[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Rules and Regulations]
[Pages 10321-10323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4660]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-17-AD; Amendment 39-13505; AD 2004-05-10]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Boeing Model 767 series airplanes, that 
currently requires repetitive detailed visual inspections of the aft 
pressure bulkhead for damage and cracking, and repair if necessary. 
That AD also requires additional eddy current inspections prior to the 
airplane accumulating 25,000 flight cycles. This amendment requires a 
reduction of the interval for the detailed and repetitive eddy current 
inspections. The actions specified in this AD are intended to prevent 
fatigue cracking of the aft pressure bulkhead, which could result in 
rapid depressurization of the airplane and possible damage or 
interference with the airplane control systems that penetrate the 
bulkhead, and consequent loss of controllability of the airplane. This 
action is intended to address the identified unsafe condition.

DATES: Effective March 22, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 22, 2004.
    Comments for inclusion in the Rules Docket must be received on or 
before May 4, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2004-NM-17-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. 2004-NM-17-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 this AD may be obtained from 
Boeing Commercial Airplanes, 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; 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: On February 27, 1990, the FAA issued AD 88-
19-03 R1, amendment 39-6532 (55 FR 8118, March 7, 1990), applicable to 
certain Boeing Model 767 series airplanes, to require repetitive 
detailed visual inspections of the aft pressure bulkhead for damage and 
cracking, and repair if necessary. That AD also requires additional 
eddy current inspections prior to the airplane accumulating 25,000 
flight cycles. That action was prompted by reports of cracking detected 
during fatigue testing

[[Page 10322]]

of the aft pressure bulkhead. The actions required by that AD are 
intended to prevent failure of the aft pressure bulkhead and 
depressurization of the airplane.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, we have received a report of 
multiple-site fatigue cracking in two lap splices on the aft pressure 
bulkhead of one airplane. The airplane had accumulated approximately 
32,000 total flight cycles. The repetitive inspection intervals 
required by AD 88-19-03 R1 are based on the damage tolerance capability 
of the structure with a single crack rather than multiple-site crack 
pattern. Such fatigue cracking of the aft pressure bulkhead could 
result in rapid depressurization of the airplane and possible damage or 
interference with the airplane control systems that penetrate the 
bulkhead, and consequent loss of controllability of the airplane.

New Service Information

    We have approved Boeing Alert Service Bulletin (ASB) 767-53A0026, 
Revision 5, dated January 29, 2004. (The original and Revision 1 of 
this ASB were the appropriate service information referenced in AD 88-
19-03 R1.) Revision 5 of the ASB describes procedures for repetitive 
detailed inspections for damage (e.g., nicks, tears, scratches, dents, 
and corrosion) of the aft pressure bulkhead, and repair if necessary. 
The ASB also describes procedures for repetitive high frequency and low 
frequency eddy current inspections for cracking of body station (BS) 
1582 bulkhead, web lap splices, and tearstrap splices, and repair if 
necessary. Revision 5 of the ASB also recommends a reduction of the 
repetitive intervals for those inspections from 6,000 flight cycles to 
1,800 flight cycles. Additionally, the ASB describes procedures for a 
one-time detailed inspection and a high frequency eddy current 
inspection of the web to determine if any ``oil cans'' are present, and 
repair if necessary.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of this same type design, this AD 
supersedes AD 88-19-03 R1 to require the actions specified in the ASB 
described previously, except as described below.

Differences Between the ASB and the AD

    Although Boeing ASB 767-53A0026, Revision 5, dated January 29, 
2004, contains procedures for a one-time detailed inspection and a high 
frequency eddy current inspection of the web to determine if any ``oil 
cans'' are present, and repair if necessary, this AD does not require 
those actions. We have determined that those actions do not represent 
the urgency of the other procedures specified in the ASB. Therefore, we 
are considering separate rulemaking to propose those actions.
    The Boeing ASB also provides the following information in Note 6 of 
the Accomplishment Instructions: ``For the purposes of this service 
bulletin, do not count flight-cycles with a cabin pressure differential 
of 2.0 [pounds per square inch (psi)] or less. However, any flight-
cycle with momentary spikes in cabin pressure differential above 2.0 
psi must be included as a full-pressure flight-cycle. Cabin pressure 
records must be maintained for each airplane. Fleet averaging of cabin 
pressure is not allowed.'' This AD, however, does not permit such 
allowances for the new requirements of this AD. We consider that 
numerous factors, such as total number of low pressure cycles, amount 
of thrust, number of gross weight flight cycles, etc., affect the 
calculation of flight cycles. We find that these mitigating factors can 
be best evaluated through requests for alternative methods of 
compliance, as provided for in paragraph (g)(1) of this AD. Operators 
should note that, although AD 88-19-03 R1 provides for such allowance, 
we have removed such provision in this AD for the reasons stated 
previously.
    Additionally, the Accomplishment Instructions of the ASB specify 
that operators may contact the manufacturer for disposition of certain 
repair instructions. This AD requires that, if repair requirements 
exceed allowable repair criteria, operators must repair 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.

Editorial Changes to the AD

    Paragraphs referenced in the ``Restatement of the Requirements of 
AD 88-19-03 R1'' section of this AD have been renumbered to conform to 
the current AD formatting style.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Submit comments using the following format:
     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.
     For each issue, state what specific change to 
the AD is being requested.
     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 rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2004-NM-17-AD.'' The postcard will be date stamped and 
returned to the commenter.

