[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Rules and Regulations]
[Pages 12243-12245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5961]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0898; Directorate Identifier 2007-NM-200-AD; 
Amendment 39-15856; AD 2009-06-19]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Boeing Model 767-200 and 767-300 series airplanes. This AD requires 
detailed inspections of the aft pressure bulkhead for damage, mid-
frequency eddy current (MFEC) and low frequency eddy current (LFEC) 
inspections of radial web lap splices, tear strap splices, and super 
tear strap splices for cracking, and corrective actions if necessary. 
This AD results from analysis that indicates fatigue cracks of the web 
lap splice, tear strap splice, or super tear strap splice of the aft 
bulkhead are expected to occur on certain Boeing Model 767-200 and 767-
300 series airplanes. We are issuing this AD to detect and correct 
fatigue cracks of the aft pressure bulkhead, which could result in 
rapid decompression of the passenger compartment and possible damage or 
interference with airplane control systems that penetrate the bulkhead, 
and consequent loss of controllability of the airplane.

DATES: This AD is effective April 28, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 28, 
2009.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax 206-766-5680; e-mail [email protected]; 
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tamara L. Anderson, Aerospace 
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6421; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain Boeing Model 767-200 and 767-300 series airplanes. That NPRM 
was published in the Federal Register on August 21, 2008 (73 FR 49366). 
That NPRM proposed to require detailed inspections of the aft pressure 
bulkhead for damage, mid-frequency eddy current (MFEC) and low 
frequency eddy current (LFEC) inspections of radial web lap splices, 
tear strap splices, and super tear strap splices for cracking, and 
corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Refer to AD 2003-18-10

    Boeing and United Airlines ask that we refer to AD 2003-18-10, 
amendment 39-13301 (68 FR 53503, September 11, 2003) in the AD.
    Boeing states that AD 2003-18-10 requires a revision of the Boeing 
767 Maintenance Planning Data (MPD) Document D622T001-9 to incorporate 
the October 2002 revision, and Appendix B of the Boeing 767 MPD 
Document D622T001 to incorporate the December 2002 revision, for Model 
767 line numbers 1-895. Boeing adds that the inspection requirements of 
Boeing Alert Service Bulletin 767-53A0147, dated August 16, 2007, 
supersede the Boeing 767 MPD Document D622T001-9 and Document D622T001, 
Appendix B, inspections for Structural Significant Items (SSI) 53-80-
I01B, C, D, and E. Boeing concludes that the NPRM affects the 
requirements of AD 2003-18-10 and asks that a reference to that AD be 
added to the ``Affected ADs'' paragraph of the NPRM.
    United Airlines (UAL) states that a reference to AD 2003-18-10 
should be included because paragraph 1.F. of Boeing Alert Service 
Bulletin 767-53A0147, dated August 16, 2007, states that the 
Accomplishment Instructions ``are approved as an alternative method of 
compliance (AMOC) to the inspections of SSI 53-80-I01B, C, D, and E of 
Boeing 767 MPD Document D622T001-9 and Appendix B of Boeing 767 MPD 
Document D622T001 as required by paragraph (d) of Airworthiness 
Directive (AD) 2003-18-10.'' In addition, due to the AD-related SSIs, 

UAL states that the NPRM should include the SSI numbers specified in 
Boeing Alert Service Bulletin 767-53A0147, dated August 16, 2007.

[[Page 12244]]

    We do not agree that AD 2003-18-10 should be referred to in this 
AD. The ``Affected ADs'' paragraph is used to refer to the AD number of 
supersedure and revision ADs only; we consider AD 2003-18-10 a 
``related AD,'' not a supersedure or revision. AD 2003-18-10 applies to 
certain Boeing Model 767 series airplanes. That AD currently requires 
revising the Airworthiness Limitations Section of the MPD Document (767 
Airworthiness Limitations Instructions (ALI)). AD 2003-18-10 also 
incorporates into the ALI certain inspections and compliance times to 
detect fatigue cracking of principal structural elements (PSEs). AD 
2003-18-10 is already referred to in Boeing Alert Service Bulletin 767-
53A0147, dated August 16, 2007, and since that service bulletin is the 
source of service information for accomplishing the required actions in 
this AD it is not necessary to refer to AD 2003-18-10 in this AD. We 
have made no change to the AD in this regard.

Requests To Clarify the Alternative Method of Compliance (AMOC) 
Paragraph Relative to AD 2003-18-10

