[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Proposed Rules]
[Pages 39188-39194]
[FR Doc No: 2012-16099]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1160; Directorate Identifier 2010-NM-148-AD]
RIN 2120-AA64

Airworthiness Directives; the Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) to supersede an existing AD for all The Boeing Company Model 767
airplanes. The existing AD currently requires repetitive inspections to
detect discrepancies of the wiring and surrounding Teflon sleeves of
the fuel tank boost pumps and override/jettison pumps; replacement of
the sleeves with new sleeves, for certain airplanes; and repair or
replacement of the wiring and sleeves with new parts, as necessary. The
previous NPRM proposed to reduce the initial compliance time and
repetitive inspection interval in the existing AD. The previous NPRM
was prompted by fleet information indicating that the repetitive
inspection interval in the existing AD is too long because excessive
chafing of the sleeving continues to occur much earlier than expected
between scheduled inspections. This action revises the previous NPRM by
proposing a terminating action for the repetitive inspections, to
eliminate wire damage. This action also removes certain airplanes from
the applicability of the previous NPRM. We are proposing this
supplemental NPRM to detect and correct chafing of the fuel pump wire
insulation and consequent exposure of the electrical conductor, which
could result in electrical arcing between the wires and conduit and
consequent fire or explosion of the fuel tank.
    Since these actions impose an additional burden over that proposed
in the previous NPRM, we are reopening the comment period to allow the
public the chance to comment on these proposed changes.

DATES: We must receive comments on this supplemental NPRM by August 16,
2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; 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, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Rebel Nichols, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone:
425-917-6509; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-1160;
Directorate Identifier 2010-NM-148-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 to supersede AD 2000-11-
06, Amendment 39-11754 (65 FR 34928, June 1, 2000; corrected August 1,
2000 (65 FR 46862)), that would apply to all Model 767-200, -300, -
300F, and -400ER series airplanes. That NPRM published in the Federal
Register on December 14, 2010 (75 FR 77790). The existing AD currently
requires repetitive inspections to detect discrepancies of the wiring
and surrounding Teflon sleeves of the fuel tank boost pumps and
override/jettison pumps; replacement of the sleeves with new sleeves,
for certain airplanes; and repair or replacement of the wiring and
sleeves with new parts, as necessary. That NPRM proposed to reduce the
initial compliance time and repetitive inspection interval in the
existing AD.

Actions Since Previous NPRM (75 FR 77790, December 14, 2010) Was Issued

    Since we issued the previous NPRM (75 FR 77790, December 14, 2010),
the manufacturer has issued Boeing Alert Service Bulletin 767-28A0104,
Revision 1, dated March 2, 2012, to replace the fuel boost pump and
override/jettison pump wire bundles inside the in-tank conduits with
new wire bundles. The new wire bundles have liners which hold the fuel
pump power wires away from the sides of the metal conduit, to eliminate
chafing. Boeing Alert Service Bulletin 767-28A0104, Revision 1, dated
March 2, 2012, also removes certain airplanes from the effectivity.

Comments

    We gave the public the opportunity to comment on the previous NPRM
(75 FR 77790, December 14, 2010). The following presents the comments
received on the previous NPRM and the FAA's response to each comment.

Request To Delay Issuance of the Previous NPRM (75 FR 77790, December
14, 2010)

    Continental Airlines (CAL) asked that we delay issuance of the
previous NPRM (75 FR 77790, December 14, 2010) until Boeing Alert
Service Bulletin 767-28A0104, dated January 25, 2011, is revised to
include a change to the airplane fuel boost pump and override jettison
pump wiring. CAL stated that it was informed that the revised bulletin
was currently in the approval process. CAL noted that, in accordance
with Boeing Alert Service Bulletin 767-28A0104, dated January 25, 2011,
paragraph (e) of the previous NPRM provides the information regarding
the unsafe condition and reduction of repetitive inspection intervals.
CAL also stated that, although these repetitive inspection intervals
may detect and correct chafing of the fuel pump wire insulation and
consequent exposure of the electrical conductor,

which could result in an unsafe condition, the following issues are
created by the service information referenced in the previous NPRM:
     Does not provide requirements of system design changes to
permanently eliminate the unsafe condition.
     Does impose operational and logistical difficulties to
operator with the scheduling of the short repetitive inspection
intervals.
     Does impose additional economic burden to operator with
the repetitive maintenance inspection requirements in lieu of one-time
low cost terminating action.
    We do not agree to delay issuing the supplemental NPRM because the
proposed actions are required to address the unsafe condition. However,
we do agree that the revised service information should be included in
this supplemental NPRM. As explained previously, Boeing has issued
Alert Service Bulletin 767-28A0104, Revision 1, dated March 2, 2012.
That service bulletin includes procedures for a wiring change to the
fuel boost pump and override/jettison pump. We reviewed that service
bulletin and have included it in a new terminating action specified in
paragraph (l) of this supplemental NPRM.

