[Federal Register Volume 68, Number 41 (Monday, March 3, 2003)]
[Proposed Rules]
[Pages 9951-9953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4840]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-240-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200, -300, -300F, -
400, and -400ER Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Boeing Model 767 
series airplanes, that currently requires revising the Airworthiness 
Limitations Section of the Maintenance Planning Data (MPD) Document 
(767 Airworthiness Limitations Instructions (ALI)). The revision 
incorporates into the ALI certain inspections and compliance times to 
detect fatigue cracking of principal structural elements (PSE). This 
action would expand the applicability in the existing AD, and would 
require incorporating a new revision into the Airworthiness Limitations 
Section of the MPD Document. The actions specified by the proposed AD 
are intended to ensure that fatigue cracking of various PSEs is 
detected and corrected; such fatigue cracking could adversely affect 
the structural integrity of these airplanes. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by April 17, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-240-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.

[[Page 9952]]

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. 2001-
NM-240-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) 
917-6441; fax (425) 917-6590.

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 2001-NM-240-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. 2001-NM-240-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On April 19, 2001, the FAA issued AD 2001-08-28, amendment 39-12205 
(66 FR 21077, April 27, 2001), applicable to certain Boeing Model 767 
series airplanes, to require revising the Airworthiness Limitations 
Section of the Maintenance Planning Data (MPD) Document (767 
Airworthiness Limitations Instructions (ALI)). The revision will 
incorporate into the ALI certain inspections and compliance times to 
detect fatigue cracking of principal structural elements (PSE). That 
action was prompted by analysis of data that identified specific 
initial inspection thresholds and repetitive inspection intervals for 
certain PSEs to be added to the ALI. The requirements of that AD are 
intended to ensure that fatigue cracking of various PSEs is detected 
and corrected; such fatigue cracking could adversely affect the 
structural integrity of these airplanes.

Actions Since Issuance of Previous Rule

    In the preamble to AD 2001-08-28, we indicated that the actions 
required by that AD were considered ``interim action'' and that further 
rulemaking action was being considered. We now have determined that 
further rulemaking action is indeed necessary, and this proposed AD 
follows from that determination.

New Revisions of ALI

    We have reviewed and approved Subsection B, Section 9, of Boeing 
Document D622T001-9, entitled ``Airworthiness Limitations and 
Certification Maintenance Requirements,'' Revisions June 2000, February 
2001, and October 2002, of the Boeing 767 MPD Document. That document 
describes specific initial inspection thresholds and repetitive 
inspection intervals for certain PSEs (identified as structural 
significant items in the ALI). That document explicitly identifies all 
of the PSEs that are to be inspected in accordance with the 
requirements of the ALI. Boeing Document D622T001-9, Revision June 
1997, was referenced in the existing AD for accomplishment of the 
actions specified.
    Subsection B, Section 9, of Boeing Document D622T001-9 of the 
Boeing 767 MPD Document references Appendix B, Revision December 2002, 
which provides Damage Tolerance Rating (DTR) Check Forms and the 
procedures for using the forms after accomplishment of the initial 
inspections identified in the MPD to determine the repetitive 
inspection thresholds.

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 supersede AD 2001-08-28 to expand the applicability 
in the existing AD and require operators to revise the Boeing Model 767 
ALI to incorporate Boeing Document D622T001-9, Revisions June 2000, 
February 2001, and October 2002 of the Boeing 767 MPD Document. 
However, nothing in this proposed AD is intended to affect any of the 
requirements related to the life limits or certification maintenance 
requirements that are contained elsewhere in the MPD. This proposed AD 
is intended to address only those PSE inspections that are referred to 
in Subsection B, Section 9, entitled ``Airworthiness Limitations--
Structural Inspections'' of Boeing Document D622T001-9, Revision 
October 2002.

