[Federal Register: September 22, 2003 (Volume 68, Number 183)]
[Rules and Regulations]
[Page 54987-54990]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se03-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-342-AD; Amendment 39-13312; AD 2003-19-09]
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 inspections and tests for discrepancies of the drainage
system of the canted pressure deck located in the wheel wells of the
main landing gear (MLG) of the left and right wings, and corrective
actions if necessary. This action is necessary to prevent ice
accumulation on the lateral flight control cables and/or components due
to water entering the wheel well of the MLG and freezing, which could
restrict or jam control cable movement, resulting in loss of
controllability of the airplane. This action is intended to address the
identified unsafe condition.
[[Page 54988]]
DATES: Effective October 27, 2003.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 27, 2003.
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplane Group, 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 all Boeing Model 767 series
airplanes was published in the Federal Register on April 24, 2003 (68
FR 20087). That action proposed to require repetitive inspections and
tests for discrepancies of the drainage system of the canted pressure
deck located in the wheel wells of the main landing gear (MLG) of the
left and right wings, and corrective actions 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.
Request To Withdraw the Proposed AD
One commenter requests that, rather than issue an AD to require the
inspections proposed in the Notice of Proposed Rulemaking (NPRM), the
inspections be incorporated into the Maintenance Planning Document
(MPD). The commenter states that since certain of the proposed
inspections (the Phase 2 inspection) are already specified as tasks in
the MPD, it is unnecessary to require them by AD action. Additionally,
the commenter points out the amount of work and time necessary to gain
access (removal of several rows of seats, floor panels, and partitions)
for the existing MPD inspections would also be required by the
inspections proposed in the NPRM.
The FAA does not agree that the NPRM should be withdrawn. The
repetitive intervals in Section 8 of the MPD are a baseline inspection
program and are written in terms of ``check'' intervals. The check
intervals may be extended by an FAA-approved maintenance program
revision. Some operators have had ``C'' checks extended from 18 to 24
months. For some operators, Section 8 of the MPD may be different than
the manufacturer's baseline program. We have determined that the unsafe
condition addressed in this AD requires inspections at the intervals
specified in the NPRM. To ensure those specific inspection intervals
are adhered to, an AD must be issued.
Request To Revise the Unsafe Condition
One commenter, the manufacturer, requests that the unsafe condition
be revised to clarify that the AD actions also are required to prevent
ice accumulation on components. (The NPRM specified prevention of ice
on the lateral flight control cables.) The commenter also requests that
the unsafe condition be revised to specify that the unsafe condition
``could result in `degraded' or loss of controllability of the
airplane.''
The FAA agrees that addition of the words ``and/or components''
clarifies the unsafe condition, and has revised the final rule to
reflect this change. We do not agree that the word ``degraded'' should
be added to the unsafe condition statement. The phrase ``loss of
controllability of the airplane'' adequately describes the end-level
effect on the airplane. ``Degraded controllability'' would not
necessarily result in loss of control of the airplane, unless there
were other contributing factors. We do not list all possible conditions
that could result from ice accumulation, only the end-level effect. No
change to the final rule is necessary in this regard.
Requests To Revise Compliance Times
One commenter requests that the compliance times stated in
paragraphs (a) and (b) of the NPRM be expressed in terms of ``C''
checks rather than months. The commenter explains that its ``C'' checks
are every 24 months so that inspections would occur at 24 months, 48
months, and 72 months, respectively. The commenter states that the
compliance time intervals specified in the NPRM of 18, 36, and 54
months would require its fleet to have special maintenance visits
scheduled in addition to the normally scheduled ``C'' checks. The
commenter points out that the cost of special visits and downtime would
be considerable.
The FAA does not agree with the commenter's request. The commenter
did not provide any justification to show that increasing the
compliance time intervals would provide an acceptable level of safety.
However, under the provisions of paragraph (e) of the final rule, we
may approve requests for adjustments to the compliance times if data
are submitted to substantiate that such an adjustment would provide an
acceptable level of safety. No change to the final rule is necessary in
this regard.
Another commenter requests that, for airplanes specified in Work
Package 2, the repetitive inspection compliance times be extended from
intervals not to exceed 36 months as proposed in the NPRM, to intervals
not to exceed 72 months. The commenter explains that the actions
specified in Work Package 2 will require significant cabin disassembly.
