[Federal Register Volume 70, Number 15 (Tuesday, January 25, 2005)]
[Rules and Regulations]
[Pages 3473-3475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1207]



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  Federal Register / Vol. 70, No. 15 / Tuesday, January 25, 2005 / 
Rules and Regulations  

[[Page 3473]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18786; Directorate Identifier 2004-NM-26-AD; 
Amendment 39-13947; AD 2005-02-02]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 767-200, -300, and -300F series airplanes. This AD 
requires repetitive high frequency eddy current inspections and 
detailed inspections of the left and right butt line (BL) 25 vertical 
chords for cracks, and corrective actions if necessary. This AD is 
prompted by findings of cracks in the fillet radii of the left and 
right BL 25 vertical chords common to the nose wheel well bulkhead at 
station 287. We are issuing this AD to detect and correct cracks in the 
left and right BL 25 vertical chords, which could grow downward into a 
critical area that serves as a primary load path for the nose landing 
gear (NLG) and result in the collapse of the NLG during landing.

DATES: This AD becomes effective March 1, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of March 
1, 2005.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207. You can examine this information 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.

Docket: The AD docket contains the proposed AD, comments, and any final 
disposition. You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street SW., Room PL-401, 
Washington, DC. This docket number is FAA-2004-18786; the directorate 
identifier for this docket is 2004-NM-26-AD.

FOR FURTHER INFORMATION CONTACT:
    Technical information: 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.
    Plain language information: Marcia Walters, [email protected].

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with an AD for certain Boeing Model 767-200, -300, and -300F series 
airplanes. That action, published in the Federal Register on August 6, 
2004 (69 FR 47804), proposed to require repetitive high frequency eddy 
current inspections and detailed inspections of the left and right butt 
line (BL) 25 vertical chords for cracks, and corrective actions if 
necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the proposed AD.

Request To Include the Line Numbers of the Affected Airplanes in the 
Applicability

    One commenter, the manufacturer, requests that we include the line 
numbers of the affected airplanes in the applicability of this AD. The 
commenter states that including this information (line numbers 1 
through 757 inclusive) will help operators quickly identify the 
airplanes affected by this AD.
    While we agree with the intent of the request, we do not agree that 
the line numbers should be included in the applicability of the final 
rule. Although the commenter has provided the correct line numbers for 
the affected airplanes in this AD, we have determined, in coordination 
with the manufacturer, that we should use the manufacturer-assigned, 
variable numbers in the applicability of an AD. In the past, using line 
numbers has caused errors in the effectivity of the service bulletin, 
and consequently in the applicability of the AD, because the 
manufacturer's database generates the list of affected airplanes by 
variable number. To eliminate these errors and the additional work in 
revising a service bulletin, the manufacturer has chosen to identify 
affected airplanes by variable number in future service bulletins. We 
anticipate this will also save time and work for operators and us 
because fewer ADs will be superseded for applicability errors. 
Therefore, no change to this AD is necessary in this regard.

Request To Update the Discussion Section

    The same commenter also requests that we update the Discussion 
section of the proposed AD. The commenter states that, since issuance 
of the proposed AD, three operators have also reported finding cracks 
on the vertical chords of one Boeing Model 767-200 series airplane and 
several Model 767-300 series airplanes.
    We do not agree with the request, since the Discussion section of a 
proposed AD is not included in a final rule. We thank the commenter for 
the information, but no change is necessary to this final rule.

Explanation of Change to This AD

    Boeing has received a Delegation Option Authorization (DOA). We 
have revised this final rule to delegate the authority to approve an 
alternative method of compliance for any repair required by this AD to 
the Authorized Representative for the Boeing DOA Organization rather 
than the Designated Engineering Representative (DER).

