[Federal Register: June 24, 2003 (Volume 68, Number 121)]
[Rules and Regulations]
[Page 37400-37402]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn03-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-187-AD; Amendment 39-13203; AD 2003-13-03]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-200 and 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 767-200 and 767-300 series
airplanes, that requires modification of the installation of the aft
pressure bulkhead-to-floor insulation blankets. The actions specified
by this AD are intended to prevent interference with venting during a
rapid decompression in the bulk cargo compartment; such interference
could cause damage to the floor structure and damage to certain control
cables leading to the empennage, which could result in reduced
controllability of the airplane. This action is intended to address the
identified unsafe condition.
DATES: Effective July 29, 2003.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 29, 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 certain Boeing Model 767-200 and
767-300 series airplanes was published in the Federal Register on
December 11, 2002 (67 FR 76120). That action proposed to require
modification of the installation of the aft pressure bulkhead-to-floor
insulation blankets.
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 Change Compliance Time
Two commenters ask that the compliance time for the modification
specified in the proposed AD be changed, as follows.
The first commenter asks that the compliance time be changed from
60 months to 84 months and states that the compliance times in the
referenced service bulletin and the proposed AD are different. The
commenter notes that the service bulletin specifies doing the
modification during the next heavy maintenance check when the aft
galleys are removed, and that such checks are done every 6 years.
However, the proposed AD specifies doing the modification within 5
years after the effective date of the final rule. The commenter adds
that the galleys on its airplanes are removed every 10 years for galley
restoration and to facilitate structural inspections, per Maintenance
Planning Document (MPD) Task CP53-200-04I. This task requires
an initial inspection of the floor support structure under the galleys
at 10 years, and at 5-year intervals after the initial inspection. The
commenter states that the galleys are not removed every 6 years as
called out in the ``Clarification of Compliance Time'' paragraph in the
proposed AD.
The second commenter asks that the compliance time be changed from
60 months to 72 months and states that it requires a 72-month
compliance time for doing the modification. The commenter adds that the
effectivity in the referenced service bulletin was specifically revised
to read ``* * * the next heavy maintenance check when aft galleys are
removed.'' The commenter notes that a 60-month compliance time will
require it to schedule airplanes outside of regularly scheduled
maintenance checks, or do the modification at an earlier check at
considerable cost to the airline.
We agree with the commenters. We find that the commenters provided
sufficient justification for extending the compliance time for
modifying the installation of the aft pressure bulkhead-to-floor
insulation blankets. The commenters also provided data to show that the
majority of affected operators do the heavy maintenance check of the
aft galleys at intervals that exceed the proposed 60-month compliance
time. Thus, we have determined that the modification may be deferred
until 7 years (84 months) after the effective date of this AD without
jeopardizing the continued safety of the airplane fleet. The compliance
time specified in paragraph (a) of this final rule has been changed
accordingly.
Request To Change a Certain Section in Preamble
One commenter asks that the section in the preamble of the proposed
AD titled ``Clarification of Compliance Time'' be changed to state that
the heavy maintenance checks are done every 10 years, and that the
modification should be done within 7 years after the effective date of
the AD.
Although we acknowledge and agree with the commenter's remarks on
the section in the preamble of the proposed
[[Page 37401]]
AD titled ``Clarification of Compliance Time,'' that section is not
restated in this final rule. Therefore, no change to the final rule is
necessary in this regard.
Request To Exclude Freighter Airplanes From Applicability
Two commenters ask that the applicability in the proposed AD be
changed to exclude Model 767 freighter airplanes, as follows.
The first commenter states that the effectivity in the referenced
service bulletin applies only to Model 767 passenger airplanes, and
notes that freighter airplanes are not affected. The commenter adds
that the word ``passenger'' should be added to the Discussion section
of the proposed AD. The commenter also asks that the Cost Impact
section be changed to remove the freighter airplanes from the total
number of U.S.-registered aircraft, which would reduce the cost impact
for U.S. operators.
The second commenter states that the information in the
applicability section of the proposed AD contradicts the effectivity
specified in the referenced service bulletin, and should be clarified.
The commenter notes that the applicability in the proposed AD specifies
Model 767-200 and -300 series airplanes, certificated in any category;
however, the effectivity in the service bulletin specifies Model 767-
200 and -300 passenger airplanes only.
Both commenters state that the Model 767 freighter airplane has
different venting and decompression characteristics than the passenger
airplane. The commenters add that the difference is in the location of
the aft galley in the passenger airplane, which causes the airflow
between the floor and the aft bulkhead to be different from that in
freighter airplanes.
We agree with the commenters that the applicability section should
be clarified; however, not in the manner proposed. Per the Model 767
Type Certificate Data Sheet, which specifies Model 767-200, -300, and -
300F series airplanes, the proposed AD clearly does not include Model
767-300F (freighter) airplanes in the applicability.
However, as the line numbers are listed and have confused some
operators, we have clarified the applicability in this final rule to
specify ``Model 767-200 and -300 series airplanes as listed in Boeing
Service Bulletin 767-25A0300, Revision 1, dated May 2, 2002. * * *'' In
addition, we have removed the freighter airplanes from the total number
of U.S.-registered aircraft in the Cost Impact section. However,
although we acknowledge and agree with the first commenter's remarks on
the Discussion section of the proposed AD, that section is not restated
in this final rule. Therefore, no change to the final rule is necessary
in that regard.
New Part Numbers
One commenter states that the manufacturer has not created new part
numbers for all of the affected insulation blankets and is still
shipping parts in the old configuration that preceeded the new
configuration specified in the referenced service bulletin.
Although we acknowledge the commenter's concern, we do not agree.
Figure 1 (Insulation Blanket Modification) of Boeing Service Bulletin
767-25A0300, Revision 1, specifies that the insulation blankets are to
be re-marked with new part numbers. 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 with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
There are approximately 739 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 296 airplanes of U.S. registry
will be affected by this AD, that it will take approximately 3 work
hours per airplane to accomplish the modification, and that the average
labor rate is $60 per work hour. Required parts will cost approximately
$397 per airplane. Based on these figures, the cost impact of the AD on
U.S. operators is estimated to be $170,792, or $577 per 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:
2003-13-03 Boeing: Amendment 39-13203. Docket 2002-NM-187-AD.
Applicability: Model 767-200 and -300 series airplanes, as
listed in Boeing Service Bulletin 767-25A0300, Revision 1, dated May
2, 2002; 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 (b) of
this AD.
[[Page 37402]]
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 interference with venting during a rapid
decompression in the bulk cargo compartment, which could cause
damage to the floor structure as well as damage to certain control
cables leading to the empennage, and could result in reduced
controllability of the airplane, accomplish the following:
Modification
(a) Within 7 years after the effective date of this AD: Modify
the installation of the aft pressure bulkhead-to-floor insulation
blankets, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 767-25A0300, Revision 1, dated May 2, 2002.
Alternative Methods of Compliance
(b) 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 2: 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
(c) 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.
Incorporation by Reference
(d) The actions shall be done in accordance with Boeing Service
Bulletin 767-25A0300, Revision 1, dated May 2, 2002. 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
(e) This amendment becomes effective on July 29, 2003.
Issued in Renton, Washington, on June 16, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-15596 Filed 6-23-03; 8:45 am]
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