Therefore, the commenter would like to perform the proposed inspections
at its ``4C'' (72 months) heavy maintenance visits.
The FAA does not agree that the repetitive inspection interval
should be extended. The commenter provided no technical justification
to show that a 72-month interval would provide an acceptable level of
safety. However, under the provisions of paragraph (e) of the final
rule, we may approve requests for adjustments to the compliance time if
data are submitted to substantiate that such an adjustment would
provide an acceptable level of safety. No change to the final rule is
necessary in this regard.
Request To Revise the Threshold for Work Package 2
One commenter points out that new airplanes already have the
improved drain systems. Additionally, the commenter notes that it is
unlikely that the area inside the canted pressure deck has been
contaminated with debris on new airplanes, since that area should not
have been disturbed from years of service or by heavy maintenance
activities. The commenter objects to the amount of work and time
necessary to gain access (removal of several rows of seats, floor
panels, and partitions) to perform inspections that the commenter does
not consider necessary.
The FAA does not agree. As explained in the preamble of the NPRM,
we have received reports of ice accumulation around control cables on
Boeing Model 767 series airplanes. We point out that we have also
received similar reports on Boeing Model 747 series airplanes, one of
which was a report of an event that occurred on the airplane
approximately three years after the date of manufacture. Therefore, we
consider that the service history demonstrates
[[Page 54989]]
that new airplanes are not exempt from water accumulation in the canted
pressure deck. No change to the final rule is necessary in this regard.
Request To Revise Work Package Number
Two commenters request that bullet number three under the paragraph
titled ``Difference Between This Proposed AD and Service Bulletins'' be
revised to read, ``For Work Package 3,'' instead of, ``For Work Package
1'' as stated in the NPRM.
The FAA acknowledges that a typographical error occurred in that
paragraph and that bullet number three should read, ``For Work Package
3.'' Since it is clear that our intent was to specify that bullet
number three read, ``For Work Package 3,'' and because the ``Difference
Between This Proposed AD and Service Bulletins'' paragraph does not
reappear in this final rule, no change to the final rule is necessary
in this regard.
Editorial Clarification
The FAA has revised certain wording regarding the compliance times
of the repetitive inspection requirements specified in paragraphs (a),
(b), and (d) of this rule. Instead of specifying that the repetitive
inspections be repeated ``at least every,'' as stated in paragraphs
(a), (b), and (d) of the NPRM, this final rule specifies that the
inspections be repeated ``at intervals not to exceed.''
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 change previously
described. The FAA has determined that this change will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Changes to 14 CFR Part 39/Effect on the AD
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits, and alternative methods of
compliance. However, for clarity and consistency in this final rule, we
have retained the language of the NPRM regarding that material.
Change to Labor Rate Estimate
We have reviewed the figures we have used over the past several
years to calculate AD costs to operators. To account for various
inflationary costs in the airline industry, we find it necessary to
increase the labor rate used in these calculations from $60 per work
hour to $65 per work hour. The cost impact information, below, reflects
this increase in the specified hourly labor rate.
Cost Impact
There are approximately 814 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 345 airplanes of U.S. registry
will be affected by this AD, that it will take approximately 1 work
hour per airplane to accomplish the required inspection/test of the
drainage system specified in Work Package 1 of the service bulletins,
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
$22,425, or $65 per airplane.
It will take approximately 4 work hours per airplane to accomplish
the required inspection/cleaning specified in Work Package 2 of the
service bulletins, at an average labor rate of $65 per work hour. Based
on these figures, the cost impact of the inspection/cleaning required
by this AD on U.S. operators is estimated to be $89,700, or $260 per
airplane, per cycle.
It will take approximately 2 work hours per airplane to accomplish
the required inspection specified in Work Package 3 of the service
bulletins, at an average labor rate of $65 per work hour. Based on
these figures, the cost impact of the inspection required by this AD on
U.S. operators is estimated to be $44,850, or $130 per airplane, per
inspection cycle.
The cost impact figures discussed above are 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:
2003-19-09 Boeing: Amendment 39-13312. Docket 2001-NM-342-AD.
