[Federal Register Volume 69, Number 46 (Tuesday, March 9, 2004)]
[Rules and Regulations]
[Pages 10917-10919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4922]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-49-AD; Amendment 39-13511; AD 2004-05-16]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200 and -300 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD),

[[Page 10918]]

applicable to certain Boeing Model 767-200 and -300 series airplanes, 
that requires 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: Effective April 13, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 13, 2004.

ADDRESSES: 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 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, 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) to include an airworthiness 
directive (AD) that is applicable to all Boeing Model 767-200, -300, 
and -300F series airplanes was published in the Federal Register on 
October 6, 2003 (68 FR 57639). That action proposed to require 
repetitive inspections of the aft pressure bulkhead web, and corrective 
action, if necessary.

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.

Concur With Proposed AD

    One commenter has reviewed the proposed AD and concurs with the 
proposed inspections and corrective action.

Add Provision for Flight Cycles With Cabin Differential Pressure Less 
Than 2.0 psi

    One commenter requests that a provision be added allowing flight 
cycles to not be counted if cabin differential pressure was below 2.0 
pounds per square inch (psi), provided that cabin pressure records be 
maintained for each airplane, and that no fleet averaging of cabin 
pressure is allowed. The commenter notes that there is a provision in 
Boeing Alert Service Bulletin 767-53A0087, dated October 21, 1999, 
which is the source of service information for this AD. In the 
``General Notes'' of the Accomplishment Instructions of the service 
bulletin, paragraph 6. specifies that ``flight-cycles, as defined 
herein, need not be counted if cabin differential pressure was below 
2.0 psi.''
    We do not agree with the commenter's request to add a provision for 
flight cycles with cabin differential pressure less than 2.0 psi. Cabin 
differential pressure of 2.0 psi or less is not typical of normal 
operation of the affected airplanes. We do not consider it appropriate 
to include various provisions in an AD applicable to unique uses of an 
affected airplane. We have determined that mitigating factors, such as 
total number of low pressure cycles, could best be evaluated through 
requests for alternative methods of compliance, as provided by 
paragraph (e) of this AD. In addition, we have clarified paragraphs (a) 
and (b) of this AD by referring to the ``Work Instructions'' of the 
service bulletin instead of the ``Accomplishment Instructions.''

Change Effectivity and Revise Affected Models

    One commenter requests the applicability be changed to line numbers 
1 through 423 inclusive and that Model -300F series airplanes be 
removed from the list of affected models. The commenter states that AD 
2003-18-10, amendment 39-13301 (68 FR 53503, September 11, 2003), 
mandates the current revision of Section 9 of the Maintenance Planning 
Data document, which contains inspection item number 53-80-I01A. 
Inspection item number 53-80-I01A is the same as the proposed actions 
for line numbers 424 and on. This would cause duplicate requirements 
for the same actions, causing confusion for operators as to what 
inspections to accomplish and how to comply with both ADs.
    The FAA agrees with the commenter's request. For line numbers 424 
and on, the Airworthiness Limitations for Boeing Model 767 series 
airplanes are currently in effect and AD 2003-18-10 adequately mandates 
the proposed inspections and corrective action. We have changed the 
applicability to line numbers 1 through 423 inclusive and removed Model 
-300F series airplanes from the list of affected models. Because of the 
new applicability, we also removed Group 3 and Group 4 from Table 1 of 
this AD, revised paragraph (b) of this AD, and changed the number of 
affected airplanes in the ``Cost Impact'' paragraph of the AD.

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 406 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 182 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 14 work 
hours per airplane to accomplish the required inspection, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be $165,620, or 
$910 per airplane.
    The cost impact figure discussed above is 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

[[Page 10919]]

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 adding the following new airworthiness 
directive:

2004-05-16 Boeing: Amendment 39-13511. Docket 2003-NM-49-AD.

    Applicability: Model 767-200 and -300 series airplanes, line 
numbers 1 through 423 inclusive; 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 Work 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 is as follows:

                                    Table 1.--Compliance Times for Inspection
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                                                                   Compliance times--
                 For--                 -------------------------------------------------------------------------
                                                  Threshold--                        Grace period--
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(1) Group 1 airplanes as identified in  Prior to the accumulation of    Within 18 months or within 3,000 flights
 the service bulletin.                   37,500 total flight cycles.     after the effective date of this AD,
                                                                         whichever comes first
(2) Group 2 airplanes as identified in  Prior to the accumulation of    Within 18 months or within 3,000 flights
 the service bulletin.                   50,000 total flight cycles.     after the effective date of this AD,
                                                                         whichever comes first
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    (b) If no crack is found during any inspection required by 
paragraph (a) of this AD, repeat the high frequency eddy current 
inspections thereafter at intervals not to exceed 6,000 flight 
cycles, per the Work Instructions of Boeing Alert Service Bulletin 
767-53A0087, dated October 21, 1999.

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 ACO, 
FAA, is authorized to approve alternative methods of compliance for 
this AD.

Incorporation by Reference

    (f) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Alert Service Bulletin 767-53A0087, 
dated October 21, 1999. This incorporation by reference was 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

    (g) This amendment becomes effective on April 13, 2004.

    Issued in Renton, Washington, on February 25, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-4922 Filed 3-8-04; 8:45 am]
BILLING CODE 4910-13-P