[Federal Register: March 3, 2003 (Volume 68, Number 41)]
[Proposed Rules]
[Page 9951-9953]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr03-26]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-240-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-200, -300, -300F, -
400, and -400ER Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the supersedure of an existing
airworthiness directive (AD), applicable to certain Boeing Model 767
series airplanes, that currently requires revising the Airworthiness
Limitations Section of the Maintenance Planning Data (MPD) Document
(767 Airworthiness Limitations Instructions (ALI)). The revision
incorporates into the ALI certain inspections and compliance times to
detect fatigue cracking of principal structural elements (PSE). This
action would expand the applicability in the existing AD, and would
require incorporating a new revision into the Airworthiness Limitations
Section of the MPD Document. The actions specified by the proposed AD
are intended to ensure that fatigue cracking of various PSEs is
detected and corrected; such fatigue cracking could adversely affect
the structural integrity of these airplanes. This action is intended to
address the identified unsafe condition.
DATES: Comments must be received by April 17, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2001-NM-240-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
[[Page 9952]]
Comments may be inspected at this location between 9 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays. Comments may be
submitted via fax to (425) 227-1232. Comments may also be sent via the
Internet using the following address: 9-anm-nprmcomment@faa.gov.
Comments sent via fax or the Internet must contain ``Docket No. 2001-
NM-240-AD'' in the subject line and need not be submitted in
triplicate. Comments sent via the Internet as attached electronic files
must be formatted in Microsoft Word 97 for Windows or ASCII text.
The service information referenced in the proposed rule may be
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle,
Washington 98124-2207. This information may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington.
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:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2001-NM-240-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2001-NM-240-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On April 19, 2001, the FAA issued AD 2001-08-28, amendment 39-12205
(66 FR 21077, April 27, 2001), applicable to certain Boeing Model 767
series airplanes, to require revising the Airworthiness Limitations
Section of the Maintenance Planning Data (MPD) Document (767
Airworthiness Limitations Instructions (ALI)). The revision will
incorporate into the ALI certain inspections and compliance times to
detect fatigue cracking of principal structural elements (PSE). That
action was prompted by analysis of data that identified specific
initial inspection thresholds and repetitive inspection intervals for
certain PSEs to be added to the ALI. The requirements of that AD are
intended to ensure that fatigue cracking of various PSEs is detected
and corrected; such fatigue cracking could adversely affect the
structural integrity of these airplanes.
Actions Since Issuance of Previous Rule
In the preamble to AD 2001-08-28, we indicated that the actions
required by that AD were considered ``interim action'' and that further
rulemaking action was being considered. We now have determined that
further rulemaking action is indeed necessary, and this proposed AD
follows from that determination.
New Revisions of ALI
We have reviewed and approved Subsection B, Section 9, of Boeing
Document D622T001-9, entitled ``Airworthiness Limitations and
Certification Maintenance Requirements,'' Revisions June 2000, February
2001, and October 2002, of the Boeing 767 MPD Document. That document
describes specific initial inspection thresholds and repetitive
inspection intervals for certain PSEs (identified as structural
significant items in the ALI). That document explicitly identifies all
of the PSEs that are to be inspected in accordance with the
requirements of the ALI. Boeing Document D622T001-9, Revision June
1997, was referenced in the existing AD for accomplishment of the
actions specified.
Subsection B, Section 9, of Boeing Document D622T001-9 of the
Boeing 767 MPD Document references Appendix B, Revision December 2002,
which provides Damage Tolerance Rating (DTR) Check Forms and the
procedures for using the forms after accomplishment of the initial
inspections identified in the MPD to determine the repetitive
inspection thresholds.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other products of this same type design, the
proposed AD would supersede AD 2001-08-28 to expand the applicability
in the existing AD and require operators to revise the Boeing Model 767
ALI to incorporate Boeing Document D622T001-9, Revisions June 2000,
February 2001, and October 2002 of the Boeing 767 MPD Document.
However, nothing in this proposed AD is intended to affect any of the
requirements related to the life limits or certification maintenance
requirements that are contained elsewhere in the MPD. This proposed AD
is intended to address only those PSE inspections that are referred to
in Subsection B, Section 9, entitled ``Airworthiness Limitations--
Structural Inspections'' of Boeing Document D622T001-9, Revision
October 2002.
