[Federal Register Volume 69, Number 136 (Friday, July 16, 2004)]
[Rules and Regulations]
[Pages 42549-42551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15759]



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  Federal Register / Vol. 69, No. 136 / Friday, July 16, 2004 / Rules 
and Regulations  

[[Page 42549]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-109-AD; Amendment 39-13728; AD 2004-14-19]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 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 all Boeing Model 767 series airplanes, that requires 
repetitive detailed inspections of the aft pressure bulkhead for 
indications of ``oil cans'' and previous ``oil can'' repairs, and 
corrective actions, if necessary. An ``oil can'' is an area on a 
pressure dome web that moves when pushed from the forward side. This 
action is necessary to detect and correct the propagation of fatigue 
cracks in the vicinity of ``oil cans'' on the web of the aft pressure 
bulkhead, which could result in rapid decompression of the passenger 
cabin, possible damage 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 August 20, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 20, 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 National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call (202) 741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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 all Boeing Model 767 series 
airplanes was published in the Federal Register on February 6, 2004 (69 
FR 5771). That action proposed to require repetitive detailed 
inspections of the aft pressure bulkhead for indications of ``oil 
cans'' and previous ``oil can'' repairs, and corrective actions, if 
necessary. An ``oil can'' is an area on a pressure dome web that moves 
when pushed from the forward side.

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.

Support for Proposed Rule

    One commenter states that it supports the proposed rule.

Request for Clarification When Cause of Previous Repair Is Unknown

    One commenter requests clarification on what to do when the cause 
of the damage for a previous repair of the aft pressure bulkhead is 
unknown. The commenter notes that the cause of the damage might not be 
possible to determine. The commenter questions if operators should 
assume the cause of the damage was due to an ``oil canning'' condition 
when the cause of the damage for a previous repair is unknown.
    The FAA agrees that clarification is needed when the cause of the 
damage for a previous repair of the aft pressure bulkhead is unknown. 
Paragraph (c) of the final rule requires a detailed inspection if any 
previous ``oil can'' repair is found during the inspection of the aft 
pressure bulkhead required by paragraph (b) of the final rule. If the 
cause of the damage for a previous repair is unknown, operators should 
assume the repairs are ``oil can'' repairs. We have added the following 
text to paragraph (b) of the final rule: ``In the absence of 
information proving otherwise, assume a previous repair of the aft 
pressure bulkhead is an `oil can' repair.''

Request To Clarify Reference

    One commenter states that both service bulletins refer to Boeing 
767 Airplane Maintenance Manual (AMM) 38-11-01/401 for the removal and 
installation of the potable water tanks. The commenter believes the 
correct reference is AMM 38-11-01/201. We infer that the commenter 
requests that the reference be clarified.
    We agree that the reference for the removal and installation of the 
potable water tanks should be clarified and have confirmed that AMM 38-
11-01/201 is the correct reference. We have added the following text to 
paragraph (a) of the final rule: ``Where Figure 5 of the service 
bulletin specifies to refer to Boeing 767 Airplane Maintenance Manual 
(AMM) 38-11-01/401 for the removal and installation of the potable 
water tanks, refer to AMM 38-11-01/201.''

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.

Interim Action

    This is considered to be interim action. The FAA may consider 
further rulemaking to reduce thresholds if cracks are reported earlier 
than the predicted fatigue life.

Cost Impact

    There are approximately 890 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 398 airplanes of U.S. registry 
will be

[[Page 42550]]

affected by this AD, that it will take approximately 14 work hours per 
airplane to accomplish the required actions, 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 $362,180, or $910 per 
airplane, per inspection cycle.
    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:

2004-14-19 Boeing: Amendment 39-13728. Docket 2003-NM-109-AD.

    Applicability: All Model 767 series airplanes, certificated in 
any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct the propagation of fatigue cracks in the 
vicinity of ``oil cans'' on the web of the aft pressure bulkhead, 
which could result in rapid decompression of the passenger cabin, 
possible damage or interference with the airplane control systems 
that pass through the bulkhead, and consequent loss of control of 
the airplane, accomplish the following:

Service Bulletin References

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the service bulletin specified in 
paragraph (a)(1) or (a)(2) of this AD, as applicable. Where Figure 5 
of the service bulletin specifies to refer to Boeing 767 Airplane 
Maintenance Manual (AMM) 38-11-01/401 for the removal and 
installation of the potable water tanks, refer to AMM 38-11-01/201.
    (1) For Model 767-200, -300, and -300F series airplanes: Boeing 
Alert Service Bulletin 767-53A0105, dated April 10, 2003.
    (2) For Model 767-400ER series airplanes: Boeing Alert Service 
Bulletin 767-53A0106, dated April 10, 2003.

