[Federal Register Volume 67, Number 114 (Thursday, June 13, 2002)]
[Rules and Regulations]
[Pages 40589-40591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14584]



[[Page 40589]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-382-AD; Amendment 39-12777; AD 2002-12-05]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 767-200 series airplanes, that 
requires repetitive inspections of the side panels of the nose wheel 
well for broken rivets and replacement of any broken rivets with bolts. 
This amendment also requires follow-on inspections of adjacent areas 
for cracks or broken rivets, whenever two or more adjacent broken 
rivets are found; repair of any cracks; and replacement of any broken 
rivets with bolts. Finally, this amendment provides for the optional 
replacement of all rivets in the affected areas with bolts, which 
terminates the repetitive inspections. The actions specified by this AD 
are intended to detect and correct broken rivets in the nose wheel well 
side panels and top panel, which could impair the function of the nose 
landing gear and cause fatigue cracks in the side panel and top panel 
webs of the nose wheel well, which could result in rapid cabin 
depressurization during flight. This action is intended to address the 
identified unsafe condition.

DATES: Effective July 18, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 18, 2002.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Suzanne Masterson, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2772; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Boeing Model 767-200 
series airplanes was published in the Federal Register on December 26, 
2001 (66 FR 66360). That action proposed to require repetitive 
inspections of the side panels of the nose wheel well for broken rivets 
and replacement of any broken rivets with bolts. That action also 
proposed to require follow-on inspections of adjacent areas for cracks 
or broken rivets, whenever two or more adjacent broken rivets are 
found; repair of any cracks; and replacement of any broken rivets with 
bolts. Finally, that action proposed to provide for the optional 
replacement of all rivets in the affected area with bolts, which would 
terminate the repetitive inspections.

Request for Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Proposed Rule Is Acceptable

    One airline operator states that the proposed rule is acceptable.

Revision of Cost Impact

    One commenter states that the cost to access the nose wheel well 
side panels and perform the basic inspection is 6 work hours, and that, 
for certain ``on-condition'' inspections that may be necessary, the 
additional cost is 16 work hours. The commenter also states that the 
cost of the optional terminating action (replacement of all rivets in 
the affected areas with bolts) is 160 work hours and $900 in materials, 
per airplane. The FAA infers that the commenter is requesting that we 
revise the cost impact information accordingly.
    We agree, in part, with the commenter's requests. We agree that 
information concerning the cost of performing the optional terminating 
action should be included in the AD, and have revised the AD to specify 
an estimated cost for work hours should an operator accomplish the 
replacement of all rivets with bolts.
    However, we do not agree that costs for access and certain on-
condition actions should be specified in the AD. The cost impact 
information in the AD is limited to the cost of actions actually 
required by the rule. We do not consider the costs of on-condition 
actions, such as performing detailed inspections if two or more 
adjacent broken rivets are found. Such ``on-condition'' inspections and 
corrective actions, if necessary, would be required to be accomplished-
-regardless of AD direction--in order to correct an unsafe condition 
identified in an airplane and to ensure operation of that airplane in 
an airworthy condition, as required by the Federal Aviation 
Regulations. It is unnecessary to revise the AD to add additional work 
hours to the cost impact information.
    We do not agree that the estimated incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions, should be included in the 
AD. As these type of incidental costs may vary widely between 
operators, it would be impossible to provide a realistic and meaningful 
estimate of costs. Further, at the time the appropriate service 
information specified in this AD (Revision 1 of Boeing Service Bulletin 
767-53A0090, dated September 14, 2000) was issued, no cost of parts 
information was available. Further, in this case, we consider that 
replacing the rivets with bolts may be considered as a negligible cost 
since those parts are common, ``off-the-shelf'' items. Therefore, no 
specific allowance for that cost was estimated in this AD, and no 
change to the AD is necessary in this regard.

