[Federal Register: June 16, 2004 (Volume 69, Number 115)]
[Proposed Rules]
[Page 33597-33599]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn04-29]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2004-NM-33-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-300 and -400ER Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain Boeing Model 767-300 and -
400ER series airplanes. This proposal would require replacing the tie
rods for the waste tank cradle, related investigative actions,
corrective actions, and special retrofit action if necessary. This
action is necessary to prevent possible failure of the main deck floor
stanchions and consequent collapse of the main floor during an
emergency landing, which could result in passenger injury and impede
passenger evacuation from the airplane. This action is intended to
address the identified unsafe condition.
DATES: Comments must be received by August 2, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2004-NM-33-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2004-NM-33-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207. This information may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington.
[[Page 33598]]
FOR FURTHER INFORMATION CONTACT: Susan Rosanske, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056; telephone (425) 917-6448; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
For each issue, state what specific change to the proposed
AD is being requested.
Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2004-NM-33-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2004-NM-33-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The FAA has received a report from the airplane manufacturer
indicating that an internal design review revealed that the tie rods on
certain Boeing Model 767-300 and -400ER series airplanes, which support
the waste tank cradle, do not meet the 9g forward emergency landing
load requirements. If a 9g forward event occurs, the tie rods could
fail. Failure of the tie rods could result in damage to or possible
failure of the main deck floor stanchions and consequent collapse of
the main floor, which could result in passenger injury and impede
passenger evacuation from the airplane in an emergency situation.
Explanation of Relevant Service Information
The FAA has reviewed and approved Boeing Alert Service Bulletins
767-38A0062 (for Model 767-300 series airplanes) and 767-38A0063 (for
Model 767-400ER series airplanes), both dated August 15, 2002, which
describe procedures for replacing the tie rods for the waste tank
cradle with new, improved tie rods, related investigative actions,
corrective actions, and special retrofit action if necessary. The
related investigative actions are general and detailed visual
inspections of the tie rods and fittings for structural damage (i.e.,
deformation, cracks, or other damage). The corrective actions are
measuring the old tie rods to adjust the new tie rods for proper fit;
removing the old tie rods; and installing the new tie rods. The special
retrofit action is contacting Boeing for special retrofit procedures in
the event that structural damage is found during the related
investigative actions. Accomplishment of the actions specified in the
service bulletins is intended to adequately address the identified
unsafe condition.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other products of this same type design, the
proposed AD would require accomplishment of the actions specified in
the applicable service bulletin described previously, except as
discussed below.
Difference Between Proposed Rule and Service Bulletins
Although the service bulletins specify that operators may contact
the manufacturer for disposition of certain repair conditions, this
proposed AD would require operators to repair those conditions per a
method approved by the FAA.
Cost Impact
There are approximately 97 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 42 airplanes of U.S. registry
would be affected by this proposed AD, that it would take approximately
2 work hours per airplane to accomplish the proposed actions, and that
the average labor rate is $65 per work hour. Required parts would cost
approximately $2,471 per airplane. Based on these figures, the cost
impact of the proposed AD on U.S. operators is estimated to be
$109,242, or $2,601 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed requirements of
this AD action, and that no operator would accomplish those actions in
the future if this proposed 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. The manufacturer may
cover the cost of replacement parts associated with this proposed AD,
subject to warranty conditions. Manufacturer warranty remedies may also
be available for labor costs associated with this proposed AD. As a
result, the costs attributable to the proposed AD may be less than
stated above.
Regulatory Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this 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) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the
[[Page 33599]]
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new
airworthiness directive:
Boeing: Docket 2004-NM-33-AD.
Applicability: Model 767-300 series airplanes, as listed in
Boeing Alert Service Bulletin 767-38A0062, dated August 15, 2002;
and Model 767-400ER series airplanes, as listed in Boeing Alert
Service Bulletin 767-38A0063, dated August 15, 2002; certificated in
any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent failure of the main deck floor stanchions and
consequent collapse of the main floor during an emergency landing,
which could result in passenger injury and impede passenger
evacuation from the airplane, accomplish the following:
Replacement and Related Investigative and Corrective Actions and
Retrofit Action
(a) Within 18 months after the effective date of this AD:
Replace the four tie rods for the waste tank cradle with new tie
rods and do all applicable related investigative actions/corrective
and special retrofit actions by accomplishing all the actions in the
Accomplishment Instructions of Boeing Alert Service Bulletins 767-
38A0062 (for Model 767-300 series airplanes) and 767-38A0063 (for
Model 767-400ER series airplanes), both dated August 15, 2002; as
applicable. Do the actions in accordance with the applicable service
bulletin except as provided by paragraph (b) of this AD. Accomplish
any related investigative, corrective, or special retrofit action
before further flight.
(b) If any deformation, crack, or other damage is found during
any related investigative action required by paragraph (a) of this
AD, and the bulletin specifies contacting Boeing for appropriate
action: Before further flight, perform the special retrofit action
per a method approved by the Manager, Seattle Aircraft Certification
Office (ACO), FAA. For a retrofit method to be approved by the
Manager, Seattle ACO, as required by this paragraph, the Manager's
approval letter must specifically refer to this AD.
Parts Installation
(c) As of the effective date of this AD, no person may install
any tie rod for the waste tank cradle having part number 251T0100-
1401, 251T0100-1402, 251T0100-1403, or 251T0100-1404, on any
airplane.
Alternative Methods of Compliance
(d) In accordance with 14 CFR 39.19, the Manager, Seattle ACO,
FAA, is authorized to approve alternative methods of compliance
(AMOCs) for this AD.
Issued in Renton, Washington, on June 7, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-13560 Filed 6-15-04; 8:45 am]
BILLING CODE 4910-13-U