Initial and Repetitive Inspections

    (b) Perform a detailed inspection of the aft pressure bulkhead 
for indications of ``oil cans'' and previous ``oil can'' repairs, in 
accordance with the service bulletin, at the applicable time 
specified in paragraph (b)(1) or (b)(2) of this AD. In the absence 
of information proving otherwise, assume a previous repair of the 
aft pressure bulkhead is an ``oil can'' repair. Repeat the detailed 
inspection thereafter at intervals not to exceed 6,000 flight 
cycles.

    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) For Model 767-200 and -300 series airplanes: Prior to the 
accumulation of 50,000 total flight cycles, or within 1,000 flight 
cycles after the effective date of this AD, whichever is later.
    (2) For Model 767-300F and -400ER series airplanes: Prior to the 
accumulation of 40,000 total flight cycles, or within 1,000 flight 
cycles after the effective date of this AD, whichever is later.

Indication of Previous ``Oil Can'' Repairs

    (c) If any previous ``oil can'' repair is found during any 
detailed inspection required by paragraph (b) of this AD: Before 
further flight, do a detailed inspection of the web around any ``oil 
can'' repair for cracks or smaller ``oil cans,'' in accordance with 
the service bulletin.
    (1) If any crack is found, before further flight, repair in 
accordance with the service bulletin. Where the service bulletin 
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.
    (2) If any ``oil can'' is found, before further flight, perform 
the surface high frequency eddy current (HFEC) inspection specified 
in paragraph (d) of this AD.

Indication of ``Oil Can''

    (d) If any indication of an ``oil can'' is found during any 
detailed inspection specified in paragraph (b) or (c) of this AD: 
Before further flight, perform a surface HFEC inspection of the web 
around the periphery and in the center of the ``oil can'' indication 
for cracks, at all ``oil cans,'' and perform a detailed inspection 
of the web for cracks, in accordance with the service bulletin. 
Alternative inspection specified in the service bulletin is 
acceptable for this AD.
    (1) If no crack is found and the ``oil can'' meets the allowable 
limits specified in the service bulletin, do the action in either 
paragraph (d)(1)(i) or (d)(1)(ii) of this AD.
    (i) Repeat the surface HFEC inspection specified in paragraph 
(d) of this AD thereafter at intervals not to exceed 3,000 flight 
cycles.
    (ii) Before further flight, repair the ``oil can'' in accordance 
with the service bulletin. Repair of all ``oil cans'' is considered 
a terminating action for the repetitive HFEC inspections required by 
paragraph (d)(1)(i) of this AD. However, continue to repeat the 
detailed inspection required by paragraph (b) of this AD.
    (2) If no crack is found and the ``oil can'' does not meet the 
specified allowable limits specified in the service bulletin: Before 
further flight, repair the ``oil can'' in accordance with the 
service bulletin. If, following the repair, any ``oil can'' remains 
that meets the allowable limits specified in the service bulletin, 
do the action required by either paragraph (d)(1)(i) or (d)(1)(ii) 
of this AD.
    (3) If any crack is found, before further flight, repair in 
accordance with the service bulletin. Where the service bulletin 
specifies to contact Boeing for appropriate action, before further 
flight, repair per a method

[[Page 42551]]

approved by the Manager, Seattle ACO, 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.

Alternative Methods of Compliance

    (e) In accordance with 14 CFR 39.19, the Manager, Seattle ACO, 
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 767-53A0105, 
dated April 10, 2003; or Boeing Alert Service Bulletin 767-53A0106, 
dated April 10, 2003; as applicable. 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 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call (202) 741-6030, 
or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Effective Date

    (g) This amendment becomes effective on August 20, 2004.

    Issued in Renton, Washington, on July 1, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-15759 Filed 7-15-04; 8:45 am]
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