Cost Impact
There are approximately 884 airplanes of the affected design in the
worldwide fleet. We estimate that 393 airplanes of U.S. registry would
be affected by this proposed AD.
The actions that are currently required by AD 2001-08-28 take
approximately 1 work hour per airplane to accomplish, at an average
labor rate of $60 per work hour. Based on these figures, the cost
impact of the currently required actions is estimated to be $60 per
airplane.
The new actions that are proposed in this AD action would take
approximately 1 work hour per airplane to accomplish, at an average
labor rate of $60 per work hour. Based on these figures, the cost
impact of the proposed requirements of this AD on U.S.
[[Page 9953]]
operators is estimated to be $23,580, or $60 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the current or proposed
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 proposed herein would 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 proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this proposed
regulation (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (14 CFR part 39) as
follows:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. Section 39.13 is amended by removing amendment 39-12205 (66 FR
21077, April 27, 2001), and by adding a new airworthiness directive
(AD), to read as follows:
Boeing: Docket 2001-NM-240-AD. Supersedes AD 2001-08-28, amendment
39-12205.
Applicability: Model 767-200, -300, -300F, -400 and -400ER
series airplanes having line numbers 1 through 895 inclusive,
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)(1)
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 ensure that fatigue cracking of various principal structural
elements, which could adversely affect the structural integrity of
these airplanes, is detected and corrected, accomplish the
following:
Restatement of Requirements of AD 2001-08-28
Revise Section 9 of the Boeing 767 Maintenance Planning Data (MPD)
Document
(a) For Model 767-200 and -300 series airplanes having line
numbers 1 through 669 inclusive: Within 3 years after June 1, 2001
(the effective date of AD 2001-08-28, amendment 39-12205), revise
Subsection B, Section 9 of Boeing Document D622T001-9 entitled
``Airworthiness Limitations and Certification Maintenance
Requirements'' to incorporate Revision June 1997, June 2000,
February 2001, or October 2002.
Note 2: The referenced Subsection B contains a requirement that
cracks found during the specified inspections be reported to the
Seattle Aircraft Certification Office (ACO), FAA. Information
collection requirements contained in this regulation have been
approved by the Office of Management and Budget under the provisions
of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501, et seq.) and
have been assigned OMB Control Number 2120-0056.
Note 3: For the purposes of this AD, the terms principal
structural elements (PSEs) as used in this AD, and structural
significant items (SSIs) as used in Section 9 of Model 767 MPD
Document, are considered to be interchangeable.
Alternative Inspections and Inspection Intervals
(b) Except as provided by paragraph (e)(1) of this AD: After the
actions required by paragraph (a) of this AD have been accomplished,
no alternative inspections or inspection intervals shall be approved
for the SSIs contained in Section 9 of Boeing 767 MPD Document
D622T001-9, Revisions June 1997, June 2000, or February 2001.
New Requirements of This AD
Revise Section 9 of the Boeing 767 MPD
(c) For Model 767-200, -300, -300F, -400 and -400ER series
airplanes having line numbers 1 through 895 inclusive: Within 18
months after the effective date of this AD, revise Subsection B,
Section 9 of Boeing Document D622T001-9 entitled ``Airworthiness
Limitations and Certification Maintenance Requirements'' to
incorporate Revision October 2002; and Appendix B, Revision December
2002.
Alternative Inspections and Inspection Intervals
(d) Except as provided by paragraph (e)(1) of this AD: After the
actions required by paragraph (c) of this AD have been accomplished,
no alternative inspections or inspection intervals shall be approved
for the SSIs contained in Section 9 of Boeing 767 MPD Document
D622T001-9, Revision October 2002.
Alternative Methods of Compliance
(e)(1) 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, Transport Airplane Directorate. 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.
(2) Except as provided by paragraph (e)(3) of this AD:
Alternative methods of compliance, approved previously in accordance
with AD 2001-08-28, amendment 39-12205, are approved as alternative
methods of compliance with paragraphs (a) and (c) of this AD.
(3) The procedures specified in Subsection B of Boeing Document
D622T001-9, Revision JUNE 2000; are not approved as alternative
methods of compliance with paragraph (d) of this AD.
Note 4: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Seattle ACO.
Special Flight Permits
(f) Special flight permits may be issued in accordance with
Sec. Sec. 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.
Issued in Renton, Washington, on February 24, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-4840 Filed 2-28-03; 8:45 am]
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