[Federal Register Volume 68, Number 193 (Monday, October 6, 2003)]
[Proposed Rules]
[Pages 57639-57642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25230]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-49-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200, -300, and -300F 
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 767-200, -300, 
and -300F series airplanes. This proposal

[[Page 57640]]

would require repetitive inspections of the aft pressure bulkhead web, 
and corrective action, if necessary. This action is necessary to detect 
and correct fatigue cracks in the aft pressure bulkhead web, which 
could result in uncontrolled rapid decompression. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by November 20, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-49-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-49-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, 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-49-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-49-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received reports of fatigue cracks at the aft pressure 
bulkhead web on Boeing Model 737 and 747 series airplanes. This 
condition, if not detected and corrected, could result in uncontrolled 
rapid decompression.
    The aft pressure bulkhead web on Boeing Model 767-200, -300, and -
300F series airplanes is almost identical to that on the affected 
Boeing Model 737 and 747 series airplanes. Therefore, those Boeing 
Model 767-200, -300, and -300F series airplanes may be subject to the 
unsafe condition revealed on the Boeing Model 737 and 747 series 
airplanes.

Other Relevant Rulemaking

    The FAA has previously issued AD 1999-08-23, amendment 39-11132 (64 
FR 19879, May 10, 1999), applicable to certain Boeing Model 737 series 
airplanes. That AD requires repetitive inspections to detect cracking 
in the web of the aft pressure bulkhead at body station 1016 at the aft 
fastener row attachment to the ``Y'' chord; and corrective actions, if 
necessary. This proposed AD would not affect the current requirements 
of that AD.
    The FAA has also previously issued AD 2000-15-08, amendment 39-
11840 (65 FR 47255, September 6, 2000), applicable to certain Boeing 
Model 747 series airplanes. That AD requires repetitive inspections for 
damage or cracking of the aft pressure bulkhead; cracking of the 
bulkhead web-to-Y-ring lap joint area; cracking of the upper segment of 
the bulkhead web; and cracking of the upper and lower segments of the 
aft bulkhead web. This proposed AD would not affect the current 
requirements of that AD.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
767-53A0087, dated October 21, 1999, which describes procedures for 
performing repetitive high frequency eddy current inspections for 
fatigue cracking of the aft pressure bulkhead web and contacting Boeing 
for repair or inspection instructions. Accomplishment of the actions 
specified in the service bulletin 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 similar type design, the proposed 
AD would require accomplishment of the actions specified in the service 
bulletin described previously, except as discussed below.

Differences Between Proposed Rule and Service Bulletin

    Operators should note that, although the service bulletin specifies 
that the manufacturer may be contacted for disposition of certain 
repair conditions, this proposal would require the repair of those 
conditions to be accomplished 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.
    Operators should also note that, although the service bulletin 
specifies that the manufacturer may be contacted for certain inspection 
details, this proposal would require an alternative method of 
compliance to be approved as required by sections 39.15, 39.17, and 
39.19 of the Code of Federal Regulations (14 CFR 39.15, 39.17, 39.19).
    Operators should also note that, although the service bulletin does 
not

[[Page 57641]]

list a grace period in the compliance times, this proposal adds a grace 
period to the compliance times. The FAA finds that such a grace period 
will keep airplanes from being grounded unnecessarily.

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.

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 848 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 357 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
14 work hours per airplane to accomplish the proposed inspection, and 
that the average labor rate is $65 per work hour. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $324,870, or $910 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 2003-NM-49-AD.

    Applicability: Model 767-200, -300, -300F series airplanes, as 
listed in Boeing Alert Service Bulletin 767-53A0087, dated October 
21, 1999; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct fatigue cracks in the aft pressure 
bulkhead web, which could result in uncontrolled rapid 
decompression, accomplish the following:

Initial and Repetitive Inspections

    (a) Do high frequency eddy current inspections of the aft 
pressure bulkhead web, per the Accomplishment Instructions of Boeing 
Alert Service Bulletin 767-53A0087, dated October 21, 1999; at the 
later of the applicable ``Threshold'' and ``Grace Period'' times 
specified in Table 1 of this AD. Table 1 as follows:

                Table 1.--Compliance Times for Inspection
------------------------------------------------------------------------
                                           Compliance times
             For             -------------------------------------------
                                    Threshold           Grace period
------------------------------------------------------------------------
(1) Group 1 airplanes as      Prior to the          Within 18 months or
 identified in the service     accumulation of       within 3,000
 bulletin.                     37,500 total flight   flights after the
                               cycles.               effective date of
                                                     this AD, whichever
                                                     comes first.
(2) Group 2 and 3 airplanes   Prior to the          Within 18 months or
 as identified in the          accumulation of       within 3,000
 service bulletin.             50,000 total flight   flights after the
                               cycles.               effective date of
                                                     this AD, whichever
                                                     comes first.
(3) Group 4 airplanes as      Prior to the          Within 18 months or
 identified in the service     accumulation of       within 3,000
 bulletin.                     40,000 total flight   flights after the
                               cycles.               effective date of
                                                     this AD, whichever
                                                     comes first.
------------------------------------------------------------------------

    (b) If no crack is found during any inspection required by 
paragraph (a), repeat the high frequency eddy current inspections at 
intervals specified in paragraphs (b)(1) or (b)(2) of this AD, as 
applicable:
    (1) For Group 1 and 2 airplanes, at intervals not to exceed 
6,000 flight cycles, per the Accomplishment Instructions of Boeing 
Alert Service Bulletin 767-53A0087, dated October 21, 1999.
    (2) For Group 3 and 4 airplanes, at intervals not to exceed 
12,000 flight cycles, per the Accomplishment Instructions of Boeing 
Alert Service Bulletin 767-53A0087, dated October 21, 1999.

[[Page 57642]]

Corrective Actions

    (c) If any crack is found during any inspection required by 
paragraph (a) or (b) of this AD and Boeing Alert Service Bulletin 
767-53A0087, dated October 21, 1999, specifies to contact Boeing for 
repair: 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.

Previously Installed Repairs

    (d) If previously installed repairs are installed in the 
inspection area, and Boeing Alert Service Bulletin 767-53A0087, 
dated October 21, 1999, specifies to contact Boeing for inspection 
details, an alternative method of compliance must be approved as 
required by sections 39.15, 39.17, and 39.19 of the Code of Federal 
Regulations (14 CFR 39.15, 39.17, 39.19).

Alternative Methods of Compliance

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

    Issued in Renton, Washington, on September 29, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-25230 Filed 10-3-03; 8:45 am]
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