[Federal Register Volume 67, Number 238 (Wednesday, December 11, 2002)]
[Proposed Rules]
[Pages 76120-76121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31179]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 238 / Wednesday, December 11, 2002 / 
Proposed Rules  

[[Page 76120]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-187-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200 and 767-300 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Boeing Model 767-200 and 
767-300 series airplanes. This proposal would require modification of 
the installation of the aft pressure bulkhead-to-floor insulation 
blankets. This action is necessary to avoid interference with venting 
during a rapid decompression in the bulk cargo compartment; such 
interference could result in damage to the floor structure as well as 
damage to certain control cables leading to the empennage, leading to 
reduced controllability of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by January 27, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-187-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-187-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington, 98124-2207. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-187-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-187-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report that, during the structural integrity 
certification of the Model 767-400ER series airplane, the manufacturer 
found that the seal created by the insulation blankets in the aft 
pressure bulkhead-to-floor area did not allow the airplane to meet 
requirements for decompression. This condition, if not corrected, could 
interfere with venting during a rapid decompression in the bulk cargo 
compartment; such interference could result in damage to the floor 
structure as well as damage to certain control cables leading to the 
empennage, possibly leading to reduced controllability of the airplane.
    As a result of this finding, the configuration of the insulation 
blankets in the aft pressure bulkhead-to-floor area was changed in 
production of the Model 767-400ER series airplanes. The same change was 
also made to the Model 767-200 and 767-300 series airplanes. However, 
for those airplanes which had already been delivered, the configuration 
of the insulation blankets in the aft pressure bulkhead-to-floor area 
may prevent venting during a rapid decompression in the bulk cargo 
area. This proposed AD would apply to those airplanes.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin 767-
25A0300, Revision 1, dated May 2, 2002, which describes procedures for 
modification of the installation of the aft pressure bulkhead-to-floor 
insulation blankets. Accomplishment of the actions specified in the 
service bulletin is intended to adequately address the identified 
unsafe condition.

[[Page 76121]]

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the service bulletin described previously.

Clarification of Compliance Time

    The service bulletin recommends that the modification be 
accomplished during the next heavy maintenance check when the aft 
galleys are removed; such checks are performed approximately every 6 
years. This NPRM proposes that the modification be accomplished within 
5 years of the effective date of the final rule. Although the 
compliance time is stated differently in the two documents, the period 
of time proposed in this NPRM is essentially the same as that in the 
service bulletin.

Cost Impact

    There are approximately 729 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 311 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
3 work hours per airplane to accomplish the proposed modification, and 
that the average labor rate is $60 per work hour. Required parts would 
cost approximately $397 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be 
$179,447, or $577 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this proposed 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. The manufacturer may 
cover the cost of replacement parts associated with this proposed AD, 
subject to warranty conditions. Manufacturer warranty remedies may also 
be available for labor costs associated with this proposed AD. As a 
result, the costs attributable to the proposed AD may be less than 
stated above.

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that 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); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Boeing: Docket 2002-NM-187-AD.

    Applicability: Model 767-200 and -300 series airplanes, having 
line numbers 1 through 757 inclusive, 759 through 768 inclusive, 770 
through 772 inclusive, 774 through 780 inclusive, 786, and 788 
through 790 inclusive; 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 (b) 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 prevent interference with venting during a rapid 
decompression in the bulk cargo compartment, which could result in 
damage to the floor structure as well as damage to certain control 
cables leading to the empennage, leading to reduced controllability 
of the airplane, accomplish the following:

Modification

    (a) Within 60 months of the effective date of this AD: Modify 
the installation of the aft pressure bulkhead-to-floor insulation 
blankets, in accordance with the Accomplishment Instructions of 
Boeing Service Bulletin 767-25A0300, Revision 1, dated May 2, 2002.

Alternative Methods of Compliance

    (b) 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 Aircraft Certification 
Office (ACO), FAA. 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 2: 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

    (c) 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.

    Issued in Renton, Washington, on December 4, 2002.
Vi L. Lipski, Manager,
Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-31179 Filed 12-10-02; 8:45 am]
BILLING CODE 4910-13-P