.
Part 2—inspection (Group 9, Configuration 1; and 2 work-hours × $85 per hour = 0 $170 ............... $5,440.
Group 10) (32 airplanes). $170.
Part 3—installation of spray shrouds (136 airplanes) ... 3 work-hours × $85 per hour = 330 $585 ............... $79,560.
$255.
Part 4—inspection (Groups 1–3, 9, and 11, Configura- 2 work-hours × $85 per hour = 0 $170 ............... $5,100.
tion 2) (30 airplanes). $170.

We estimate the following costs to do would be required based on the results determining the number of aircraft that
any necessary on-condition actions that of the inspection. We have no way of might need these actions:

ON-CONDITION COSTS
Cost per
Action Labor cost Parts cost product

Related investigative actions ........................................ 3 work-hours × $85 per hour = $255 ........................... $0 $255.
Corrective actions ......................................................... Up to 1 work-hour × $85 per hour = $85 .................... 53 Up to $138.

According to the manufacturer, some the relationship between the national § 39.13 [Amended]
of the costs of this AD may be covered government and the States, or on the
under warranty, thereby reducing the distribution of power and ■ 2. The FAA amends § 39.13 by adding
cost impact on affected individuals. We responsibilities among the various the following new airworthiness
do not control warranty coverage for levels of government. directive (AD):
affected individuals. As a result, we For the reasons discussed above, I 2017–02–03 The Boeing Company:
have included all costs in our cost certify that this AD: Amendment 39–18782; Docket No.
estimate. FAA–2014–0571; Directorate Identifier
(1) Is not a ‘‘significant regulatory
2014–NM–059–AD.
Authority for This Rulemaking action’’ under Executive Order 12866,
Title 49 of the United States Code (2) Is not a ‘‘significant rule’’ under (a) Effective Date
specifies the FAA’s authority to issue DOT Regulatory Policies and Procedures This AD is effective March 16, 2017.
rules on aviation safety. Subtitle I, (44 FR 11034, February 26, 1979),
(b) Affected ADs
section 106, describes the authority of (3) Will not affect intrastate aviation
the FAA Administrator. Subtitle VII: in Alaska, and None.
Aviation Programs, describes in more (4) Will not have a significant (c) Applicability
detail the scope of the Agency’s economic impact, positive or negative, This AD applies to The Boeing Company
authority. on a substantial number of small entities Model 767–200, –300, and –400ER series
We are issuing this rulemaking under under the criteria of the Regulatory airplanes, certificated in any category, as
the authority described in Subtitle VII, Flexibility Act. identified in Boeing Alert Service Bulletin
Part A, Subpart III, Section 44701:
767–38A0073, Revision 2, dated August 10,
‘‘General requirements.’’ Under that List of Subjects in 14 CFR Part 39
2015.
section, Congress charges the FAA with
promoting safe flight of civil aircraft in Air transportation, Aircraft, Aviation (d) Subject
air commerce by prescribing regulations safety, Incorporation by reference,
Safety. Air Transport Association (ATA) of
for practices, methods, and procedures America Code 38, Water/Waste.
the Administrator finds necessary for Adoption of the Amendment
safety in air commerce. This regulation (e) Unsafe Condition
is within the scope of that authority Accordingly, under the authority This AD was prompted by a report of a
because it addresses an unsafe condition delegated to me by the Administrator, malfunction of the engine indication and
that is likely to exist or develop on the FAA amends 14 CFR part 39 as crew alerting system (EICAS) during flight.
products identified in this rulemaking follows: We are issuing this AD to prevent an
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action. uncontrolled water leak from a defective
PART 39—AIRWORTHINESS potable water system coupling, which could
Regulatory Findings DIRECTIVES cause the main equipment center (MEC) line
This AD will not have federalism replaceable units (LRUs) to become wet,
implications under Executive Order ■ 1. The authority citation for part 39 resulting in an electrical short and potential
13132. This AD will not have a continues to read as follows: loss of several functions essential for safe
substantial direct effect on the States, on Authority: 49 U.S.C. 106(g), 40113, 44701. flight.