Requests To Clarify Applicability

    Boeing asked that we revise the applicability identified in the
previous NPRM (75 FR 77790, December 14, 2010) to include specific
airplane effectivities. Boeing stated that production-certified changes
implemented at line number 990 and on constituted terminating action
against inspection requirements of the Teflon sleeves around the
wiring. Boeing noted that the service information referenced in the
previous NPRM is being revised to limit the airplane effectivity up to
and including line number 989. CAL stated that, in the Boeing 767
Airplane Maintenance Manual there are two fuel pump wire installation
configurations for the Model 767 fleet. CAL added that the previous
NPRM does not provide a specific clarification as to which airplane
configuration the regulatory requirements apply, other than the
effectivity of Boeing Alert Service Bulletin 767-28A0053, Revision 2,
dated June 24, 2010.
    We agree that the applicability (all Model 767-200, -300, -300F,
and -400ER series airplanes) specified in the previous NPRM (75 FR
77790, December 14, 2010) should be clarified, and have determined that
not all airplanes are affected. Boeing has issued Service Bulletin 767-
28A0053, Revision 3, dated November 11, 2011. Boeing Service Bulletin
767-28A0053, Revision 1, dated August 5, 1999; and Boeing Alert Service
Bulletin 767-28A0053, Revision 2, dated June 24, 2010; were referred to
as the sources of service information for accomplishing certain actions
in the previous NPRM. Revision 3 of Boeing Service Bulletin 767-
28A0053, dated November 11, 2011, specifies no more work is necessary
on airplanes changed in accordance with Boeing Service Bulletin 767-
28A0053, Revision 1, dated August 5, 1999; or Boeing Alert Service
Bulletin 767-28A0053, Revision 2, dated June 24, 2010. Boeing Service
Bulletin 767-28A0053, Revision 3, dated November 11, 2011, clarifies
the effectivity and certain procedures in the Accomplishment
Instructions, and removes the optional fuel pump check. We have added
Boeing Service Bulletin 767-28A0053, Revision 3, dated November 11,
2011, as a source of service information for accomplishing the required
actions in this supplemental NPRM. We have also changed the
applicability in this supplemental NPRM from ``all'' to ``as identified
in Boeing Service Bulletin 767-28A0053, Revision 3, dated November 11,
2011.''

Requests To Include Information Notice

    United Airlines (UAL) asked that we include Boeing Service Bulletin
Information Notice 767-28A0053 IN05, dated August 12, 2010, in the
previous NPRM (75 FR 77790, December 14, 2010). UAL stated that this
information notice informs operators that Boeing Alert Service Bulletin
767-28A0053, Revision 2, dated June 24, 2010, will be revised to
provide optional connector part numbers and delete the optional fuel
pump check. UAL noted that this would allow operators to use the
information notice without the need to request an alternative method of
compliance (AMOC). All Nippon Airways also asked that we allow the use
of optional connectors.
    As noted above, Boeing has issued Service Bulletin 767-28A0053,
Revision 3, dated November 11, 2011. Boeing Service Bulletin 767-
28A0053, Revision 3, dated November 11, 2011, incorporates the changes
in Boeing Service Bulletin Information Notice 767-28A0053 IN05, dated
August 12, 2010, into the Accomplishment Instructions. Therefore, no
change to this supplemental NPRM is necessary in this regard.

Request To Include Terminating Action

    UAL asked that terminating action for the repetitive inspections be
added to the previous NPRM (75 FR 77790, December 14, 2010). UAL noted
that Boeing may be developing a solution that would terminate the
inspections proposed by the previous NPRM.
    As noted above, Boeing has issued Alert Service Bulletin 767-
28A0104, Revision 1, dated March 2, 2012. Boeing Alert Service Bulletin
767-28A0104, Revision 1, dated March 2, 2012, adds replacement of the
fuel boost pump and override/jettison pump wire bundles with new wire
bundles; which eliminates the need for the repetitive inspections. We
have added a new paragraph (l) to this supplemental NPRM to include
that terminating action.