Applicability: All Model 767 series airplanes, certificated in
any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (e) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent ice accumulation on the lateral flight control cables
and/or components due to water entering the wheel well of the main
landing gear and freezing, which could
[[Page 54990]]
restrict or jam control cable movement, resulting in loss of
controllability of the airplane; accomplish the following:
Repetitive Inspections/Tests of the Drainage System/Corrective Actions
(a) At the later of the times specified in paragraphs (a)(1) and
(a)(2) of this AD: Do a general visual inspection of the external
drains, reducer, and drain lines for discrepancies (including
damage, holes, signs of frozen water, and signs of blockage), per
Work Package 1 of the Work Instructions of Boeing Alert Service
Bulletin 767-51A0023 (for Model 767-200, -300, and -300F series
airplanes), or Boeing Alert Service Bulletin 767-51A0024 (for Model
767-400ER series airplanes), both dated September 27, 2001; as
applicable. Repeat the test after that at intervals not to exceed 18
months.
(1) Within 18 months since the date of issuance of the original
Airworthiness Certificate or the date of issuance of the Export
Certificate of Airworthiness, whichever occurs first.
(2) Within 18 months after the effective date of this AD.
(b) At the later of the times specified in paragraphs (b)(1) and
(b)(2) of this AD: Clean the cavity for the canted pressure deck and
do a general visual inspection of the drainage system for
discrepancies per Work Package 2 of the Work Instructions of Boeing
Alert Service Bulletin 767-51A0023 (for Model 767-200, -300, and -
300F series airplanes), or Boeing Alert Service Bulletin 767-51A0024
(for Model 767-400ER series airplanes), both dated September 27,
2001; as applicable. Repeat the cleaning and inspection after that
at intervals not to exceed 36 months.
(1) Within 36 months since the date of issuance of the original
Airworthiness Certificate or the date of issuance of the Export
Certificate of Airworthiness, whichever occurs first.
(2) Within 36 months after the effective date of this AD.
(c) If any discrepancy is found during any inspection or test
required by paragraphs (a) and (b) of this AD, before further
flight, repair per the Work Instructions of Boeing Alert Service
Bulletin 767-51A0023 (for Model 767-200, -300, and -300F series
airplanes), or Boeing Alert Service Bulletin 767-51A0024 (for Model
767-400ER series airplanes), both dated September 27, 2001; as
applicable.
Repetitive Inspections of the Canted Pressure Deck/Corrective Action
(d) At the later of the times specified in paragraphs (d)(1) and
(d)(2) of this AD: Do a general visual inspection of the canted
pressure deck for discrepancies (including loose or missing
fasteners; loose, missing, or cracked sealant; and leak paths), per
Work Package 3 of the Work Instructions of Boeing Alert Service
Bulletin 767-51A0023 (for Model 767-200, -300, and -300F series
airplanes), or Boeing Alert Service Bulletin 767-51A0024 (for Model
767-400ER series airplanes), both dated September 27, 2001; as
applicable. If any discrepancy is found, before further flight,
repair (including replacing any loose or missing fastener or loose,
missing, or cracked sealant; and repairing any leak found) per the
applicable service bulletin. Repeat the inspection after that at
intervals not to exceed 54 months.
(1) Within 54 months since the date of issuance of the original
Airworthiness Certificate or the date of issuance of the Export
Certificate of Airworthiness, whichever occurs first.
(2) Within 54 months after the effective date of this AD.
Note 2: 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.''
Alternative Methods of Compliance
(e) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Seattle Aircraft Certification
Office (ACO), FAA. Operators shall submit their requests through an
appropriate FAA Principal Maintenance Inspector, who may add
comments and then send it to the Manager, Seattle ACO.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Seattle ACO.
Special Flight Permit
(f) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Incorporation by Reference
(g) The actions shall be done in accordance with Boeing Alert
Service Bulletin 767-51A0023, dated September 27, 2001; or Boeing
Alert Service Bulletin 767-51A0024, dated September 27, 2001; 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
Airplane Group, 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
(h) This amendment becomes effective on October 27, 2003.
Issued in Renton, Washington, on September 12, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-23828 Filed 9-18-03; 12:01 pm]
BILLING CODE 4910-13-U