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10544 Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Rules and Regulations

(f) Compliance (k) Credit for Previous Actions (2) Service information identified in this
Comply with this AD within the For airplanes in Groups 4 through 8, 10, AD that is not incorporated by reference is
compliance times specified, unless already 12, and 13, as identified in Boeing Alert available at the addresses specified in
done. Service Bulletin 767–38A0073, Revision 2, paragraphs (n)(3) and (n)(4) of this AD.
dated August 10, 2015: This paragraph (n) Material Incorporated by Reference
(g) Inspection of Couplings and Installation provides credit for the actions specified in
of Spray Shrouds paragraph (g) of this AD, if those actions were (1) The Director of the Federal Register
For Groups and Configurations as performed before the effective date of this AD approved the incorporation by reference
identified in Boeing Alert Service Bulletin using Boeing Alert Service Bulletin 767– (IBR) of the service information listed in this
767–38A0073, Revision 2, dated August 10, 38A0073, dated November 12, 2013; or paragraph under 5 U.S.C. 552(a) and 1 CFR
2015, as applicable: At the applicable times Boeing Service Bulletin 767–38A0073, part 51.
identified in paragraph 1.E., ‘‘Compliance,’’ Revision 1, dated November 5, 2014. (2) You must use this service information
of Boeing Alert Service Bulletin 767– as applicable to do the actions required by
38A0073, Revision 2, dated August 10, 2015, (l) Alternative Methods of Compliance this AD, unless the AD specifies otherwise.
except as required by paragraph (h) of this (AMOCs) (i) Boeing Alert Service Bulletin 767–
AD, do the actions specified in paragraphs (1) The Manager, Seattle Aircraft 38A0073, Revision 2, dated August 10, 2015.
(g)(1) and (g)(2) of this AD, as applicable. Certification Office (ACO), FAA, has the (ii) Boeing Alert Service Bulletin 767–
(1) Do a general visual inspection for authority to approve AMOCs for this AD, if 38A0073, Revision 3, dated September 8,
plastic potable water couplings; do all requested using the procedures found in 14 2016.
applicable related investigative and CFR 39.19. In accordance with 14 CFR 39.19, (3) For Boeing service information
corrective actions; and install new spray send your request to your principal inspector identified in this AD, contact Boeing
shrouds, including a new hose assembly, as or local Flight Standards District Office, as Commercial Airplanes, Attention: Data &
applicable; in accordance with the appropriate. If sending information directly Services Management, P.O. Box 3707, MC
Accomplishment Instructions of Boeing Alert to the manager of the ACO, send it to the 2H–65, Seattle, WA 98124–2207; telephone
Service Bulletin 767–38A0073, Revision 2, attention of the person identified in 206–544–5000, extension 1; fax 206–766–
dated August 10, 2015. Do all applicable paragraph (m)(1) of this AD. Information may 5680; Internet https://
related investigative and corrective actions be emailed to: 9-ANM-Seattle-ACO-AMOC- www.myboeingfleet.com.
within the applicable compliance time Requests@faa.gov. (4) You may view this service information
identified in paragraph 1.E., ‘‘Compliance,’’ (2) Before using any approved AMOC, at the FAA, Transport Airplane Directorate,
of Boeing Alert Service Bulletin 767– notify your appropriate principal inspector, 1601 Lind Avenue SW., Renton, WA. For
38A0073, Revision 2, dated August 10, 2015, or lacking a principal inspector, the manager information on the availability of this
except as required by paragraph (h) of this of the local flight standards district office/ material at the FAA, call 425–227–1221.
AD. certificate holding district office. (5) You may view this service information
(2) Within 72 months after the effective (3) An AMOC that provides an acceptable that is incorporated by reference at the
date of this AD, do a general visual level of safety may be used for any repair, National Archives and Records
inspection of the spray shield to determine modification, or alteration required by this Administration (NARA). For information on
if it has two slits and is installed correctly, AD if it is approved by the Boeing the availability of this material at NARA, call
and before further flight, do all applicable Commercial Airplanes Organization 202–741–6030, or go to http://
