[Federal Register Volume 68, Number 176 (Thursday, September 11, 2003)]
[Rules and Regulations]
[Pages 53503-53506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22990]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-240-AD; Amendment 39-13301; AD 2003-18-10]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes 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 amendment expands the 
applicability in the existing AD, and requires incorporating a new 
revision into the Airworthiness Limitations Section of the MPD 
Document. The actions specified by this 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: Effective October 16, 2003.
    The incorporation by reference of Appendix B of Boeing 767 
Maintenance Planning Data Document D622T001, Revision December 2002; 
Subsection B, Section 9, of Boeing 767 Maintenance Planning Data 
Document D622T001-9, Revision June 2000; Subsection B, Section 9, of 
Boeing 767 Maintenance Planning Data Document D622T001-9, Revision 
February 2001; and Subsection B, Section 9, of Boeing 767 Maintenance 
Planning Data Document D622T001-9, Revision October 2002; is approved 
by the Director of the Federal Register as of October 16, 2003.
    The incorporation by reference of Subsection B of Boeing 767

[[Page 53504]]

Maintenance Planning Data Document D622T001-9, Revision June 1997, as 
listed in the regulations, was approved previously by the Director of 
the Federal Register as of June 1, 2001 (66 FR 21077, April 27, 2001).

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) by superseding AD 2001-08-28, 
amendment 39-12205 (66 FR 21077, April 27, 2001), which is applicable 
to certain Boeing Model 767 series airplanes, was published in the 
Federal Register on March 3, 2003 (68 FR 9951). The action proposed to 
continue to require 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). The action also proposed to expand 
the applicability in the existing AD, and incorporate a new revision 
into the Airworthiness Limitations Section of the MPD Document.

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.
    One commenter has no issues with the proposed AD and is in the 
process of incorporating the actions into its Model 767 maintenance 
program.

Request for Certain Clarification of Certain Paragraphs

    One commenter notes that the requirements of AD 2001-08-28 are 
restated in paragraphs (a) and (b) of the proposed AD, and the new 
requirements are stated in paragraphs (c) and (d) of the proposed AD. 
The commenter states that, since the intent of the proposed AD is for 
operators to incorporate the new requirements, paragraphs (c) and (d) 
should be clarified to specify that accomplishment of those paragraphs 
terminates the requirements specified in paragraphs (a) and (b). We 
agree with the commenter; however, paragraph (b) merely specifies that 
no alternative inspections or inspection intervals shall be approved 
unless an alternative method of compliance (AMOC) is approved, it does 
not contain any requirements. Therefore, paragraph (c) of this final 
rule has been changed for clarification to include the statement that 
accomplishment of paragraph (c) terminates the requirements in 
paragraph (a) of this AD.
    Another commenter asks that paragraph (c) of the proposed AD be 
changed to clarify that Appendix B is part of Boeing Document D622T001, 
not D622T001-9. The commenter states that the current wording 
incorrectly specifies that Appendix B is part of Boeing Document 
D622T001-9. We agree with the commenter and have changed paragraph (c) 
of this final rule for clarification.

Request To Delete Paragraph (e)(3)

    One commenter states that there has been no change to any 
airworthiness limitation inspection in the June 2000 revision of the 
MPD, so that revision is still a valid AMOC for the new requirements 
specified in the proposed AD. Therefore, the commenter suggests that 
paragraph (e)(3) of the proposed AD; which specifies that the 
procedures in Subsection B of Boeing Document D622T001-9, Revision June 
2000, are not approved as AMOCs with paragraph (d) of this AD; be 
deleted.
    We agree with the commenter. We have reviewed Revisions June 2000, 
February 2001, and October 2002, and find the only change to Subsection 
B, Section 9, is the language describing the requirement to reduce 
inspection intervals to match those in Section 8, once the inspection 
threshold is reached. All revisions contain the same inspections and 
are acceptable to use for accomplishment of the actions required. 
Therefore, we have deleted paragraph (e)(3) of this final rule, as well 
as the reference to paragraph (e)(3) that was specified in paragraph 
(e)(2) of the proposed AD.

Request To Change Applicability

    One commenter, the manufacturer, asks that the Model 767-400 series 
be removed from the applicability specified in the proposed AD. The 
commenter states that the Model 767-400 is not an ``official'' type-
certificated minor model, and the type certificate data sheet (TCDS) 
lists only the Model 767-400ER series. We agree with the commenter; as 
the TCDS specifies only the Model 767-400ER series, we have removed all 
references to the Model 767-400 series from this final rule 
accordingly.

