[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Proposed Rules]
[Pages 10364-10366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4928]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-263-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 would require inspections to 
detect cracking or corrosion of the fail-safe straps between the side 
fitting of the rear spar bulkhead at body station 955 and the skin; and 
follow-on/corrective actions. This action is necessary to detect and 
correct fatigue cracking or corrosion of the fail-safe straps, which 
could result in cracking of adjacent structure and consequent reduced 
structural integrity of the fuselage. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by April 19, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-263-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. 2002-NM-263-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 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.

[[Page 10365]]


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:
     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 proposed 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 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 2002-NM-263-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. 2002-NM-263-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received reports of cracked and/or corroded fail-safe 
straps at body station (BS) 955 on Boeing Model 767-200 series 
airplanes. The airplane manufacturer has found that such fatigue 
cracking is due to residual tension in the fail-safe strap. Fatigue 
cracking or corrosion of the fail-safe straps between the side fitting 
of the rear spar bulkhead at BS 955 and the skin, if not detected and 
corrected, could result in cracking of adjacent structure and 
consequent reduced structural integrity of the fuselage.
    The fail-safe strap on certain Model 767-300 and -300F series 
airplanes are identical to those on the affected Model 767-200 series 
airplanes. Therefore, all of these models may be subject to the same 
unsafe condition.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
767-53A0100, dated September 26, 2002. The service bulletin describes 
procedures for an initial detailed inspection and eddy current 
inspection to detect cracking or corrosion of the fail-safe straps 
between the side fitting of the rear spar bulkhead at BS 955 and the 
skin; and follow-on/corrective actions. The follow-on/corrective 
actions include performing repetitive detailed and eddy current 
inspections or contacting Boeing for repair and repeat inspection 
information, as applicable.

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 service bulletin described previously, except as discussed below.

Differences Between Proposed Rule and Service Bulletin

    We have determined to simplify the complex compliance time 
specified in the service bulletin in order to reduce potential 
confusion and inadvertent non-compliances. We find that a compliance 
time of ``prior to the accumulation of 15,000 total flight cycles, or 
within 3,000 flight cycles after the effective date of the AD, 
whichever occurs later'' will provide an acceptable level of safety.
    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.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Cost Impact

    There are approximately 833 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 354 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
2 work hours per airplane to accomplish the proposed inspections, 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 $46,020, or $130 per airplane, per inspection cycle.
    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.

[[Page 10366]]

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 2002-NM-263-AD.

    Applicability: All Model Boeing Model 767-200, -300, and -300F 
series airplanes, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct fatigue cracking or corrosion of the fail-
safe straps between the side fitting of the rear spar bulkhead at 
body station (BS) 955 and the skin, which could result in cracking 
of adjacent structure and consequent reduced structural integrity of 
the fuselage, accomplish the following:

Inspections and Follow-On/Corrective Actions

    (a) Except as provided by paragraph (b) of this AD, prior to the 
accumulation of 15,000 total flight cycles, or within 3,000 flight 
cycles after the effective date of this AD, whichever occurs later, 
perform a detailed inspection and eddy current inspection to detect 
cracking or corrosion of the fail-safe straps between the side 
fitting of the rear spar bulkhead at BS 955 and the skin, per Figure 
2 of the Accomplishment Instructions of Boeing Alert Service 
Bulletin 767-53A0100, dated September 26, 2002.

    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.''

    (1) If no crack or corrosion is found, repeat the inspections 
thereafter at intervals not to exceed 6,000 flight cycles or 36 
months, whichever occurs first.
    (2) If any crack or corrosion is found, before further flight, 
repair per a method approved by the Manager, Seattle Aircraft 
Certification Office (ACO), FAA; or 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.
    (b) For airplanes that have replaced the failsafe strap before 
the effective date of this AD: Do the actions required by paragraph 
(a) of this AD within 12,000 flight cycles after accomplishing the 
replacement.

Alternative Methods of Compliance

    (c)(1) In accordance with 14 CFR 39.19, the Manager, Seattle 
ACO, FAA, is authorized to approve alternative methods of compliance 
(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 Designated Engineering Representative who has been 
authorized by the Manager, Seattle ACO, to make such findings.

    Issued in Renton, Washington, on February 26, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-4928 Filed 3-4-04; 8:45 am]
BILLING CODE 4910-13-P