[Federal Register Volume 69, Number 75 (Monday, April 19, 2004)]
[Rules and Regulations]
[Pages 20815-20817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8543]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-125-AD; Amendment 39-13576; AD 2004-08-07]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-300 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 767-300 series airplanes, that 
requires a general visual inspection for clearance between the corners 
of the A1 galley and the aft pressure bulkhead, and corrective actions, 
if necessary. This amendment also requires modification of the A1 
galley. This action is 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: Effective May 24, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 24, 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, 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: 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 certain Boeing Model 767-300 
series airplanes was published in the Federal Register on October 1, 
2003 (68 FR 56591). That action proposed to require a general visual 
inspection for clearance between the corners of the A1 galley and the 
aft pressure bulkhead, and corrective actions, if necessary. That 
action also proposed to require modification of the A1 galley.

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.

Request To Withdraw the Proposed AD

    One commenter, the airplane manufacturer, requests that the 
proposed AD be withdrawn. The commenter asserts that the proposed AD 
affects five airplanes currently operated by two operators. Of those 
five airplanes, the commenter states that three have adequate 
clearance, and no further action is required for those airplanes by 
Boeing Service Bulletin 767-53A0102 (referenced in the proposed AD as 
the appropriate source of service information for accomplishment of the 
actions in the proposed AD). The commenter further states that the 
(non-U.S.) operator of the two airplanes, which require further action, 
has the corrective actions scheduled.
    We do not agree that the AD be withdrawn. As we explained in the 
preamble to the proposed AD, the AD differs from the service bulletin 
in that the AD mandates modification of the A1 galley regardless of the 
clearance, because the A1 galley is interchangeable and may be 
installed on other airplanes. The A1 galley exceeds the allowable size-
envelope by three inches; this may result in interference and damage to 
the radial stiffener on the aft pressure bulkhead when the galley is 
installed on a different airplane. The airplane manufacturer agrees 
that such damage to the radial stiffener could cause decompression and/
or interference with the airplane control systems. Therefore, we have 
determined that the modification is necessary.
    Additionally, even though the two unmodified airplanes are not 
registered in the U.S. and are scheduled to be brought into compliance 
with the requirements of the AD, the issuance of the AD is still 
necessary to ensure that those airplanes will be required to be in 
compliance should they be imported and placed on the U.S. register in 
the future. For these reasons, we find that the AD cannot be withdrawn. 
No change to the final rule is necessary in this regard.

Request To Reduce Compliance Time

    One commenter supports the proposed AD, but requests that the 
proposed 18-month compliance time for inspection of the clearance 
between the corners of the A1 galley and the aft pressure bulkhead be 
reduced. The commenter states that, because of the seriousness of the 
potential resulting damage caused by improper clearances, the 
inspection should be conducted and any identified damage be repaired in 
a more timely manner. The commenter suggests no specific compliance 
time.
    The FAA does not agree. In developing an appropriate compliance 
time, we considered the safety implications and normal maintenance 
schedules for timely accomplishment of the inspection. Further, we 
arrived at the compliance time with operator and manufacturer 
concurrence. In consideration of these factors, and because the amount 
of time required for a fatigue crack to initiate and propagate from a 
single area of damage is sufficiently long, we determined that the 
compliance time, as proposed, represents an appropriate interval in 
which the inspection can be accomplished in a timely manner, while 
still maintaining an adequate level of safety. Operators are always 
permitted to accomplish the requirements of an AD at a time earlier 
than the specified compliance time; therefore, an operator may choose 
to accomplish the inspection before the compliance time. If additional 
data are presented that would justify a shorter compliance time, we may 
consider further rulemaking on this issue. No change to the final rule 
is necessary in this regard.

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 as proposed.

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 
will be affected by this AD, that it will take approximately 8

[[Page 20816]]

work hours per airplane to accomplish the required inspection and 
modification, and that the average labor rate is $65 per work hour. 
Based on these figures, the cost impact of the 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 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 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:

2004-08-07 Boeing: Amendment 39-13576. 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 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 Alert 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.

Incorporation by Reference

    (f) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Service Bulletin 767-53A0102, 
Revision 1, dated April 24, 2003. 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 May 24, 2004.



[[Page 20817]]


    Issued in Renton, Washington, on April 6, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-8543 Filed 4-16-04; 8:45 am]
BILLING CODE 4910-13-P