[Federal Register: January 25, 2005 (Volume 70, Number 15)]
[Rules and Regulations]
[Page 3473-3475]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja05-1]
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Rules and Regulations
Federal Register
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[[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.
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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, marcia.walters@faa.gov.
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]
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