related investigative and corrective actions, Designation Authorization (ODA) that has
www.archives.gov/federal-register/cfr/ibr-
in accordance with the Accomplishment been authorized by the Manager, Seattle
locations.html.
Instructions of Boeing Alert Service Bulletin ACO, to make those findings. To be
767–38A0073, Revision 2, dated August 10, approved, the repair method, modification Issued in Renton, Washington, on January
2015. deviation, or alteration deviation must meet 11, 2017.
Note 1 to paragraph (g) of this AD: the certification basis of the airplane, and the Michael Kaszycki,
Operators can take optional protective approval must specifically refer to this AD.
Acting Manager, Transport Airplane
measures to cover or shield their equipment (4) For service information that contains
Directorate, Aircraft Certification Service.
against water spray when performing the steps that are labeled as Required for
Compliance (RC), the provisions of [FR Doc. 2017–01338 Filed 2–13–17; 8:45 am]
Potable Water System Leakage Test, as
specified in Boeing Alert Service Bulletin paragraphs (l)(4)(i) and (l)(4)(ii) of this AD BILLING CODE 4910–13–P
767–38A0073, Revision 2, dated August 10, apply.
2015. (i) The steps labeled as RC, including
substeps under an RC step and any figures DEPARTMENT OF TRANSPORTATION
(h) Exception to the Service Information identified in an RC step, must be done to
Where paragraph 1.E., ‘‘Compliance,’’ of comply with the AD. If a step or substep is Federal Aviation Administration
Boeing Alert Service Bulletin 767–38A0073, labeled ‘‘RC Exempt,’’ then the RC
Revision 2, dated August 10, 2015, specifies requirement is removed from that step or
14 CFR Part 71
a compliance time ‘‘after the original issue substep. An AMOC is required for any
date of this service bulletin,’’ this AD deviations to RC steps, including substeps
and identified figures. [Docket No. FAA–2016–6984; Airspace
requires compliance within the specified Docket No. 16–ANM–5]
compliance time after the effective date of (ii) Steps not labeled as RC may be
this AD. deviated from using accepted methods in
accordance with the operator’s maintenance Amendment of Class E Airspace,
(i) Additional Method of Compliance or inspection program without obtaining Salem, OR
Boeing Alert Service Bulletin 767– approval of an AMOC, provided the RC steps,
38A0073, Revision 3, dated September 8, including substeps and identified figures, can AGENCY: Federal Aviation
2016, is acceptable for compliance with the still be done as specified, and the airplane Administration (FAA), DOT.
requirements of paragraph (g) of this AD, as can be put back in an airworthy condition. ACTION: Final rule.
applicable to the Groups and Configurations
(m) Related Information
as identified in Boeing Alert Service Bulletin SUMMARY: This action modifies the Class
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767–38A0073, Revision 3, dated September (1) For more information about this AD, E airspace extending upward from 700
8, 2016. contact Stanley Chen, Aerospace Engineer, feet above the surface at McNary Field,
Cabin Safety and Environmental Systems
(j) Parts Installation Prohibition Branch, ANM–150S, FAA, Seattle Aircraft
Salem, OR. After a review of the
As of the effective date of this AD, no Certification Office (ACO), 1601 Lind Avenue airspace, the FAA found additional
person may install any plastic potable water SW., Renton, WA 98057–3356; phone: 425– airspace is required to support the
coupling having part number (P/N) CA620 917–6585; fax: 425–917–6590; email: current standard instrument approach
series or P/N CA625 series on any airplane. stanley.chen@faa.gov. and departure procedures for the safety

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Document Created: 2017-02-13 23:40:31
Document Modified: 2017-02-13 23:40:31
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This AD is effective March 16, 2017.
Contact		Stanley Chen, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6585; fax: 425-917-6590; email: [email protected]
FR Citation		82 FR 10541
RIN Number		2120-AA64
CFR Associated		Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety
82 FR 10541 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 82, Issue 29 (February 14, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