Requests To Clarify Certain Requirement

    American Airlines (AAL) asked for clarification on the following
items:
     Paragraph (g) of the previous NPRM (75 FR 77790, December
14, 2010) used the word ``splice'' in the examples of discrepancies;
however, AAL noted that the referenced service bulletin does not use
the word ``splice'' and it is not aware of any practical methods to
splice Teflon. AAL did not ask for a change.
     Paragraphs (h) and (i) of the previous NPRM (75 FR 77790,
December 14, 2010) refer to paragraph D. of the Accomplishment
Instructions of Boeing Alert Service Bulletin 767-28A0053, Revision 2,
dated June 24, 2010. This reference is correct in Boeing Service
Bulletin 767-28A0053, Revision 1, dated August 5, 1999, but is
incorrect in Boeing Alert Service Bulletin 767-28A0053, Revision 2,
dated June 24, 2010, because the numbering scheme in the revised
service information has changed.
     Paragraph (i)(2)(ii) of the previous NPRM (75 FR 77790,
December 14, 2010) refers to ``paragraph (a) of this AD.'' However,
this reference should be changed to paragraph (g) of this AD because
the numbering scheme of the previous NPRM has changed from that
specified in the existing AD.
     Paragraph (j) of the previous NPRM (75 FR 77790, December
14, 2010) refers to paragraphs G., H., I., or J. of Boeing Service
Bulletin 767-28A0053, Revision 1, dated August 5, 1999, but omits
references to Boeing Alert Service Bulletin 767-28A0053, Revision 2,
dated June 24, 2010.
    We agree with the commenter's concerns and offer the following
clarifications:
     We have removed the word ``splices'' from paragraph (g) of
this supplemental NPRM for clarity.
     We have removed the specific reference to ``paragraph D.''
of the Accomplishment Instructions from

paragraphs (h) and (i) of this supplemental NPRM for clarity.
     We have changed the reference to paragraph (a) in
paragraph (i)(2)(ii) of the previous NPRM (75 FR 77790, December 14,
2010) to paragraph (g) in this supplemental NPRM to refer to the
correct paragraph identifier.
     We have removed the reference to paragraphs G., H., I., or
J. in paragraph (j) of this supplemental NPRM, since there are three
versions of the service bulletin. We have included references to Boeing
Alert Service Bulletin 767-28A0053, Revision 2, dated June 24, 2010;
and Boeing Service Bulletin 767-28A0053, Revision 3, dated November 11,
2011; in paragraph (j) of this supplemental NPRM.
    UAL also asked that paragraphs (h) and (i) of the previous NPRM (75
FR 77790, December 14, 2010) be revised for clarification. UAL stated
that those paragraphs refer to paragraph D. of the Accomplishment
Instructions of Boeing Alert Service Bulletin 767-28A0053, Revision 2,
dated June 24, 2010, and there is no paragraph D. in Revision 2 of that
service bulletin. UAL asked that we change those paragraphs for
clarification. In addition, UAL asked that we refer to Boeing Alert
Service Bulletin 767-28A0053, Revision 2, dated June 24, 2010; or
Revision 3, dated November 11, 2011; in paragraph (j) of the previous
NPRM.
    As noted above, we agree and have removed the specific reference to
``paragraph D.'' of the Accomplishment Instructions of Boeing Alert
Service Bulletin 767-28A0053, Revision 2, dated June 24, 2010, from
paragraphs (h) and (i) of this supplemental NPRM. We also revised
paragraph (j) of this supplemental NPRM to refer to Boeing Alert
Service Bulletin 767-28A0053, Revision 2, dated June 24, 2010; or
Revision 3, dated November 11, 2011.

