[Federal Register Volume 69, Number 206 (Tuesday, October 26, 2004)]
[Proposed Rules]
[Pages 62421-62424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23931]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19446; Directorate Identifier 2004-NM-130-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain Boeing Model 767 series 
airplanes. The existing AD currently requires repetitive detailed and 
eddy current inspections of the aft pressure bulkhead for damage and 
cracking, and repair if necessary. This proposed AD would add one-time 
detailed and high frequency eddy current inspections of any ``oil-can'' 
located on the aft pressure bulkhead, and related corrective actions if 
necessary. An ``oil-can'' is an area on a pressure dome web that moves 
when pushed from the forward side. This proposed AD is prompted by 
reports of cracking at ``oil-can'' boundaries on the aft pressure 
bulkhead. We are proposing this AD to detect and correct fatigue 
cracking of the aft pressure bulkhead, which could result in rapid 
depressurization of the airplane and possible damage or interference 
with the airplane control systems that penetrate the bulkhead, and 
consequent loss of controllability of the airplane.

DATES: We must receive comments on this proposed AD by December 10, 
2004.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington,

[[Page 62422]]

DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC.

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, <a href="/cdn-cgi/l/email-protection#dcb1bdaebfb5bdf2abbdb0a8b9aeaf9cbabdbdf2bbb3aa"><span class="__cf_email__" data-cfemail="3d505c4f5e545c134a5c5149584f4e7d5b5c5c135a524b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19446; 
Directorate Identifier 2004-NM-130-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.

Examining the Docket

    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 DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    On February 24, 2004, we issued AD 2004-05-10, amendment 39-13505 
(69 FR 10321, March 5, 2004), for certain Model 767 series airplanes. 
AD 2004-05-10 requires repetitive detailed and eddy current inspections 
of the aft pressure bulkhead for damage and cracking, and repair if 
necessary. That AD was prompted by a report of multiple-site fatigue 
cracking in two lap splices on the aft pressure bulkhead of one 
airplane. We issued AD 2004-05-10 to detect and correct fatigue 
cracking of the aft pressure bulkhead, which could result in rapid 
depressurization of the airplane and possible damage or interference 
with the airplane control systems that penetrate the bulkhead, and 
consequent loss of controllability of the airplane.

Actions Since Existing AD Was Issued

    In the ``Differences Between the ASB and the AD'' section of AD 
2004-05-10, we explained that we were considering further rulemaking to 
require inspections of ``oil-cans''. We now have determined that 
further rulemaking is indeed necessary, and this proposed AD follows 
from that determination.

Relevant Service Information

    As discussed in the preamble of AD 2004-05-10, we have reviewed 
Boeing Alert Service Bulletin (ASB) 767-53A0026, Revision 5, dated 
January 29, 2004. Revision 5 of the ASB describes procedures for 
repetitive detailed inspections for damage (e.g., nicks, tears, 
scratches, dents, and corrosion) of the aft pressure bulkhead, and 
repair if necessary. The ASB also describes procedures for repetitive 
high frequency and low frequency eddy current inspections for cracking 
of the body station (BS) 1582 bulkhead, web lap splices, and tearstrap 
splices, and repair if necessary. Additionally, the ASB describes 
procedures for a one-time detailed inspection and a high frequency eddy 
current inspection of the web to determine if any ``oil cans'' are 
present, and repair if necessary. Accomplishment of the actions 
specified in the service bulletin is intended to adequately address the 
identified unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other products 
of this same type design. Therefore, we are proposing this AD, which 
would supersede AD 2004-05-10. This proposed AD would continue to 
require repetitive detailed and eddy current inspections of the aft 
pressure bulkhead for damage and cracking, and repair if necessary. 
This proposed AD would also require detailed and high frequency eddy 
current inspections of any ``oil-can'' located on the aft pressure 
bulkhead, and repair if necessary. This proposed AD would require you 
to use the service information described previously to perform these 
actions, except as discussed under ``Differences Between the Proposed 
AD and the Service Bulletin.''

Differences Between the Proposed AD and the Service Bulletin

    The Boeing ASB provides the following information in Note 6 of the 
Accomplishment Instructions: ``For the purposes of this service 
bulletin, do not count flight-cycles with a cabin pressure differential 
of 2.0 [pounds per square inch (psi)] or less. However, any flight-
cycle with momentary spikes in cabin pressure differential above 2.0 
psi must be included as a full-pressure flight-cycle. Cabin pressure 
records must be maintained for each airplane. Fleet averaging of cabin 
pressure is not allowed.'' We have determined that an

[[Page 62423]]

adjustment of flight cycles due to a lower cabin differential pressure 
is not substantiated and will not be allowed for use in determining the 
flight cycle threshold for this proposed AD.
    Additionally, the Accomplishment Instructions of the ASB specify 
that operators may contact the manufacturer for disposition of certain 
repair instructions. This AD requires that, if repair requirements 
exceed allowable repair criteria, operators must repair per a method 
approved by the 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 FAA to make such 
findings.

Change to Existing AD

    This proposed AD would retain certain requirements of AD 2004-05-
10. Since AD 2004-05-10 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                             Corresponding  requirement
       Requirement in AD 2004-05-10              in this proposed AD
------------------------------------------------------------------------
paragraph (e).............................  paragraph (f).
paragraph (f).............................  paragraph (g).
------------------------------------------------------------------------

Costs of Compliance

    There are about 162 airplanes worldwide of the affected design. 
This proposed AD would affect about 99 airplanes of U.S. registry.
    The actions that are required by AD 2004-05-10 and retained in this 
proposed AD take about 22 work hours per airplane, at an average labor 
rate of $65 per work hour. Based on these figures, the estimated cost 
of the currently required actions is $1,430 per airplane, per 
inspection cycle.
    The new proposed actions would take about 2 work hours per ``oil-
can,'' at an average labor rate of $65 per work hour. Based on these 
figures, the estimated cost of the new actions specified in this 
proposed AD for U.S. operators is $130 per ``oil-can.'' The number of 
``oil cans'' varies per airplane, so an estimate per airplane or for 
the U.S. registered fleet is not available.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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 proposed 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, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by removing amendment 39-13505 (69 FR 
10321, March 5, 2004) and adding the following new airworthiness 
directive (AD):

Boeing: Docket No. FAA-2004-19446; Directorate Identifier 2004-NM-
130-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this airworthiness directive (AD) action by December 10, 2004.