Request To Change Compliance Time

    One commenter states that the compliance time in the existing AD 
was three years from June 1, 2001, as specified in paragraph (a) of the 
proposed AD, whereas the compliance time in the new requirements, as 
specified in paragraph (c) of the proposed AD, is within 18 months 
after the effective date of the AD. The commenter asks that the 
compliance time for paragraphs (a) and (c) of the proposed AD be 
changed to allow one of two options. Option 1--The compliance time 
should be three years from the release date of the AD. Option 2--The 
compliance time should be three years from the release date of the AD 
for airplanes having line numbers 670 through 895 inclusive, and 18 
months from the release date of the AD for airplanes having line 
numbers 1 through 669 inclusive. The commenter states that this will 
give operators more flexibility, while retaining the intent of the 
existing AD.
    We do not agree with the commenter. The commenter provides no 
technical justification for changing the compliance time as requested. 
A compliance time of 18 months, rather than 3 years, for incorporating 
the latest revision of Subsection B, Section 9, of Boeing MPD Document 
D622T001-9 will ensure the continued safety of aging airplanes. In 
developing an appropriate compliance time for the actions required by 
this AD, the FAA considered not only the safety issues, but the 
manufacturer's recommendations, parts availability, and the practical 
aspect of accomplishing the required actions within an interval 
paralleling normal scheduled maintenance for the majority of affected 
operators. In light of all of these factors, the FAA considers 18 
months an appropriate compliance time wherein safety will not be 
adversely affected. No change to the final rule is necessary in this 
regard.

Request To Remove New Revisions to MPD

    One commenter asks that Revisions June 2000, February 2001, and 
October 2002 to Subsection B, Section 9, of Boeing Document D622T001-9 
of the MPD be removed from paragraph (a) of the proposed AD. The 
commenter states that the existing AD only referenced

[[Page 53505]]

Revision June 1997, and did not include the other revision levels 
specified in paragraph (a) of the proposed AD. The commenter adds that 
the other revisions may be approved as AMOCs for the existing AD.
    We do not agree with the commenter. The revisions that have been 
added to paragraph (a) of this AD are alternate revisions that have 
been previously approved as AMOCs for the requirements in paragraph (a) 
of this AD, and are acceptable to use for accomplishment of the actions 
required. In addition, AMOCs have been granted for inspections of 
individual repairs and alterations that interfered with the inspections 
specified in Section 9 of Boeing MPD Document D622T001-9. The intent of 
paragraph (e)(2) of this final rule is to allow operators to continue 
to use those AMOCs for the accomplishment of the inspections in this 
final rule. No change to the final rule is necessary in this regard.

Changes to 14 CFR Part 39

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAAs airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and AMOCs. However, for 
clarity and consistency in this final rule, we have retained the 
language of the NPRM regarding that material.

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 884 airplanes of the affected design in the 
worldwide fleet. We estimate that 393 airplanes of U.S. registry will 
be affected by this 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 required by this AD action will 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 new requirements of this AD on U.S. 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 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 removing amendment 39-12205 (66 FR 
21077, April 27, 2001), and by adding a new airworthiness directive 
(AD), amendment 39-13301, to read as follows:

2003-18-10 Boeing: Amendment 39-13301. Docket 2001-NM-240-AD. 
Supersedes AD 2001-08-28, Amendment 39-12205.

    Applicability: Model 767-200, -300, -300F, 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 767 MPD 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.


[[Page 53506]]



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, Revision 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, 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 767 MPD Document D622T001-9, entitled ``Airworthiness 
Limitations and Certification Maintenance Requirements,'' to 
incorporate Revision October 2002; and Appendix B of Boeing 767 MPD 
Document D622T001, Revision December 2002. Accomplishment of this 
paragraph terminates the requirements in paragraph (a) of this AD.

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 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.
    (2) 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.

    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 
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.

Incorporation by Reference

    (g) The actions shall be done in accordance with the applicable 
documents listed in Table 1 of this AD, as follows:

                       Table 1.--Service Documents
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          Document                Page numbers            Revision
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Appendix B of Boeing 767,     Forward, Pages A-N..  December 2002.
 Maintenance Planning Data
 Document D622T001.
Subsection B of Boeing 767    List of Effective     June 1997.
 Maintenance Planning Data     Pages, Page 9.0-5.
 Document D622T001-9.
Subsection B, Section 9, of   List of Effective     June 2000.
 Boeing 767, Maintenance       Pages, Page 9.0-6.
 Planning Data Document
 D622T001-9.
Subsection B, Section 9, of   List of Effective     February 2001.
 Boeing 767 Maintenance        Pages, Page 9.0-6.
 Planning Data Document
 D622T001-9.
Subsection B, Section 9, of   List of Effective     October 2002.
 Boeing 767 Maintenance        Pages, Page 9.0-7.
 Planning Data Document
 D622T001-9.
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    (1) The incorporation by reference of Appendix B of Boeing 767 
Maintenance Planning Data Document D622T001, Revision December 2002; 
Subsection B, Section 9, of Boeing 767 Maintenance Planning Data 
Document D622T001-9, Revision June 2000; Subsection B, Section 9, of 
Boeing 767 Maintenance Planning Data Document D622T001-9, Revision 
February 2001; and Subsection B, Section 9, of Boeing 767 
Maintenance Planning Data Document D622T001-9, Revision October 
2002; is approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The incorporation by reference of Subsection B of Boeing 767 
Maintenance Planning Data Document D622T001-9, Revision June 1997, 
was approved previously by the Director of the Federal Register as 
of June 1, 2001 (66 FR 21077, April 27, 2001).
    (3) 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

    (h) This amendment becomes effective on October 16, 2003.

    Issued in Renton, Washington, on September 4, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-22990 Filed 9-10-03; 8:45 am]
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