Request To Remove Reporting Requirement

    AAL asked that the reporting requirement in paragraph (k) of the
previous NPRM (75 FR 77790, December 14, 2010) be removed. AAL stated
that paragraph (k) of the previous NPRM contains the following
language, ``Submit a report of positive inspection findings (findings
of discrepancies only), along with any damaged wiring and sleeves, to
the Seattle Manufacturing Inspection District Office (MIDO) * * *'' AAL
noted that this statement is identical to paragraph (e) of the existing
AD, and added that any additional damaged wiring and sleeving reports
sent to the FAA in Seattle would not have an appreciable benefit in
finding a solution to the chafing problem. AAL asked that this
paragraph be removed, or if not removed, extended due to the nature of
the inspections and the ability to report any damaged wiring and
sleeving within the 10-day compliance time.
    We agree with the commenter because the benefit of reporting after
so many years is minimal. The data necessary for determining a
permanent fix for the wiring has been compiled, and there is a
terminating modification for the wiring specified in paragraph (l) of
this supplemental NPRM. Therefore, we have removed paragraph (k) of the
previous NPRM (75 FR 77790, December 14, 2010), and the related
paperwork reduction act language in paragraph (m) of the previous NPRM,
and reidentified subsequent paragraphs in this supplemental NPRM
accordingly.

Request To Restate Incorporation by Reference and Special Flight Permit
Paragraphs

    AAL noted the absence of the Special Flight Permits and
Incorporation by Reference paragraphs, in paragraphs (g) and (h) of the
existing AD, and asked that those paragraphs be restated in the
previous NPRM (75 FR 77790, December 14, 2010).
    We acknowledge the commenter's concerns. However, the Special
Flight Permits paragraph specified in the existing AD has now been
removed from all ADs because that information is contained in sections
21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199). The Incorporation by Reference section of an AD is only
included in final rules to incorporate the required service
information. Therefore, those paragraphs are not restated in this
supplemental NPRM.

Request To Include Alternative Methods of Compliance

    CAL and UAL asked that Boeing Service Bulletins 767-28A0079 and
767-28A0080, which have been approved by the Seattle Aircraft
Certification Office (ACO) as an AMOC to AD 2000-11-06, Amendment 39-
11754 (65 FR 34928, June 1, 2000; corrected August 1, 2000 (65 FR
46862)), be approved as an AMOC for the corresponding requirements in
the previous NPRM (75 FR 77790, December 14, 2010).
    All Nippon Airways noted that its AMOC, Letter 140S-10-385, dated
October 21, 2010, is also approved by the Seattle ACO as an AMOC to AD
2000-11-06, Amendment 39-11754 (65 FR 34928, June 1, 2000; corrected
August 1, 2000 (65 FR 46862)). We infer that All Nippon Airways is
asking that the letter be approved as an AMOC for the corresponding
requirements in the previous NPRM (75 FR 77790, December 14, 2010).
    We agree with the commenters' requests. Paragraph (n)(3) of this
supplemental NPRM includes previously approved AMOCs to AD 2000-11-06,
Amendment 39-11754 (65 FR 34928, June 1, 2000; corrected August 1, 2000
(65 FR 46862)), as AMOCs with the corresponding requirements of this
supplemental NPRM. The terminating action and reduced inspection
intervals in this supplemental NPRM have no corresponding action in AD
2000-11-06. Therefore, no change to the supplemental NPRM is necessary
in this regard.

Request To Change Compliance Time

    UAL asked that the compliance time for certain inspections
specified in the previous NPRM (75 FR 77790, December 14, 2010) be
changed. UAL stated that paragraph (l)(1) of the previous NPRM requires
inspecting within 15,000 flight hours after the most recent inspection
or within 6,000 flight hours after the effective date of the AD,
whichever occurs later, but not to exceed 60,000 flight hours after the
most recent inspection required by paragraph (g) of the previous NPRM.
UAL suggested that the compliance time be changed to within 60,000
flight hours or 30,000 flight cycles after the effective date of the
AD, whichever occurs first.
    We do not agree with the commenter. In developing an appropriate
compliance time for the inspections, we considered not only the degree
of urgency associated with addressing the subject unsafe condition, but
the manufacturer's recommendation for an appropriate compliance time,
and the practical aspect of accomplishing the required inspections
within a period of time that corresponds to the normal scheduled
maintenance for most affected operators. However, under the provisions
of paragraph (n) of this supplemental NPRM, we will consider requests
for approval of a change to the compliance time if sufficient data are
submitted to substantiate that the new compliance time would provide an
acceptable level of safety. No change to this supplemental NPRM is
necessary in this regard.

