[Federal Register Volume 68, Number 121 (Tuesday, June 24, 2003)]
[Rules and Regulations]
[Pages 37400-37402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15596]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-187-AD; Amendment 39-13203; AD 2003-13-03]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200 and 767-300 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 and 767-300 series 
airplanes, that requires modification of the installation of the aft 
pressure bulkhead-to-floor insulation blankets. The actions specified 
by this AD are intended to prevent interference with venting during a 
rapid decompression in the bulk cargo compartment; such interference 
could cause damage to the floor structure and damage to certain control 
cables leading to the empennage, which could result in reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Effective July 29, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 29, 2003.

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) 
917-6441; fax (425) 917-6590.

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 and 
767-300 series airplanes was published in the Federal Register on 
December 11, 2002 (67 FR 76120). That action proposed to require 
modification of the installation of the aft pressure bulkhead-to-floor 
insulation blankets.

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.

Request To Change Compliance Time

    Two commenters ask that the compliance time for the modification 
specified in the proposed AD be changed, as follows.
    The first commenter asks that the compliance time be changed from 
60 months to 84 months and states that the compliance times in the 
referenced service bulletin and the proposed AD are different. The 
commenter notes that the service bulletin specifies doing the 
modification during the next heavy maintenance check when the aft 
galleys are removed, and that such checks are done every 6 years. 
However, the proposed AD specifies doing the modification within 5 
years after the effective date of the final rule. The commenter adds 
that the galleys on its airplanes are removed every 10 years for galley 
restoration and to facilitate structural inspections, per Maintenance 
Planning Document (MPD) Task CP53-200-04I. This task requires 
an initial inspection of the floor support structure under the galleys 
at 10 years, and at 5-year intervals after the initial inspection. The 
commenter states that the galleys are not removed every 6 years as 
called out in the ``Clarification of Compliance Time'' paragraph in the 
proposed AD.
    The second commenter asks that the compliance time be changed from 
60 months to 72 months and states that it requires a 72-month 
compliance time for doing the modification. The commenter adds that the 
effectivity in the referenced service bulletin was specifically revised 
to read ``* * * the next heavy maintenance check when aft galleys are 
removed.'' The commenter notes that a 60-month compliance time will 
require it to schedule airplanes outside of regularly scheduled 
maintenance checks, or do the modification at an earlier check at 
considerable cost to the airline.
    We agree with the commenters. We find that the commenters provided 
sufficient justification for extending the compliance time for 
modifying the installation of the aft pressure bulkhead-to-floor 
insulation blankets. The commenters also provided data to show that the 
majority of affected operators do the heavy maintenance check of the 
aft galleys at intervals that exceed the proposed 60-month compliance 
time. Thus, we have determined that the modification may be deferred 
until 7 years (84 months) after the effective date of this AD without 
jeopardizing the continued safety of the airplane fleet. The compliance 
time specified in paragraph (a) of this final rule has been changed 
accordingly.

Request To Change a Certain Section in Preamble

    One commenter asks that the section in the preamble of the proposed 
AD titled ``Clarification of Compliance Time'' be changed to state that 
the heavy maintenance checks are done every 10 years, and that the 
modification should be done within 7 years after the effective date of 
the AD.
    Although we acknowledge and agree with the commenter's remarks on 
the section in the preamble of the proposed

[[Page 37401]]

AD titled ``Clarification of Compliance Time,'' that section is not 
restated in this final rule. Therefore, no change to the final rule is 
necessary in this regard.

Request To Exclude Freighter Airplanes From Applicability

    Two commenters ask that the applicability in the proposed AD be 
changed to exclude Model 767 freighter airplanes, as follows.
    The first commenter states that the effectivity in the referenced 
service bulletin applies only to Model 767 passenger airplanes, and 
notes that freighter airplanes are not affected. The commenter adds 
that the word ``passenger'' should be added to the Discussion section 
of the proposed AD. The commenter also asks that the Cost Impact 
section be changed to remove the freighter airplanes from the total 
number of U.S.-registered aircraft, which would reduce the cost impact 
for U.S. operators.
    The second commenter states that the information in the 
applicability section of the proposed AD contradicts the effectivity 
specified in the referenced service bulletin, and should be clarified. 
The commenter notes that the applicability in the proposed AD specifies 
Model 767-200 and -300 series airplanes, certificated in any category; 
however, the effectivity in the service bulletin specifies Model 767-
200 and -300 passenger airplanes only.
    Both commenters state that the Model 767 freighter airplane has 
different venting and decompression characteristics than the passenger 
airplane. The commenters add that the difference is in the location of 
the aft galley in the passenger airplane, which causes the airflow 
between the floor and the aft bulkhead to be different from that in 
freighter airplanes.
    We agree with the commenters that the applicability section should 
be clarified; however, not in the manner proposed. Per the Model 767 
Type Certificate Data Sheet, which specifies Model 767-200, -300, and -
300F series airplanes, the proposed AD clearly does not include Model 
767-300F (freighter) airplanes in the applicability.
    However, as the line numbers are listed and have confused some 
operators, we have clarified the applicability in this final rule to 
specify ``Model 767-200 and -300 series airplanes as listed in Boeing 
Service Bulletin 767-25A0300, Revision 1, dated May 2, 2002. * * *'' In 
addition, we have removed the freighter airplanes from the total number 
of U.S.-registered aircraft in the Cost Impact section. However, 
although we acknowledge and agree with the first commenter's remarks on 
the Discussion section of the proposed AD, that section is not restated 
in this final rule. Therefore, no change to the final rule is necessary 
in that regard.

New Part Numbers

    One commenter states that the manufacturer has not created new part 
numbers for all of the affected insulation blankets and is still 
shipping parts in the old configuration that preceeded the new 
configuration specified in the referenced service bulletin.
    Although we acknowledge the commenter's concern, we do not agree. 
Figure 1 (Insulation Blanket Modification) of Boeing Service Bulletin 
767-25A0300, Revision 1, specifies that the insulation blankets are to 
be re-marked with new part numbers. No change to the final rule is 
necessary in this regard.

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 739 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 296 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 3 work 
hours per airplane to accomplish the modification, and that the average 
labor rate is $60 per work hour. Required parts will cost approximately 
$397 per airplane. Based on these figures, the cost impact of the AD on 
U.S. operators is estimated to be $170,792, or $577 per airplane.
    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.

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

0
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

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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-13-03 Boeing: Amendment 39-13203. Docket 2002-NM-187-AD.

    Applicability: Model 767-200 and -300 series airplanes, as 
listed in Boeing Service Bulletin 767-25A0300, Revision 1, dated May 
2, 2002; 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.

[[Page 37402]]

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 cause 
damage to the floor structure as well as damage to certain control 
cables leading to the empennage, and could result in reduced 
controllability of the airplane, accomplish the following:

Modification

    (a) Within 7 years after 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 
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.

Incorporation by Reference

    (d) The actions shall be done in accordance with Boeing Service 
Bulletin 767-25A0300, Revision 1, dated May 2, 2002. 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

    (e) This amendment becomes effective on July 29, 2003.

    Issued in Renton, Washington, on June 16, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-15596 Filed 6-23-03; 8:45 am]
BILLING CODE 4910-13-P