    Boeing asks that we clarify the AMOC paragraph to ensure that AMOCs 
for repairs are required only for the requirements of the NPRM, not the 
requirements of AD 2003-18-10 that are specifically superseded in 
paragraph 1.F. ``Approval,'' of Boeing Alert Service Bulletin 767-
53A0147, dated August 16, 2007. Boeing states that the inspections in 
Boeing Alert Service Bulletin 767-53A0147, dated August 16, 2007, 
supersede the Boeing 767 MPD Document D622T001-9 and Document D622T001, 
Appendix B, inspections for SSI 53-80-I01B, C, D, and E. Boeing adds 
that if cracks are found and repaired, an AMOC to the superseded 
inspections of AD 2003-18-10 specifically referenced in the above 
sentence is not required or applicable. Boeing asks that paragraph 
(g)(3) of the NPRM be changed to add the following: Alternative 
inspections for repair configurations require an AMOC to this AD only, 
not the requirements of AD 2003-18-10, which have been superseded by 
the inspection in Boeing Alert Service Bulletin 767-53A0147, dated 
August 16, 2007. This AMOC applies only to the areas inspected as 
specified in Boeing Alert Service Bulletin 767-53A0147, dated August 
16, 2007.
    Delta Airlines states that all repairs that would receive an AMOC 
to any of the repetitive inspections required by this AD (in the 
repaired area) should automatically be considered as having received an 
AMOC to the respective and equivalent inspections required by AD 2003-
18-10. Delta adds that this is for SSIs 53-80-I01B, C, D, and E, as 
specified in paragraph 1.F. of Boeing Alert Service Bulletin 767-
53A0147, dated August 16, 2007. Delta notes that the operator should 
not have to apply for such an AMOC.
    We do not agree that an AMOC is not necessary for inspection 
requirements in areas repaired as required by AD 2003-18-10. The 
repairs required by this AD affect the ability to accomplish certain 
inspections required by AD 2003-18-10, resulting in the need for an 
AMOC to that AD. The AMOC provided in paragraph 1.F. of Boeing Alert 
Service Bulletin 767-53A0147, dated August 16, 2007, allows for only 
the inspections in Boeing Alert Service Bulletin 767-53A0147, dated 
August 16, 2007, to be an AMOC to certain inspections in AD 2003-18-10. 
That AMOC does not include approval of inspections as a separate AMOC 
to this AD as a result of a repair in repaired areas. However, we agree 
that inspections of repaired areas, if approved as an AMOC for the 
inspection requirements of this AD, should also be approved as an AMOC 
to the inspection required by AD 2003-18-10 for the repaired areas 
only. Additionally, we agree that the AMOC paragraph should be 
clarified relative to inspections of repaired areas as required by AD 
2003-18-10. We have added paragraph (g)(4) to this AD for clarification 
and to provide this AMOC approval.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously. This change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Costs of Compliance

    There are about 244 airplanes of the affected design in the 
worldwide fleet. This AD affects about 84 airplanes of U.S. registry. 
The actions take about 31 work hours per airplane, at an average labor 
rate of $80 per work hour. Based on these figures, the estimated cost 
of the AD for U.S. operators is $208,320, or $2,480 per airplane, per 
inspection cycle.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. 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.
    We are issuing this rulemaking 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 
rulemaking action.

Regulatory Findings

    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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 AD:

2009-06-19 Boeing: Amendment 39-15856. Docket No. FAA-2008-0898; 
Directorate Identifier 2007-NM-200-AD.

[[Page 12245]]

Effective Date

    (a) This airworthiness directive (AD) is effective April 28, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200 and 767-300 series 
airplanes, certificated in any category; as identified in Boeing 
Alert Service Bulletin 767-53A0147, dated August 16, 2007.

Unsafe Condition

    (d) This AD results from analysis that indicates fatigue cracks 
of the web lap splice, tear strap splice, or super tear strap splice 
of the aft bulkhead are expected to occur on certain Boeing Model 
767-200 and 767-300 series airplanes. We are proposing this AD to 
detect and correct fatigue cracks of the aft pressure bulkhead, 
which could result in rapid decompression of the passenger 
compartment and possible damage or interference with airplane 
control systems that penetrate the bulkhead, and consequent loss of 
controllability of the airplane.

Compliance

    (e) Comply with this AD within the compliance times specified, 
unless already done.

Inspections and Applicable Related Investigative and Corrective Actions

    (f) Except as provided by paragraphs (f)(1) and (f)(2) of this 
AD: At the applicable compliance time and repeat intervals listed in 
Tables 1 and 2 of paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin 767-53A0147, dated August 16, 2007, do detailed 
inspections of the aft pressure bulkhead for damage, mid-frequency 
eddy current (MFEC) and low frequency eddy current (LFEC) 
inspections of radial web lap splices, tear strap splices, and super 
tear strap splices for cracking, and applicable corrective actions, 
by accomplishing all the applicable actions specified in the 
Accomplishment Instructions of the service bulletin.
    (1) Where Table 1 of paragraph 1.E., ``Compliance,'' of Boeing 
Alert Service Bulletin 767-53A0147, dated August 16, 2007, specifies 
a compliance time after the date on that service bulletin, this AD 
requires compliance within the specified compliance time after the 
effective date of this AD.
    (2) Where Boeing Alert Service Bulletin 767-53A0147, dated 
August 16, 2007, specifies a compliance time of ``As given by 
Boeing'' or to contact Boeing for the appropriate action, this AD 
requires, before further flight, inspections of the area of repair 
and repair of any damaged/cracked part, as applicable, using a 
method approved in accordance with the procedures specified in 
paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, ATTN: Tamara L. Anderson, Aerospace Engineer, Airframe Branch, 
ANM-120S, 1601 Lind Avenue, SW., Renton, Washington telephone (425) 
917-6421; fax (425) 917-6590; has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (3) 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 Commercial Airplanes 
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 repair must meet the certification basis 
of the airplane and the approval must specifically refer to this AD.
    (4) Inspections of repaired areas approved as an AMOC for the 
inspection requirements of this AD are also approved as an AMOC to 
the inspections for the repaired areas only as required by paragraph 
(d) of AD 2003-18-10.

Material Incorporated by Reference

    (h) You must use Boeing Alert Service Bulletin 767-53A0147, 
dated August 16, 2007, to do the actions required by this AD, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 
206-544-5000, extension 1, fax 206-766-5680; e-mail 
[email protected]; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference 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.

    Issued in Renton, Washington, on March 12, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-5961 Filed 3-23-09; 8:45 am]
BILLING CODE 4910-13-P