Request To Increase Work-Hours in Costs of Compliance

    UAL asked that we increase the number of work-hours specified in
the previous NPRM (75 FR 77790, December 14, 2010) for the actions done

on airplanes with and without jettison pumps. UAL stated that Boeing
Alert Service Bulletin 767-28A0053, Revision 2, dated June 24, 2010,
specifies 6.5 work-hours to do the actions for airplanes with jettison
pumps, and 5.25 work-hours to do the actions for airplanes without
jettison pumps.
    We agree with the commenter for the reasons provided. We have
increased the number of work-hours for those airplanes in the Costs of
Compliance section of this supplemental NPRM accordingly.

Changes to Supplemental NPRM

    We have added a new paragraph (m) to this supplemental NPRM to
provide credit for actions performed before the effective date of the
AD using Boeing Service Bulletin 767-28A0104, dated January 25, 2011.
    We have removed Note 1 of the previous NPRM (75 FR 77790, December
14, 2010).
    We have revised certain headings throughout this supplemental NPRM.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all
the relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design. Certain changes described above expand the scope of the
previous NPRM (75 FR 77790, December 14, 2010). As a result, we have
determined that it is necessary to reopen the comment period to provide
additional opportunity for the public to comment on this supplemental
NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require accomplishing the actions
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD affects 414 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                Cost on U.S.
              Action                   Labor cost          Parts cost       Cost per product       operators
----------------------------------------------------------------------------------------------------------------
Actions for airplanes with         7 work-hours x $85  None..............  $595 per            Up to $246,330
 jettison pumps, required by AD     per hour = $595                         inspection cycle.   per inspection
 2000-11-06, Amendment 39-11754     per inspection                                              cycle.
 (65 FR 34928, June 1, 2000;        cycle.
 corrected August 1, 2000 (65 FR
 46862)).
Actions for airplanes without      5 work-hours x $85  None..............  $425 per            Up to $175,950
 jettison pumps, required by AD     per hour = $425                         inspection cycle.   per inspection
 2000-11-06, Amendment 39-11754     per inspection                                              cycle.
 (65 FR 34928, June 1, 2000;        cycle.
 corrected August 1, 2000 (65 FR
 46862)).
New proposed action: Replace       33 work hours x     $6,061............  $8,866............  $3,670,524
 existing wire bundles with new     $85 per hour =
 wire bundles.                      $2,805.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                  Action                                    Labor cost                   Parts cost    product
----------------------------------------------------------------------------------------------------------------
Replace wire bundle sleeves if damage       1 work hour x $85 per hour = $85..........       $1,452       $1,537
 found during inspections.
----------------------------------------------------------------------------------------------------------------

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

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the 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.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive
(AD) 2000-11-06, Amendment 39-11754 (65 FR 34928, June 1, 2000;
corrected August 1, 2000 (65 FR 46862)), and adding the following new
AD:

The Boeing Company: Docket No. FAA-2010-1160; Directorate Identifier
2010-NM-148-AD.

(a) Comments Due Date

    We must receive comments by August 16, 2012.

(b) Affected ADs

    This AD supersedes AD 2000-11-06, Amendment 39-11754 (65 FR
34928, June 1, 2000; corrected August 1, 2000 (65 FR 46862)).

(c) Applicability

    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 767-28A0053, Revision 3, dated
November 11, 2011.

(d) Subject

    Air Transport Association (ATA) of America Code 28: Fuel.

(e) Unsafe Condition

    This AD was prompted by fleet information indicating that the
repetitive inspection interval in the existing AD is too long
because excessive chafing of the sleeving continues to occur much
earlier than expected between scheduled inspections. We are issuing
this AD to detect and correct chafing of the fuel pump wire
insulation and consequent exposure of the electrical conductor,
which could result in electrical arcing between the wires and
conduit and consequent fire or explosion of the fuel tank.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Retained Repetitive Inspections