Affected ADs

    (b) This AD supersedes AD 2004-05-10, amendment 39-13505.

Applicability

    (c) This AD applies to Boeing Model 767-200 and -300 series 
airplanes, certificated in any category, as listed in Boeing Alert 
Service Bulletin (ASB) 767-53A0026, Revision 5, dated January 29, 
2004.

Unsafe Condition

    (d) This AD was prompted by reports of cracking at ``oil-can'' 
boundaries on a Boeing Model 747 series airplane's aft pressure 
bulkhead, which is similar to the aft pressure bulkheads on Boeing 
Model 767 series airplanes. We are issuing this AD to detect and 
correct fatigue cracking of the aft pressure bulkhead, which could 
result in rapid depressurization of the airplane and possible damage 
or interference with the airplane control systems that penetrate the 
bulkhead, and consequent loss of controllability of the airplane.

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.

Requirements of AD 2004-05-10

Detailed Inspections and Eddy Current Inspections

    (f) Perform a detailed inspection for damage and cracking of the 
aft side of the aft pressure bulkhead and perform high frequency and 
low frequency eddy current inspections for cracking of the aft 
pressure bulkhead, per the Accomplishment Instructions of Boeing ASB 
767-53A0026, Revision 5, dated January 29, 2004, at the later of the 
times specified in paragraph (f)(1) or (f)(2) of this AD. 
Thereafter, repeat these inspections at intervals not to exceed 
1,800 flight cycles.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``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.''

    (1) Prior to the accumulation of 25,000 total flight cycles, or 
within 1,800 flight cycles after the most recent inspection done per 
AD 88-19-03 R1, whichever occurs later; or
    (2) Within 90 days after March 22, 2004 (the effective date of 
AD 2004-05-10).

Repair Requirements

    (g) If any damage or cracking is detected during any inspections 
required by paragraph (f) of this AD: Before further flight 
accomplish the requirements of paragraph (g)(1) or (g)(2) of this 
AD, as applicable:
    (1) For repairs within the limits of the Accomplishment 
Instructions of Boeing ASB 767-53A0026, Revision 5, dated January 
29, 2004, repair per the ASB.
    (2) For any repairs outside the limits, 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 (DER) who has been authorized by the Manager, Seattle 
ACO, to make such findings. For a repair method to be approved, as 
required by this paragraph, the approval must specifically reference 
this AD.

New Requirements of This AD

``Oil-Can'' Inspection and Repair

    (h) Before the accumulation of 37,500 total flight cycles, or 
within 1,800 flight cycles

[[Page 62424]]

after the effective date of this AD, whichever occurs later: Do a 
one-time detailed and surface high frequency eddy current 
inspections at all ``oil-can'' locations of the aft pressure 
bulkhead web for damage and cracks, in accordance with Figure 4 of 
the Accomplishment Instructions of the Boeing ASB 767-53A0026, 
Revision 5, dated January 29, 2004. All ``oil-cans'' must meet the 
limits specified in the service bulletin.

    Note 2: An ``oil-can'' is an area on a pressure dome web that 
moves when pushed from the forward side.

    (1) If no damage and no crack is found, no further action is 
required by this paragraph.
    (2) If any damage or crack is found, before further flight, 
repair in accordance with the service bulletin, except as required 
by paragraph (i) of this AD.
    (3) If any ``oil can'' does not meet the limits specified in the 
service bulletin, before further flight, repair the ``oil can'' in 
accordance with the service bulletin, except as required by 
paragraph (i) of this AD.
    (i) Where the service bulletin specifies to contact Boeing for 
repair data, before further flight, repair the damage or crack per a 
method approved by the Manager, Seattle ACO, FAA; or per data 
meeting the type certification basis of the airplane approved by a 
Boeing Company Designated Engineering Representative (DER) who has 
been authorized by the Manager, Seattle ACO, to make such findings. 
For a repair method to be approved, as required by this paragraph, 
the approval must specifically reference this AD.
    (j) Inspections and repairs accomplished before the effective 
date of this AD in accordance with Boeing ASB 767-53A0026, Revision 
4, dated March 27, 2003, are considered acceptable for compliance 
with paragraph (h) of this AD.

Determining the Number of Flight Cycles for Compliance Time

    (k) For the purposes of calculating the compliance threshold for 
the actions required by paragraph (f) and (h) of this AD, the number 
of flight cycles in which cabin differential pressure is at 2.0 
pounds per square inch (psi) or less must be counted when 
determining the number of flight cycles that have occurred on the 
airplane. Where the service bulletins and this AD differ, the AD 
prevails.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, Seattle ACO, FAA, has the authority to 
approve AMOCs for this AD, if requested in accordance with 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 a 
Boeing Company Designated Engineering Representative who has been 
authorized by the Manager, Seattle ACO, to make those findings.
    (3) Alternative methods of compliance, approved previously in 
accordance with AD 2004-05-10, amendment 39-13505, are approved as 
alternative methods of compliance with this AD.

    Issued in Renton, Washington, on October 18, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-23931 Filed 10-25-04; 8:45 am]
BILLING CODE 4910-13-P


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