[Federal Register Volume 68, Number 190 (Wednesday, October 1, 2003)]
[Proposed Rules]
[Pages 56591-56594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24848]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-125-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 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 767-300 
series airplanes. This proposal would require a general visual 
inspection for clearance between the corners of the A1 galley and the 
aft pressure bulkhead, and corrective actions, if necessary. This 
proposal would also require modification of the A1 galley. These 
actions are necessary to prevent interference of the A1 galley with the 
radial stiffener on the aft pressure bulkhead, which could result in 
fatigue crack propagation. Fatigue crack propagation could lead to 
possible rapid decompression of the airplane or to damage and/or 
interference with the airplane control systems that pass through the 
bulkhead and consequent loss of control of the airplane. This action is 
intended to address the identified unsafe condition.

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

[[Page 56592]]


ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-125-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. 2003-NM-125-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 or 2000 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 2003-NM-125-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. 2003-NM-125-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received reports indicating that interference between 
the top corners of the A1 galley and the radial stiffener on the aft 
pressure bulkhead could damage the aft pressure bulkhead structure of 
certain Boeing Model 767-300 series airplanes. It was discovered in 
production that for certain A1 aft galleys, the dimensions exceeded the 
design dimensional envelope by three inches. Investigation revealed 
that the top corners of these A1 galleys could cause interference with 
the radial stiffener on the aft pressure bulkhead. This condition, if 
not corrected, could result in fatigue crack propagation, leading to 
possible rapid decompression of the airplane or to damage and/or 
interference with the airplane control systems that pass through the 
bulkhead and consequent loss of control of the airplane.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin 767-
53A0102, Revision 1, dated April 24, 2003, which describes procedures 
for performing a general visual inspection for clearance between the 
corners of the A1 galley and the aft pressure bulkhead, and corrective 
actions, if necessary. The corrective actions include completing a 
detailed inspection for damage to the insulation and aft pressure 
bulkhead structure and repairing damage if detected. This service 
bulletin also describes procedures for modifying the A1 galley. 
Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition.
    Boeing Service Bulletin 767-53A0102, Revision 1, refers to BE 
Aerospace Service Bulletins 25-30-0079, dated April 22, 2002; and 25-
30-0080, dated April 22, 2002; as additional sources of service 
information for accomplishment of the modification for Model 767-300 
series airplanes.

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 Boeing service bulletin described previously, except as discussed 
below.

Differences Between Proposed Rule and Service Bulletin

    Operators should note that, although the Boeing service bulletin 
specifies that a modification be made if the A1 galley clearance is 
less than 1.0 inch, this proposal would require the mandatory 
modification of the A1 galley. The FAA has determined that, because the 
A1 galley is removable and may be installed on other Model 767-300 
series airplanes, all affected A1 galleys should be modified.
    Operators should also note that, although the Boeing service 
bulletin specifies that operators may contact the manufacturer for 
repair instructions if damage exceeds the conditions covered in the 
Structural Repair Manual, this proposed AD would require operators to 
repair those conditions per a method approved by the FAA, or per data 
meeting the type certification basis of the airplane approved by a 
Boeing Company Designated Engineering Representative who has been 
authorized by the FAA to make such findings.

Changes to 14 CFR Part 39/Effect on the Proposed AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance (AMOCs). Because we have now included this material in part 
39, only the office authorized to approve AMOCs is identified in each 
individual AD.

[[Page 56593]]

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 5 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 1 airplane of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
8 work hours per airplane to accomplish the proposed inspection and 
modification, and that the average labor rate is $65 per work hour. 
Based on these figures, the cost impact of the proposed AD on the U.S. 
operator is estimated to be $520 for that 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.

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 2003-NM-125-AD.

    Applicability: Model 767-300 series airplanes, line numbers 754, 
761, 767, 775, and 776; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent interference of the A1 galley with the radial 
stiffener on the aft pressure bulkhead, which could result in 
fatigue crack propagation, leading to possible rapid decompression 
of the airplane or to damage and/or interference with the airplane 
control systems that pass through the bulkhead and consequent loss 
of control of the airplane; accomplish the following:

Inspection

    (a) Within 18 months after the effective date of this AD, 
perform a general visual inspection for clearance between the 
corners of the A1 galley and the aft pressure bulkhead, per the 
Accomplishment Instructions of Boeing Service Bulletin 767-53A0102, 
Revision 1, dated April 24, 2003.

    Note 1: 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.''

Corrective Action: Detailed Inspection

    (b) If, during the inspection required by paragraph (a) of this 
AD, the clearance between the corners of the A1 galley and the aft 
pressure bulkhead is found to be less than 1.0 inch, before further 
flight, perform a detailed inspection for damage to the insulation 
and aft pressure bulkhead structure, per the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-53A0102, Revision 
1, dated April 24, 2003. If any damage to the insulation or cracking 
in the aft pressure bulkhead is detected, before further flight, 
repair the damage and/or cracking per the Accomplishment 
Instructions of the service bulletin, except where the service 
bulletin specifies to contact the manufacturer for repair 
instructions if damage exceeds the conditions covered in the 
Structural Repair Manual. If damage exceeds the limits specified in 
the Structural Repair Manual, before further flight, repair per a 
method approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA; or per data meeting the type certification basis 
of the airplane approved by a Boeing Company Designated Engineering 
Representative who has been authorized by the Manager, Seattle ACO, 
to make such findings. For a repair method to be approved, the 
approval must specifically reference this AD.


    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Concurrent Modification

    (c) Before or concurrent with the requirements of paragraph (a) 
of this AD, modify the A1 galley, per the Accomplishment 
Instructions of Boeing Service Bulletin 767-53A0102, Revision 1, 
dated April 24, 2003.


    Note 3: Boeing Service Bulletin 767-53A0102, Revision 1, refers 
to BE Aerospace Service Bulletins 25-30-0079, dated April 22, 2002; 
and 25-30-0080, dated April 22, 2002; as additional sources of 
service information for accomplishment of the modification for Model 
767-300 series airplanes.

Actions Accomplished Per Previous Issue of Service Bulletin

    (d) The applicable actions accomplished before the effective 
date of this AD per Boeing Service Bulletin 767-53A0102, dated 
November 21, 2002, are considered acceptable for compliance with the 
corresponding actions specified in this AD.

Alternative Methods of Compliance

    (e) In accordance with 14 CFR 39.19, the Manager, Seattle ACO, 
FAA, is authorized to approve alternative methods of compliance for 
this AD.


[[Page 56594]]


    Issued in Renton, Washington, on September 24, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-24848 Filed 9-30-03; 8:45 am]
BILLING CODE 4910-13-P