    This paragraph restates the requirements of paragraph (a) of AD
2000-11-06, Amendment 39-11754 (65 FR 34928, June 1, 2000; corrected
August 1, 2000 (65 FR 46862)), with revised service information.
Perform a detailed visual inspection to detect discrepancies--
including the presence of cuts, splits, holes, worn areas, and
lacing ties installed on the outside of the sleeves (except at the
sleeve ends)--of the Teflon sleeves surrounding the wiring of the
fuel tank boost pumps and override/jettison pumps, at the earlier of
the times specified in paragraphs (g)(1) and (g)(2) of this AD, in
accordance with Boeing Service Bulletin 767-28A0053, Revision 1,
dated August 5, 1999; Boeing Alert Service Bulletin 767-28A0053,
Revision 2, dated June 24, 2010; or Boeing Service Bulletin 767-
28A0053, Revision 3, dated November 11, 2011. Repeat the inspection
thereafter at intervals not to exceed 60,000 flight hours or 30,000
flight cycles, whichever occurs first. As of the effective date of
this AD, only Boeing Alert Service Bulletin 767-28A0053, Revision 3,
dated November 11, 2011, may be used to do the actions required by
this paragraph.
    (1) Prior to the accumulation of 50,000 total flight hours, or
within 90 days after July 6, 2000 (the effective date of AD 2000-11-
06, Amendment 39-11754 (65 FR 34928, June 1, 2000; corrected August
1, 2000 (65 FR 46862)), whichever occurs later.
    (2) Within 18 months after July 6, 2000 (the effective date of
AD 2000-11-06, Amendment 39-11754 (65 FR 34928, June 1, 2000;
corrected August 1, 2000 (65 FR 46862)).

(h) Retained Corrective Actions

    This paragraph restates the requirements of paragraph (b) of AD
2000-11-06, Amendment 39-11754 (65 FR 34928, June 1, 2000; corrected
August 1, 2000 (65 FR 46862)), with revised service information. If
any discrepancy is detected during any inspection required by
paragraph (g) of this AD: Prior to further flight, remove the Teflon
sleeves and perform a detailed visual inspection to detect damage of
the wiring, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 767-28A0053, Revision 1, dated August 5,
1999; Boeing Alert Service Bulletin 767-28A0053, Revision 2, dated
June 24, 2010; or Boeing Service Bulletin 767-28A0053, Revision 3,
dated November 11, 2011. As of the effective date of this AD, only
Boeing Alert Service Bulletin 767-28A0053, Revision 3, dated
November 11, 2011, may be used to do the actions required by this
AD.
    (1) If no damage to the wiring is detected, prior to further
flight, install new Teflon sleeves, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 767-28A0053,
Revision 1, dated August 5, 1999; Boeing Alert Service Bulletin 767-
28A0053, Revision 2, dated June 24, 2010; or Boeing Service Bulletin
767-28A0053, Revision 3, dated November 11, 2011. As of the
effective date of this AD, only Boeing Alert Service Bulletin 767-
28A0053, Revision 3, dated November 11, 2011, may be used to do the
actions required by this AD.
    (2) If any damage to the wiring is detected, prior to further
flight, accomplish the requirements of paragraph (i) of this AD.

(i) Retained Corrective Actions

    This paragraph restates the requirements of paragraph (c) of AD
2000-11-06, Amendment 39-11754 (65 FR 34928, June 1, 2000; corrected
August 1, 2000 (65 FR 46862)), with revised service information. If
any damage to the wiring is detected during any inspection required
by paragraph (h) of this AD: Prior to further flight, perform a
detailed visual inspection to determine if the wiring damage was
caused by arcing, in accordance with the Accomplishment Instructions
of Boeing Service Bulletin 767-28A0053, Revision 1, dated August 5,
1999; Boeing Alert Service Bulletin 767-28A0053, Revision 2, dated
June 24, 2010; or Boeing Service Bulletin 767-28A0053, Revision 3,
dated November 11, 2011. As of the effective date of this AD, only
Boeing Alert Service Bulletin 767-28A0053, Revision 3, dated
November 11, 2011, may be used to do the actions required by this
AD.
    (1) If the wire damage was not caused by arcing: Prior to
further flight, repair any damaged wires or replace the wires with
new or serviceable wires, as applicable, and install new Teflon
sleeves, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 767-28A0053, Revision 1, dated August 5,
1999; Boeing Alert Service Bulletin 767-28A0053, Revision 2, dated
June 24, 2010; or Boeing Service Bulletin 767-28A0053, Revision 3,
dated November 11, 2011. As of the effective date of this AD, only
Boeing Alert Service Bulletin 767-28A0053, Revision 3, dated
November 11, 2011, may be used to do the actions required by this
AD.
    (2) If any damage caused by arcing is found: Prior to further
flight, perform an inspection for signs of fuel inside the conduit
or on the wires, in accordance with the Accomplishment Instructions
of Boeing Service Bulletin 767-28A0053, Revision 1, dated August 5,
1999; Boeing Alert Service Bulletin 767-28A0053, Revision 2, dated
June 24, 2010; or Boeing Service Bulletin 767-28A0053, Revision 3,
dated November 11, 2011. As of the effective date of this AD, only
Boeing Alert Service Bulletin 767-28A0053, Revision 3, dated
November 11, 2011, may be used to do the actions required by this
AD.
    (i) If no sign of fuel is found, accomplish the actions
specified by paragraphs (i)(2)(i)(A), (i)(2)(i)(B), (i)(2)(i)(C),
and (i)(2)(i)(D) of this AD.
    (A) Prior to further flight, repair the wires or replace the
wires with new or serviceable wires, as applicable, in accordance
with the Accomplishment Instructions of Boeing Service Bulletin 767-
28A0053, Revision 1, dated August 5, 1999; Boeing Alert Service
Bulletin 767-28A0053, Revision 2, dated June 24, 2010; or Boeing
Service Bulletin 767-28A0053, Revision 3, dated November 11, 2011.
As of the effective date of this AD, only Boeing Alert Service
Bulletin 767-28A0053, Revision 3, dated November 11, 2011, may be
used to do the actions required by this AD.
    (B) Prior to further flight, install new Teflon sleeves, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 767-28A0053, Revision 1, dated August 5, 1999; Boeing Alert
Service Bulletin 767-28A0053, Revision 2, dated June 24, 2010; or
Boeing Service Bulletin 767-28A0053, Revision 3, dated November 11,
2011. As of the effective date of this AD, only Boeing Alert Service
Bulletin 767-28A0053, Revision 3, dated November 11, 2011, may be
used to do the actions required by this AD.
    (C) Repeat the inspection for signs of fuel inside the conduit
thereafter at intervals not to exceed 500 flight hours, until the