Change Reference to ``Detailed Visual Inspection''

    We have changed all references to a ``detailed visual inspection'' 
in the NPRM to ``detailed inspection'' in this AD.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 62 Model 767-200 series airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 46 
airplanes of U.S. registry will be affected by this AD, that it will 
take approximately 2 work hours per airplane to accomplish the required 
actions, and that the average labor rate is $60 per work hour. Based on 
these figures, the cost impact of the AD on U.S. operators is estimated 
to be $5,520,

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or $120 per airplane, per inspection cycle.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.
    Should an operator elect to accomplish the optional terminating 
action that is provided by this AD action, it will take approximately 
150 work hours to accomplish it, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of the optional 
terminating action would be $9,000 per airplane.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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); and (3) will not have a 
significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

2002-12-05  Boeing: Amendment 39-12777. Docket 2000-NM-382-AD.

    Applicability: Model 767 series airplanes, line numbers 1 
through 62; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct broken rivets in the nose wheel well side 
panels and top panel, which could impair the function of the nose 
landing gear and cause fatigue cracks in the nose wheel well side 
panel and top panel webs, which could result in rapid cabin 
depressurization during flight, accomplish the following:

Initial and Repetitive Inspections

    (a) Within 18 months or 3,000 flight cycles after the effective 
date of this AD, whichever occurs first: Perform a detailed 
inspection of the nose wheel well side panels for broken rivets, in 
accordance with Boeing Service Bulletin 767-53A0090, Revision 1, 
dated September 14, 2000.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''


    Note 3: Inspections, replacement, and repairs performed prior to 
the effective date of this AD in accordance with Boeing Service 
Bulletin 767-53A0090, dated August 3, 2000, are considered 
acceptable for compliance with the applicable actions specified in 
this amendment.
    (1) If no broken rivets are detected: No further action is 
required as part of the initial inspection. Repeat the inspection at 
intervals not to exceed 18 months or 3,000 flight cycles, whichever 
occurs first.
    (2) If broken rivets are detected, but they do not include two 
or more adjacent rivets: Prior to further flight, replace the broken 
rivets with bolts in accordance with the service bulletin. Repeat 
the inspection at intervals not to exceed 18 months or 3,000 flight 
cycles, whichever occurs first.
    (3) If two or more adjacent broken rivets are detected: Prior to 
further flight, perform a secondary inspection as specified in 
paragraph (c) of this AD.

Optional Terminating Action

    (b) Replacement of all the rivets with bolts in accordance with 
Figure 5 of Boeing Service Bulletin 767-53A0090, Revision 1, dated 
September 14, 2000, terminates the repetitive inspection required by 
paragraph (a) of this AD.

Secondary Inspections

    (c) If two or more adjacent broken rivets are found during any 
inspection required by paragraph (a) of this AD: Prior to further 
flight, perform a detailed inspection of the side panels and the top 
panel of the nose wheel well for cracks or broken rivets, in 
accordance with Boeing Service Bulletin 767-53A0090, Revision 1, 
dated September 14, 2000.
    (1) If no cracks or additional broken rivets are found: Prior to 
further flight replace all of the rivets with bolts in accordance 
with Figure 5 of the service bulletin. This terminates the 
repetitive inspections required by paragraph (a) of this AD.
    (2) If any cracks or additional broken rivets are found: Prior 
to further flight, repair the cracks and replace all of the rivets, 
per a method approved by the Manager, Seattle Aircraft Certification 
Office, or per data meeting the type certification basis of the 
airplane approved by a Boeing Company Designated Engineering 
Representative who has been authorized by the Manager, Seattle ACO, 
to make such findings. For a repair method to be approved, the 
approval must specifically reference this AD. This terminates the 
repetitive inspections required by paragraph (a) of this AD.

Alternative Methods of Compliance

    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle ACO. Operators shall submit 
their requests through an appropriate FAA Principal Maintenance 
Inspector, who may add comments and then send it to the Manager, 
Seattle ACO.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (e) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

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Incorporation by Reference

    (f) Except as provided by paragraph (c)(2) of this AD, the 
actions required by paragraphs (a) and (c) of this AD shall be done 
in accordance with Boeing Service Bulletin 767-53A0090, Revision 1, 
dated September 14, 2000. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from 
Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 
98124-2207. Copies may be inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

Effective Date

    (g) This amendment becomes effective on July 18, 2002.

    Issued in Renton, Washington, on June 4, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-14584 Filed 6-12-02; 8:45 am]
BILLING CODE 4910-13-P