Discussion \n\n\tWe issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to certain Boeing Model 767-200 and 767-300 series airplanes. That NPRM was published in the Federal Register on August 21, 2008 (73 FR 49366). That NPRM proposed to require detailed inspections of the aft pressure bulkhead for damage, mid-frequency eddy current (MFEC) and low frequency eddy current (LFEC) inspections of radial web lap splices, tear strap splices, and super tear strap splices for cracking, and corrective actions if necessary. \n\nComments \n\n\tWe gave the public the opportunity to participate in developing this AD. We considered the comments received. \n\nRequest To Refer to AD 2003-18-10 \n\n\tBoeing and United Airlines ask that we refer to AD 2003-18-10, amendment 39-13301 (68 FR 53503, September 11, 2003) in the AD. \n\tBoeing states that AD 2003-18-10 requires a revision of the Boeing 767 Maintenance Planning Data (MPD) Document D622T001-9 to incorporate the October 2002 revision, and Appendix B of the Boeing 767 MPD Document D622T001 to incorporate the December 2002 revision, for Model 767 line numbers 1-895. Boeing adds that the inspection requirements of Boeing Alert Service Bulletin 767-53A0147, dated August 16, 2007, supersede the Boeing 767 MPD Document D622T001-9 and Document D622T001, Appendix B, inspections for Structural Significant Items (SSI) 53-80- I01B, C, D, and E. Boeing concludes that the NPRM affects the requirements of AD 2003-18-10 and asks that a reference to that AD be added to the "Affected ADs'' paragraph of the NPRM. \n\tUnited Airlines (UAL) states that a reference to AD 2003-18-10 should be included because paragraph 1.F. of Boeing Alert Service Bulletin 767-53A0147, dated August 16, 2007, states that the Accomplishment Instructions "are approved as an alternative method of compliance (AMOC) to the inspections of SSI 53-80-I01B, C, D, and E of Boeing 767 MPD Document D622T001-9 and Appendix B of Boeing 767 MPD Document D622T001 as required by paragraph (d) of Airworthiness Directive (AD) 2003-18-10.'' In addition, due to the AD-related SSIs, UAL states that the NPRM should include the SSI numbers specified in Boeing Alert Service Bulletin 767-53A0147, dated August 16, 2007. \n\n\tWe do not agree that AD 2003-18-10 should be referred to in this AD. The "Affected ADs'' paragraph is used to refer to the AD number of supersedure and revision ADs only; we consider AD 2003-18-10 a "related AD,'' not a supersedure or revision. AD 2003-18-10 applies to certain Boeing Model 767 series airplanes. That AD currently requires revising the Airworthiness Limitations Section of the MPD Document (767 Airworthiness Limitations Instructions (ALI)). AD 2003-18-10 also incorporates into the ALI certain inspections and compliance times to detect fatigue cracking of principal structural elements (PSEs). AD 2003-18-10 is already referred to in BoeingAlert Service Bulletin 767- 53A0147, dated August 16, 2007, and since that service bulletin is the source of service information for accomplishing the required actions in this AD it is not necessary to refer to AD 2003-18-10 in this AD. We have made no change to the AD in this regard. \n\nRequests To Clarify the Alternative Method of Compliance (AMOC) Paragraph Relative to AD 2003-18-10 \n\n\tBoeing asks that we clarify the AMOC paragraph to ensure that AMOCs for repairs are required only for the requirements of the NPRM, not the requirements of AD 2003-18-10 that are specifically superseded in paragraph 1.F. "Approval,'' of Boeing Alert Service Bulletin 767- 53A0147, dated August 16, 2007. Boeing states that the inspections in Boeing Alert Service Bulletin 767-53A0147, dated August 16, 2007, supersede the Boeing 767 MPD Document D622T001-9 and Document D622T001, Appendix B, inspections for SSI 53-80-I01B, C, D, and E. Boeing adds that if cracks are found and repaired, an AMOC to the superseded inspections of AD 2003-18-10 specifically referenced in the above sentence is not required or applicable. Boeing asks that paragraph (g)(3) of the NPRM be changed to add the following: Alternative inspections for repair configurations require an AMOC to this AD only, not the requirements of AD 2003-18-10, which have been superseded by the inspection in Boeing Alert Service Bulletin 767-53A0147, dated August 16, 2007. This AMOC applies only to the areas inspected as specified in Boeing Alert Service Bulletin 767-53A0147, dated August 16, 2007. \n\tDelta Airlines states that all repairs that would receive an AMOC to any of the repetitive inspections required by this AD (in the repaired area) should automatically be considered as having received an AMOC to the respective and equivalent inspections required by AD 2003- 18-10. Delta adds that this is for SSIs 53-80-I01B, C, D, and E, as specified in paragraph 1.F. of Boeing Alert Service Bulletin 767- 53A0147, dated August 16, 2007. Delta notes that the operator should not have to apply for such an AMOC. \n\tWe do not agree that an AMOC is not necessary for inspection requirements in areas repaired as required by AD 2003-18-10. The repairs required by this AD affect the ability to accomplish certain inspections required by AD 2003-18-10, resulting in the need for an AMOC to that AD. The AMOC provided in paragraph 1.F. of Boeing Alert Service Bulletin 767-53A0147, dated August 16, 2007, allows for only the inspections in Boeing Alert Service Bulletin 767-53A0147, dated August 16, 2007, to be an AMOC to certain inspections in AD 2003-18-10. That AMOC does not include approval of inspections as a separate AMOC to this AD as a result of a repair in repaired areas. However, we agree that inspections of repaired areas, if approved as an AMOC for the inspection requirements of this AD, should also be approved as an AMOC to the inspection required by AD 2003-18-10 for the repaired areas only. Additionally, we agree thatthe AMOC paragraph should be clarified relative to inspections of repaired areas as required by AD 2003-18-10. We have added paragraph (g)(4) to this AD for clarification and to provide this AMOC approval. \n\nConclusion \n\n\tWe reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the change described previously. This change will neither increase the economic burden on any operator nor increase the scope of the AD. \n\nCosts of Compliance \n\n\tThere are about 244 airplanes of the affected design in the worldwide fleet. This AD affects about 84 airplanes of U.S. registry. The actions take about 31 work hours per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the AD for U.S. operators is $208,320, or $2,480 per airplane, per inspection cycle. \n\nAuthority for This Rulemaking \n\n\tTitle 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. 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. \n\tWe are issuing this rulemaking 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 rulemaking action. \n\nRegulatory Findings \n\n\tThis 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. \n\tFor the reasons discussed above, I certify that this AD: \n\t(1) Is not a "significant regulatory action'' under Executive Order 12866, \n\t(2) Is not a "significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and \n\t(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. \n\tYou can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. \n\nAdoption of the Amendment \n\nAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n1. The authority citation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\nSec. 39.13 (Amended) \n\n2. The FAA amends Sec. 39.13 by adding the following new AD: