[Federal Register Volume 68, Number 79 (Thursday, April 24, 2003)]
[Proposed Rules]
[Pages 20087-20089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10117]


 ========================================================================
 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.
 
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 

  Federal Register / Vol. 68, No. 79 / Thursday, April 24, 2003 / 
Proposed Rules  

[[Page 20087]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-342-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 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 all Boeing Model 767 series 
airplanes. This proposal would require repetitive inspections and tests 
for discrepancies of the drainage system of the canted pressure deck 
located in the wheel wells of the main landing gear (MLG) of the left 
and right wings, and corrective actions if necessary. This action is 
necessary to prevent ice accumulation on the lateral flight control 
cables due to water entering the wheel well of the MLG and freezing, 
which could restrict or jam control cable movement, resulting in loss 
of controllability of the airplane. This action is intended to address 
the identified unsafe condition.

DATES: Comments must be received by June 9, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-342-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. 2001-NM-342-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-342-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-342-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received several reports of debris blocking the 
drainage system for the canted pressure deck area on Model 767 series 
airplanes, which may cause water accumulation in the canted pressure 
deck located in the wheel wells of the main landing gear (MLG) of the 
left and right wings. Such accumulation of water has caused excessive 
corrosion of the upper skin and the rear spar of the wing center 
section. Cabin pressurization would cause the accumulated water to 
enter the wheel well of the MLG and solidify during flight. Such ice 
accumulation could restrict or jam control cable movement, resulting in 
loss of controllability of the airplane.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletins 
767-51A0023 (for Model 767-200, -300, and -300F series airplanes), and 
767-51A0024 (for Model 767-400ER series airplanes), both including 
Evaluation Form, both dated September 27, 2001; which describe 
procedures for repetitive inspections and tests for discrepancies of 
the drainage system of the canted pressure deck located in the wheel 
wells of the MLG of the left and right wings, and corrective actions if 
necessary.
    [sbull] Work Package 1 describes procedures for a test, which 
includes a visual inspection of the external drains, reducer, and drain 
lines for discrepancies. The discrepancies include damage, holes, signs 
of frozen water, and signs of blockage (3 to 5 pounds per square inch 
(psi) compressed air is sent through the drain hose to check for 
blockage). The corrective actions include cleaning the drain system to 
remove blockage, and

[[Page 20088]]

replacing any damaged drain line with a new drain line.
    [sbull] Work Package 2 describes procedures for repetitive 
inspections for discrepancies and cleaning of the drainage system of 
the canted pressure deck, as specified in the Boeing 767 Airplane 
Maintenance Manual.
    [sbull] Work Package 3 describes procedures for repetitive 
inspections of the canted pressure deck for discrepancies (loose or 
missing fasteners; loose, missing, or cracked sealant; and leak paths). 
The corrective actions include replacing any loose or missing fastener, 
replacing loose, missing, or cracked sealant; and repairing any leak 
found.
    Accomplishment of the actions specified in the service bulletins is 
intended to adequately address the identified unsafe condition.

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 bulletins described previously, except that the proposed AD 
does not require completing the Evaluation Forms, and except as 
discussed below.

Difference Between This Proposed AD and Service Bulletins

    The service bulletins do not provide an initial compliance time for 
accomplishing the actions, but this proposed AD would require that 
those actions be accomplished at the following times:
    [sbull] For Work Package 1, the compliance time is the later of the 
following: Within 18 months since the date of issuance of the original 
Airworthiness Certificate or the date of issuance of the Export 
Certificate of Airworthiness (whichever occurs first); or within 18 
months after the effective date of this AD.
    [sbull] For Work Package 2, the compliance time is the later of the 
following: Within 36 months since the date of issuance of the original 
Airworthiness Certificate or the date of issuance of the Export 
Certificate of Airworthiness (whichever occurs first); or within 36 
months after the effective date of this AD.
    [sbull] For Work Package 1, the compliance time is the later of the 
following: Within 54 months since the date of issuance of the original 
Airworthiness Certificate or the date of issuance of the Export 
Certificate of Airworthiness (whichever occurs first); or within 54 
months after the effective date of this AD.
    In developing an appropriate compliance time for this proposed AD, 
we considered not only the manufacturer's recommendation, but also the 
degree of urgency associated with addressing the unsafe condition, the 
average utilization of the affected fleet, and the time necessary to 
perform the actions. In light of all of these factors, we find the 
compliance times specified previously for completing the required 
actions to be warranted, in that they represent an appropriate interval 
of time allowable for affected airplanes to continue to operate without 
compromising safety.

Cost Impact

    There are approximately 814 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 345 airplanes of U.S. registry 
would be affected by this proposed AD.
    It would take approximately 1 work hour per airplane to accomplish 
the proposed inspection/test of the drainage system specified in Work 
Package 1 of the service bulletins, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of the inspection/
test proposed by this AD on U.S. operators is estimated to be $20,700, 
or $60 per airplane, per cycle.
    It would take approximately 4 work hours per airplane to accomplish 
the proposed inspection/cleaning specified in Work Package 2 of the 
service bulletins, at an average labor rate of $60 per work hour. Based 
on these figures, the cost impact of the inspection/cleaning proposed 
by this AD on U.S. operators is estimated to be $82,800, or $240 per 
airplane, per cycle.
    It would take approximately 2 work hours per airplane to accomplish 
the proposed inspection specified in Work Package 3 of the service 
bulletins, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of the inspection proposed by this AD on 
U.S. operators is estimated to be $41,400, or $120 per airplane, per 
inspection cycle.
    The cost impact figures discussed above are 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.

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 2001-NM-342-AD.

    Applicability: All Model 767 series airplanes; 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) of 
this AD.

[[Page 20089]]

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 ice accumulation on the lateral flight control cables 
due to water entering the wheel well of the main landing gear and 
freezing, which could restrict or jam control cable movement, 
resulting in loss of controllability of the airplane; accomplish the 
following:

Repetitive Inspections/Tests of the Drainage System/Corrective Actions

    (a) At the later of the times specified in paragraphs (a)(1) and 
(a)(2) of this AD: Do a general visual inspection of the external 
drains, reducer, and drain lines for discrepancies (including 
include damage, holes, signs of frozen water, and signs of 
blockage), per Work Package 1 of Boeing Alert Service Bulletin 767-
51A0023 (for Model 767-200, -300, and -300F series airplanes), or 
Boeing Alert Service Bulletin 767-51A0024 (for Model 767-400ER 
series airplanes), both excluding Evaluation Form, both dated 
September 27, 2001; as applicable. Repeat the test after that at 
least every 18 months.
    (1) Within 18 months since the date of issuance of the original 
Airworthiness Certificate or the date of issuance of the Export 
Certificate of Airworthiness, whichever occurs first.
    (2) Within 18 months after the effective date of this AD.
    (b) At the later of the times specified in paragraphs (b)(1) and 
(b)(2) of this AD: Clean the cavity for the canted pressure deck and 
do a general visual inspection of the drainage system for 
discrepancies per Work Package 2 of the Work Instructions of Boeing 
Alert Service Bulletin 767-51A0023 (for Model 767-200, -300, and -
300F series airplanes), or Boeing Alert Service Bulletin 767-51A0024 
(for Model 767-400ER series airplanes), both excluding Evaluation 
Form, both dated September 27, 2001; as applicable. Repeat the 
cleaning and inspection after that at least every 36 months.
    (1) Within 36 months since the date of issuance of the original 
Airworthiness Certificate or the date of issuance of the Export 
Certificate of Airworthiness, whichever occurs first.
    (2) Within 36 months after the effective date of this AD.
    (c) If any discrepancy is found during any inspection or test 
required by paragraphs (a) and (b) of this AD, before further 
flight, repair per the Work Instructions of Boeing Alert Service 
Bulletin 767-51A0023 (for Model 767-200, -300, and -300F series 
airplanes), or Boeing Alert Service Bulletin 767-51A0024 (for Model 
767-400ER series airplanes), both excluding Evaluation Form, both 
dated September 27, 2001; as applicable.

Repetitive Inspections of the Canted Pressure Deck/Corrective Action

    (d) At the later of the times specified in paragraphs (d)(1) and 
(d)(2) of this AD: Do a general visual inspection of the canted 
pressure deck for discrepancies (including loose or missing 
fasteners; loose, missing, or cracked sealant; and leak paths), per 
Work Package 3 of the Work Instructions of Boeing Alert Service 
Bulletin 767-51A0023 (for Model 767-200, -300, and -300F series 
airplanes), or Boeing Alert Service Bulletin 767-51A0024 (for Model 
767-400ER series airplanes), both excluding Evaluation Form, both 
dated September 27, 2001; as applicable. If any discrepancy is 
found, before further flight, repair (including replacing any loose 
or missing fastener or loose, missing, or cracked sealant; and 
repairing any leak found) per the applicable service bulletin. 
Repeat the inspection after that at least every 54 months.
    (1) Within 54 months since the date of issuance of the original 
Airworthiness Certificate or the date of issuance of the Export 
Certificate of Airworthiness, whichever occurs first.
    (2) Within 54 months after the effective date of this AD.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Alternative Methods of Compliance

    (e) 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permit

    (f) 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 April 18, 2003.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-10117 Filed 4-23-03; 8:45 am]
BILLING CODE 4910-13-P