[Federal Register: April 19, 2004 (Volume 69, Number 75)]
[Rules and Regulations]
[Page 20815-20817]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap04-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-125-AD; Amendment 39-13576; AD 2004-08-07]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-300 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 certain Boeing Model 767-300 series airplanes, that
requires a general visual inspection for clearance between the corners
of the A1 galley and the aft pressure bulkhead, and corrective actions,
if necessary. This amendment also requires modification of the A1
galley. This action is necessary to prevent interference of the A1
galley with the radial stiffener on the aft pressure bulkhead, which
could result in fatigue crack propagation. Fatigue crack propagation
could lead to possible rapid decompression of the airplane or to damage
and/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 May 24, 2004.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 24, 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 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 certain Boeing Model 767-300
series airplanes was published in the Federal Register on October 1,
2003 (68 FR 56591). That action proposed to require a general visual
inspection for clearance between the corners of the A1 galley and the
aft pressure bulkhead, and corrective actions, if necessary. That
action also proposed to require modification of the A1 galley.
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, the airplane manufacturer, requests that the
proposed AD be withdrawn. The commenter asserts that the proposed AD
affects five airplanes currently operated by two operators. Of those
five airplanes, the commenter states that three have adequate
clearance, and no further action is required for those airplanes by
Boeing Service Bulletin 767-53A0102 (referenced in the proposed AD as
the appropriate source of service information for accomplishment of the
actions in the proposed AD). The commenter further states that the
(non-U.S.) operator of the two airplanes, which require further action,
has the corrective actions scheduled.
We do not agree that the AD be withdrawn. As we explained in the
preamble to the proposed AD, the AD differs from the service bulletin
in that the AD mandates modification of the A1 galley regardless of the
clearance, because the A1 galley is interchangeable and may be
installed on other airplanes. The A1 galley exceeds the allowable size-
envelope by three inches; this may result in interference and damage to
the radial stiffener on the aft pressure bulkhead when the galley is
installed on a different airplane. The airplane manufacturer agrees
that such damage to the radial stiffener could cause decompression and/
or interference with the airplane control systems. Therefore, we have
determined that the modification is necessary.
Additionally, even though the two unmodified airplanes are not
registered in the U.S. and are scheduled to be brought into compliance
with the requirements of the AD, the issuance of the AD is still
necessary to ensure that those airplanes will be required to be in
compliance should they be imported and placed on the U.S. register in
the future. For these reasons, we find that the AD cannot be withdrawn.
No change to the final rule is necessary in this regard.
Request To Reduce Compliance Time
One commenter supports the proposed AD, but requests that the
proposed 18-month compliance time for inspection of the clearance
between the corners of the A1 galley and the aft pressure bulkhead be
reduced. The commenter states that, because of the seriousness of the
potential resulting damage caused by improper clearances, the
inspection should be conducted and any identified damage be repaired in
a more timely manner. The commenter suggests no specific compliance
time.
The FAA does not agree. In developing an appropriate compliance
time, we considered the safety implications and normal maintenance
schedules for timely accomplishment of the inspection. Further, we
arrived at the compliance time with operator and manufacturer
concurrence. In consideration of these factors, and because the amount
of time required for a fatigue crack to initiate and propagate from a
single area of damage is sufficiently long, we determined that the
compliance time, as proposed, represents an appropriate interval in
which the inspection can be accomplished in a timely manner, while
still maintaining an adequate level of safety. Operators are always
permitted to accomplish the requirements of an AD at a time earlier
than the specified compliance time; therefore, an operator may choose
to accomplish the inspection before the compliance time. If additional
data are presented that would justify a shorter compliance time, we may
consider further rulemaking on this issue. No change to the final rule
is necessary in this regard.
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 as proposed.
Cost Impact
There are approximately 5 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 1 airplane of U.S. registry
will be affected by this AD, that it will take approximately 8
[[Page 20816]]
work hours per airplane to accomplish the required inspection and
modification, and that the average labor rate is $65 per work hour.
Based on these figures, the cost impact of the AD on the U.S. operator
is estimated to be $520 for that airplane.
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:
2004-08-07 Boeing: Amendment 39-13576. Docket 2003-NM-125-AD.
Applicability: Model 767-300 series airplanes, line numbers 754,
761, 767, 775, and 776; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent interference of the A1 galley with the radial
stiffener on the aft pressure bulkhead, which could result in
fatigue crack propagation, leading to possible rapid decompression
of the airplane or to damage and/or interference with the airplane
control systems that pass through the bulkhead and consequent loss
of control of the airplane; accomplish the following:
Inspection
(a) Within 18 months after the effective date of this AD,
perform a general visual inspection for clearance between the
corners of the A1 galley and the aft pressure bulkhead, per the
Accomplishment Instructions of Boeing Service Bulletin 767-53A0102,
Revision 1, dated April 24, 2003.
Note 1:
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.''
Corrective Action: Detailed Inspection
(b) If, during the inspection required by paragraph (a) of this
AD, the clearance between the corners of the A1 galley and the aft
pressure bulkhead is found to be less than 1.0 inch, before further
flight, perform a detailed inspection for damage to the insulation
and aft pressure bulkhead structure, per the Accomplishment
Instructions of Boeing Service Bulletin 767-53A0102, Revision 1,
dated April 24, 2003. If any damage to the insulation or cracking in
the aft pressure bulkhead is detected, before further flight, repair
the damage and/or cracking per the Accomplishment Instructions of
the service bulletin, except where the service bulletin specifies to
contact the manufacturer for repair instructions if damage exceeds
the conditions covered in the structural repair manual. If damage
exceeds the limits specified in the structural repair manual, 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.
Note 2:
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.''
Concurrent Modification
(c) Before or concurrent with the requirements of paragraph (a)
of this AD, modify the A1 galley, per the Accomplishment
Instructions of Boeing Service Bulletin 767-53A0102, Revision 1,
dated April 24, 2003.
Note 3:
Boeing Service Bulletin 767-53A0102, Revision 1, refers to BE
Aerospace Service Bulletins 25-30-0079, dated April 22, 2002; and
25-30-0080, dated April 22, 2002; as additional sources of service
information for accomplishment of the modification for Model 767-300
series airplanes.
Actions Accomplished Per Previous Issue of Service Bulletin
(d) The applicable actions accomplished before the effective
date of this AD per Boeing Alert Service Bulletin 767-53A0102, dated
November 21, 2002, are considered acceptable for compliance with the
corresponding actions specified in this AD.
Alternative Methods of Compliance
(e) In accordance with 14 CFR 39.19, the Manager, Seattle ACO,
FAA, 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 Service Bulletin 767-53A0102,
Revision 1, dated April 24, 2003. 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
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
Effective Date
(g) This amendment becomes effective on May 24, 2004.
[[Page 20817]]
Issued in Renton, Washington, on April 6, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-8543 Filed 4-16-04; 8:45 am]
BILLING CODE 4910-13-P