[[Page 3474]]

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD with the change described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 743 airplanes worldwide and 312 airplanes of 
U.S. registry. The required actions take about 8 work hours per 
airplane, at an average labor rate of $65 per work hour. No parts are 
required. Based on these figures, the estimated cost of the AD for U.S. 
operators is $162,240, or $520 per airplane, per inspection cycle.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in title 49 of the United States Code. Subtitle I, section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this AD.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-02-02 Boeing: Amendment 39-13947. Docket No. FAA-2004-18786; 
Directorate Identifier 2004-NM-26-AD.

Effective Date

    (a) This AD becomes effective March 1, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, and -300F 
series airplanes, certificated in any category; as listed in Boeing 
Alert Service Bulletin 767-53A0113, dated February 26, 2004.

Unsafe Condition

    (d) This AD was prompted by findings of cracks in the fillet 
radii of the left and right butt line (BL) 25 vertical chords common 
to the nose wheel well bulkhead at station 287. We are issuing this 
AD to detect and correct cracks in the left and right BL 25 vertical 
chords, which could grow downward into a critical area that serves 
as a primary load path for the nose landing gear (NLG) and result in 
the collapse of the NLG during landing.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Service Bulletin Reference

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
53A0113, dated February 26, 2004.

Initial Inspections

    (g) At the later of the compliance times specified in paragraphs 
(g)(1) and (g)(2) of this AD: Do a high frequency eddy current 
inspection and a detailed inspection of the left and right BL 25 
vertical chords common to the nose wheel well bulkhead at station 
287 for cracks, in accordance with the service bulletin.
    (1) Within 72 months since the date of issuance of the original 
Airworthiness Certificate or the date of issuance of the original 
Export Certificate of Airworthiness.
    (2) Within 18 months after the effective date of this AD.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

No Cracks Found

    (h) For any BL 25 vertical chord in which no crack is found 
during any inspection required by paragraph (g) of this AD: 
Thereafter at intervals not to exceed 48 months, repeat the 
inspections required by paragraph (g) of this AD for any BL 25 
vertical chord that has not been repaired according to paragraph (i) 
or (j) of this AD.

Cracks Found: Extending Below Water Line (WL) 159

    (i) If any crack is found on any BL 25 vertical chord during any 
inspection required by paragraph (g) or (h) of this AD, and the 
crack extends below WL 159: Before further flight, repair according 
to a method approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA; or according to data meeting the certification 
basis of the airplane approved by an Authorized Representative for 
the Boeing Delegation Option Authorization Organization who has been 
authorized by the Manager, Seattle ACO, to make those findings. For 
a repair method to be approved, the approval must specifically 
reference this AD.

Cracks Found: Not Extending Below WL 159

    (j) If any crack is found in any BL 25 vertical chord during any 
inspection required by paragraph (g) or (h) of this AD, and the 
crack does not extend below WL 159: Before further flight, repair 
any damaged BL 25 vertical chord in accordance with the service 
bulletin.

Repaired BL 25 Vertical Chords

    (k) Repair of any BL 25 vertical chord in accordance with 
paragraph (i) or (j) of this AD, as applicable, terminates the 
repetitive inspections required by paragraph (h) of this AD for the 
repaired vertical chord only. If both the left and right BL 25 
vertical chords are repaired as required by paragraph (i) or (j) of 
this AD, as applicable, no more work is required by this AD.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the

[[Page 3475]]

authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.
    (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 an 
Authorized Representative for the Boeing Delegation Option 
Authorization Organization who has been authorized by the Manager, 
Seattle ACO, to make those findings.

Material Incorporated by Reference

    (m) You must use Boeing Alert Service Bulletin 767-53A0113, 
dated February 26, 2004, to perform the actions that are required by 
this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approves the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For 
copies of the service information, contact Boeing Commercial 
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. For 
information on the availability of this material at the National 
Archives and Records Administration (NARA), call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    You may view the AD docket at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., Room PL-
401, Nassif Building, Washington, DC.

    Issued in Renton, Washington, on January 12, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-1207 Filed 1-24-05; 8:45 am]
BILLING CODE 4910-13-P