requirements of paragraph (h)(2)(i)(D) of this AD have been
accomplished. If any fuel is found inside the conduit during any
inspection required by this paragraph, prior to further flight,
replace the conduit with a new or serviceable conduit in accordance
with the Accomplishment Instructions of Boeing Service Bulletin 767-
28A0053, Revision 1, dated August 5, 1999; Boeing Alert Service
Bulletin 767-28A0053, Revision 2, dated June 24, 2010; or Boeing
Service Bulletin 767-28A0053, Revision 3, dated November 11, 2011.
Thereafter, repeat the inspection specified in paragraph (g) of this
AD at intervals not to exceed 60,000 flight hours or 30,000 flight
cycles, whichever occurs first. As of the effective date of this AD,
only Boeing Alert Service Bulletin 767-28A0053, Revision 3, dated
November 11, 2011, may be used to do the actions required by this
AD.
    (D) Within 6,000 flight hours or 18 months after the initial
fuel inspection specified by paragraph (h)(2) of this AD, whichever
occurs first, replace the conduit with a new or serviceable conduit,
in accordance with the Accomplishment Instructions of Boeing Service
Bulletin 767-28A0053, Revision 1, dated August 5, 1999; Boeing Alert
Service Bulletin 767-28A0053, Revision 2, dated June 24, 2010; or
Boeing Service Bulletin 767-28A0053, Revision 3, dated November 11,
2011. Such conduit replacement constitutes terminating action for
the repetitive fuel inspections required by paragraph (i)(2)(i)(C)
of this AD. As of the effective date of this AD, only Boeing Alert
Service Bulletin 767-28A0053, Revision 3, dated November 11, 2011,
may be used to do the actions required by this AD.
    (ii) If any fuel is found in the conduit or on any wire: Prior
to further flight, replace the conduit with a new or serviceable
conduit, replace damaged wires with new or serviceable wires, and
install new Teflon sleeves; in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 767-28A0053, Revision 1,
dated August 5, 1999; Boeing Alert Service Bulletin 767-28A0053,
Revision 2, dated June 24, 2010; or Boeing Service Bulletin 767-
28A0053, Revision 3, dated November 11, 2011. Thereafter, repeat the
inspection specified in paragraph (g) of this AD at intervals not to
exceed 60,000 flight hours or 30,000 flight cycles, whichever occurs
first. As of the effective date of this AD, only Boeing Alert
Service Bulletin 767-28A0053, Revision 3, dated November 11, 2011,
may be used to do the actions required by this AD.

