AD 2017-02-03

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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

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:

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.

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.

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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):