[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Rules and Regulations]
[Pages 20065-20067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07037]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0433; Project Identifier AD-2022-00619-T; 
Amendment 39-22381; AD 2023-05-12]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
The Boeing Company Model 767-2C series airplanes. This AD was prompted 
by arcing on an electrical terminal lug in a certain electrical power 
panel that caused heat and smoke damage, as a result of a loose power 
feeder terminal lug connection. This AD requires inspection of each 
terminal lug on certain electrical power panels for evidence of arcing 
and/or loose connection and applicable on-condition actions. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective April 20, 2023.
    The FAA must receive comments on this AD by May 22, 2023.

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 regulations.gov. Follow 
the instructions for submitting comments.
     Fax: 202-493-2251.
     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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov by 
searching for and locating Docket No. FAA-2023-0433; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this final rule, any 
comments received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Hien T. Nguyen, Aerospace Engineer, 
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone: 405-954-5298; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA received a report of an arcing event on an electrical 
terminal lug in the P34 panel that caused heat and smoke damage within 
the panel. It was determined that the arcing was a result of a loose 
power feeder terminal lug connection. An investigation into the root 
cause determined that the terminal lug was not torqued to the required 
specifications resulting in a loose connection. The under-torqued 
terminal lug was determined to be a workmanship issue. Additional 
inspections to other electrical power panels resulted in multiple 
findings of under-torqued terminal lugs. Under-torqued terminal lugs, 
if not addressed, could result in arcing that may lead to loss of 
critical function and loss of continued safe flight and landing. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the 
unsafe condition described previously is likely to exist or develop in 
other products of the same type design.

AD Requirements

    This AD requires a general visual inspection of electrical terminal 
lugs, wires, and attached components in certain electrical power panels 
for electrical arcing damage, and repair or replacement of any damaged 
part; and a detailed inspection of each terminal lug for loose lugs in 
certain power panels, and retorquing each loose terminal lug.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    There are currently no affected airplanes on the U.S. Register. 
Accordingly, notice and opportunity for prior public comment are 
unnecessary, pursuant to 5 U.S.C. 553(b)(3). In addition, for the 
foregoing reason(s), the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include Docket No. FAA-2023-0433 and Project Identifier AD-
2022-00619-T at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Hien T. 
Nguyen, Aerospace Engineer, Systems and

[[Page 20066]]

Equipment Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone: 405-954-5298; email: [email protected]. 
Any commentary that the FAA receives that is not specifically 
designated as CBI will be placed in the public docket for this 
rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. For any 
affected airplane that is imported and placed on the U.S. Register in 
the future, the FAA provides the following cost estimates to comply 
with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                 Action                             Labor cost             Parts cost       Cost per product
----------------------------------------------------------------------------------------------------------------
Inspections............................  43 work-hours x $85 per hour =            $0  $3,655 per inspection
                                          $3,655 per inspection cycle.                  cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of the 
inspections. The FAA has no way of determining the number of aircraft 
that might need these on-condition actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                       Cost per
                    Action                                    Labor cost                 Parts cost    product
----------------------------------------------------------------------------------------------------------------
Remove and Replace............................  1 work-hour x $85 per hour = $85......           $0          $85
Apply Torque..................................  1 work-hour x $85 per hour = $85......            0           85
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the replacement parts or repairs specified in this AD.

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.
    The FAA is 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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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:

2023-05-12 The Boeing Company: Amendment 39-22381; Docket No. FAA-
2023-0433; Project Identifier AD-2022-00619-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 20, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 767-2C series 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical 
Power.

(e) Unsafe Condition

    This AD was prompted by a report of an arcing event on an 
electrical terminal lug that caused heat and smoke damage within the 
power panel. The FAA is issuing this AD to address under-torqued 
power feeder terminal lugs and possible loose connections. The 
unsafe condition, if not addressed, could lead to loss of critical 
function and loss of continued safe flight and landing.

(f) Compliance

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

(g) Required Actions

    Within 10 months after the effective date of this AD, do the 
actions specified in paragraphs (g)(1) and (2) of this AD, in 
accordance with a method approved by the Manager, Seattle ACO 
Branch, FAA.
    (1) Do a general visual inspection (GVI) for electrical arcing 
damage of electrical terminal lugs, wires, and attached components 
in certain power panels, and before further flight, repair any 
damage found.

[[Page 20067]]

    (2) Do a detailed inspection of each terminal lug for loose lugs 
in power panels, and, before further flight, apply torque to each 
loose terminal lug.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, 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 responsible Flight Standards Office, 
as appropriate. If sending information directly to the manager of 
the certification office, send it to the attention of the person 
identified in paragraph (i) of this AD. Information may be emailed 
to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards 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 Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Seattle 
ACO Branch, FAA, 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.

(i) Related Information

    For more information about this AD, contact Hien T. Nguyen, 
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone: 405-954-
5298; email: [email protected].

(j) Material Incorporated by Reference

    None.

    Issued on March 9, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07037 Filed 4-4-23; 8:45 am]
BILLING CODE 4910-13-P