(j) Retained Pump Retest

    This paragraph restates the requirements of paragraph (d) of AD
2000-11-06, Amendment 39-11754 (65 FR 34928, June 1, 2000; corrected
August 1, 2000 (65 FR 46862)), with revised service information. For
any wire bundle removed and reinstalled during any inspection
required by this AD: Prior to further flight after such
reinstallation, retest the fuel pump in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 767-28A0053,
Revision 1, dated August 5, 1999; Boeing Alert Service Bulletin 767-
28A0053, Revision 2, dated June 24, 2010; or Boeing Service Bulletin
767-28A0053, Revision 3, dated November 11, 2011. As of the
effective date of this AD, only Boeing Alert Service Bulletin 767-
28A0053, Revision 3, dated November 11, 2011, may be used to do the
actions required by this AD.

(k) New Repetitive Inspections With Reduced Inspection Intervals

    Do the inspection required by paragraph (g) of this AD at the
time specified in paragraph (l)(1) or (l)(2) of this AD, as
applicable, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 767-28A0053, Revision 3, dated
November 11, 2011. Repeat the inspection thereafter at intervals not
to exceed 15,000 flight hours. Accomplishing the first inspection in
this paragraph ends the repetitive inspection requirements in
paragraph (g) of this AD.
    (1) For airplanes on which the inspection required by paragraph
(g) of this AD has been done as of the effective date of this AD: Do
the inspection within 15,000 flight hours after the most recent
inspection or within 6,000 flight hours after the effective date of
this AD, whichever occurs later; but not to exceed 60,000 flight
hours after the most recent inspection required by paragraph (g) of
this AD.
    (2) For airplanes on which the inspection required by paragraph
(g) of this AD has not been done as of the effective date of this
AD: Do the inspection before the accumulation of 15,000 total flight
hours or within 6,000 flight hours after the effective date of this
AD, whichever occurs later.

(l) New Terminating Action

    Within 60 months after the effective date of this AD: Replace
the fuel boost pump and override/jettison pump wire bundles inside
the in-tank electrical conduit with new wire bundles, in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin 767-28A0104, Revision 1, dated March 2, 2012. Accomplishing
the replacement specified in this paragraph ends the repetitive
inspection requirements in paragraph (k) of this AD.

(m) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (l) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin 767-
28A0104, dated January 25, 2011.

(n) 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 the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (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) AMOCs approved previously in accordance with AD 2000-11-06,
Amendment 39-11754 (65 FR 34928, June 1, 2000; corrected August 1,
2000 (65 FR 46862)), are approved as AMOCs with the corresponding
requirements of this AD. Compliance time extensions approved
previously in accordance with AD 2000-11-06 are not approved as
AMOCs for the compliance times required by paragraph (k) of this AD.

(o) Related Information

    (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,
Washington 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, Washington. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on June 22, 2012.
Jeffrey Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-16099 Filed 6-29-12; 8:45 am]
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[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Notices]
[Page 57166]
[FR Doc No: 2021-22361]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4446-DR; Docket ID FEMA-2021-0001]

Ponca Tribe of Nebraska; Amendment No. 2 to Notice of a Major
Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster for the
Ponca Tribe of Nebraska (FEMA-4446-DR), dated June 17, 2019, and
related determinations.

DATES: This amendment was issued July 21, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated July 21, 2021, the President amended the cost-sharing
arrangements regarding Federal funds provided under the authority of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''), in a letter to Deanne
Criswell, Administrator, Federal Emergency Management Agency,
Department of Homeland Security, under Executive Order 12148, as
follows:

    I have determined that the damage to the lands associated with
the Ponca Tribe of Nebraska resulting from severe storms and
flooding during the period of March 13 to April 1, 2019, is of
sufficient severity and magnitude that special cost sharing
arrangements are warranted regarding federal funds provided under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
42 U.S.C. 5121 et seq. (the ``Stafford Act'').
    Therefore, I amend the declaration of June 17, 2019, to
authorize Federal funds for all categories of Public Assistance at
90 percent of total eligible costs.
    This adjustment to the cost sharing applies only to Public
Assistance costs and direct Federal assistance eligible for such
adjustments under the law. The Robert T. Stafford Disaster Relief
and Emergency Assistance Act specifically prohibits a similar
adjustment for funds provided for the Hazard Mitigation Grant
Program (Section 404). These funds will continue to be reimbursed at
75 percent of total eligible costs.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-22361 Filed 10-13-21; 8:45 am]
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