Cost Impact

    There are approximately 884 airplanes of the affected design in the 
worldwide fleet. We estimate that 393 airplanes of U.S. registry would 
be affected by this proposed AD.
    The actions that are currently required by AD 2001-08-28 take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the currently required actions is estimated to be $60 per 
airplane.
    The new actions that are proposed in this AD action would take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the proposed requirements of this AD on U.S.

[[Page 9953]]

operators is estimated to be $23,580, or $60 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
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.

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 removing amendment 39-12205 (66 FR 
21077, April 27, 2001), and by adding a new airworthiness directive 
(AD), to read as follows:

Boeing: Docket 2001-NM-240-AD. Supersedes AD 2001-08-28, amendment 
39-12205.

    Applicability: Model 767-200, -300, -300F, -400 and -400ER 
series airplanes having line numbers 1 through 895 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 (e)(1) 
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 ensure that fatigue cracking of various principal structural 
elements, which could adversely affect the structural integrity of 
these airplanes, is detected and corrected, accomplish the 
following:

Restatement of Requirements of AD 2001-08-28

Revise Section 9 of the Boeing 767 Maintenance Planning Data (MPD) 
Document

    (a) For Model 767-200 and -300 series airplanes having line 
numbers 1 through 669 inclusive: Within 3 years after June 1, 2001 
(the effective date of AD 2001-08-28, amendment 39-12205), revise 
Subsection B, Section 9 of Boeing Document D622T001-9 entitled 
``Airworthiness Limitations and Certification Maintenance 
Requirements'' to incorporate Revision June 1997, June 2000, 
February 2001, or October 2002.

    Note 2: The referenced Subsection B contains a requirement that 
cracks found during the specified inspections be reported to the 
Seattle Aircraft Certification Office (ACO), FAA. Information 
collection requirements contained in this regulation have been 
approved by the Office of Management and Budget under the provisions 
of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501, et seq.) and 
have been assigned OMB Control Number 2120-0056.


    Note 3: For the purposes of this AD, the terms principal 
structural elements (PSEs) as used in this AD, and structural 
significant items (SSIs) as used in Section 9 of Model 767 MPD 
Document, are considered to be interchangeable.

Alternative Inspections and Inspection Intervals

    (b) Except as provided by paragraph (e)(1) of this AD: After the 
actions required by paragraph (a) of this AD have been accomplished, 
no alternative inspections or inspection intervals shall be approved 
for the SSIs contained in Section 9 of Boeing 767 MPD Document 
D622T001-9, Revisions June 1997, June 2000, or February 2001.

New Requirements of This AD

Revise Section 9 of the Boeing 767 MPD

    (c) For Model 767-200, -300, -300F, -400 and -400ER series 
airplanes having line numbers 1 through 895 inclusive: Within 18 
months after the effective date of this AD, revise Subsection B, 
Section 9 of Boeing Document D622T001-9 entitled ``Airworthiness 
Limitations and Certification Maintenance Requirements'' to 
incorporate Revision October 2002; and Appendix B, Revision December 
2002.

Alternative Inspections and Inspection Intervals

    (d) Except as provided by paragraph (e)(1) of this AD: After the 
actions required by paragraph (c) of this AD have been accomplished, 
no alternative inspections or inspection intervals shall be approved 
for the SSIs contained in Section 9 of Boeing 767 MPD Document 
D622T001-9, Revision October 2002.

Alternative Methods of Compliance

    (e)(1) 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, Transport Airplane Directorate. 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.
    (2) Except as provided by paragraph (e)(3) of this AD: 
Alternative methods of compliance, approved previously in accordance 
with AD 2001-08-28, amendment 39-12205, are approved as alternative 
methods of compliance with paragraphs (a) and (c) of this AD.
    (3) The procedures specified in Subsection B of Boeing Document 
D622T001-9, Revision JUNE 2000; are not approved as alternative 
methods of compliance with paragraph (d) of this AD.

    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

    (f) Special flight permits may be issued in accordance with 
Sec. Sec.  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 February 24, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-4840 Filed 2-28-03; 8:45 am]
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