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.

[[Page 10323]]

    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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 39-6532 (55 FR 8118, 
March 7, 1990), and by adding a new airworthiness directive (AD), 
amendment 39-13505, to read as follows:

2004-05-10 Boeing: Amendment 39-13505. Docket 2004-NM-17-AD. 
Supersedes AD 88-19-03 R1, Amendment 39-6532.

    Applicability: Model 767 series airplanes, line number 001 
through 175 inclusive; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue cracking of the aft pressure bulkhead, which 
could result in rapid depressurization of the airplane and possible 
damage or interference with the airplane control systems that 
penetrate the bulkhead, and consequent loss of controllability of 
the airplane; accomplish the following:

Restatement of AD 88-09-03 R1

    (a) Prior to the accumulation of 6,000 flight cycles or within 
the next 1,000 flight cycles after September 26, 1988 (effective 
date of AD 88-09-03 R1, amendment 39-6001), whichever occurs later, 
unless accomplished within the last 5,000 flight cycles, and 
thereafter at intervals not to exceed 6,000 flight cycles, perform a 
detailed inspection of the aft side of the entire body station 1582 
pressure bulkhead for damage (as defined in the Structural Repair 
Manual) and cracking, in accordance with Boeing Service Bulletin 
767-53-0026, dated November 19, 1987; or Revision 1, dated March 16, 
1989.
    (b) Prior to the accumulation of 25,000 flight cycles, and 
thereafter at intervals not to exceed 6,000 flight cycles, perform 
an eddy current inspection of the body station 1582 pressure 
bulkhead, in accordance with paragraph C. of the Accomplishment 
Instructions of Boeing Service Bulletin 767-53-0026, Revision 1, 
dated March 16, 1989.
    (c) For the purpose of complying with the requirements of 
paragraphs (a) and (b) of this AD, the number of flight cycles may 
be determined to equal the number of pressurization cycles where the 
cabin pressure differential was equal to or greater than 2.0 PSI. 
The pressurization allowance does not apply to the requirements of 
paragraph (e) of this AD.
    (d) Repair all damage and cracking detected during the 
inspections specified in paragraphs (a) and (b) of this AD, prior to 
further flight in accordance with Note 4 in the Accomplishment 
Instructions of Boeing Service Bulletin 767-53-0026, Revision 1, 
dated March 16, 1989. After the effective date of this AD, repair 
must be accomplished per Boeing Alert Service Bulletin (ASB) 767-
53A0026, Revision 5, dated January 29, 2004.

New Requirements of this AD

Detailed Inspection

    Note 1: 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.''

Detailed Inspections and Eddy Current Inspections

    (e) Perform a detailed inspection for damage and cracking of the 
aft side of the aft pressure bulkhead and perform high frequency and 
low frequency eddy current inspections for cracking of the aft 
pressure bulkhead, per the Accomplishment Instructions of Boeing ASB 
767-53A0026, Revision 5, dated January 29, 2004, at the later of the 
times specified in paragraph (e)(1) or (e)(2) of this AD. 
Thereafter, repeat these inspections at intervals not to exceed 
1,800 flight cycles. Accomplishment of the initial inspections 
required by this paragraph, terminate the inspection requirements of 
paragraphs (a) and (b) of this AD.
    (1) Prior to the accumulation of 25,000 total flight cycles, or 
within 1,800 flight cycles after the most recent inspection done per 
AD 88-19-03 R1, whichever occurs later; or
    (2) Within 90 days after the effective date of this AD.

Repair Requirements

    (f) If any damage or cracking is detected during any inspections 
required by paragraph (e) of this AD: Before further flight 
accomplish the requirements of paragraph (f)(1) or (f)(2) of this 
AD, as applicable:
    (1) For repairs within the limits of the Accomplishment 
Instructions of Boeing ASB 767-53A0026, Revision 5, dated January 
29, 2004, repair per the ASB.
    (2) For any repairs outside the limits, 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 (DER) who has been authorized by the Manager, Seattle 
ACO, to make such findings. For a repair method to be approved, as 
required by this paragraph, the approval must specifically reference 
this AD.

Alternative Methods of Compliance (AMOC)

    (g)(1) In accordance with 14 CFR 39.19, the Manager, Seattle 
ACO, FAA, is authorized to approve AMOCs for this AD.
    (2) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by a 
Boeing Company DER who has been authorized by the Manager, Seattle 
ACO, to make such findings.
    (3) AMOCs approved previously for paragraph (c) of AD 88-19-03 
R1, amendment 39-6532, are approved as AMOCs with paragraph (f) of 
this AD.

Incorporation by Reference

    (h) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Service Bulletin 767-53-0026, dated 
November 19, 1987; Boeing Service Bulletin 767-53-0026, Revision 1, 
dated March 16, 1989; and Boeing Alert Service Bulletin 767-53A0026, 
Revision 5, dated January 29, 2004; as applicable. This 
incorporation by reference is 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 Airplanes, 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

    (i) This amendment becomes effective on March 22, 2004.

    Issued in Renton, Washington, on February 24, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-4660 Filed 3-4-04; 8:45 am]
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