[Federal Register: June 23, 2004 (Volume 69, Number 120)]
[Proposed Rules]               
[Page 34969-34971]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn04-25]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-217-AD]
RIN 2120-AA64

 
Airworthiness Directives; Boeing Model 747-400 and -400D Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Boeing Model 747-
400 and -400D series airplanes, that currently requires installation of 
strap assemblies on the ceiling panels and rails that support the video 
monitors. For certain airplanes, this action would require replacement 
of certain plate assemblies within the ceiling panel strap assemblies 
with new, improved plate assemblies. This action would also revise the 
applicability by adding airplanes. The actions specified by the 
proposed AD are intended to prevent ceiling panels from falling into 
the passenger cabin area in the event of failure of certain latch 
assemblies on the ceiling panels, which could result in consequent 
injury to the flightcrew and passengers. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by August 9, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-217-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. 2003-NM-217-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, PO Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Patrick Gillespie, Aerospace Engineer, 
Cabin Safety Branch, ANM-150S, FAA, Transport Airplane Directorate; 
telephone (425) 917-6429; 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

[[Page 34970]]

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 2003-NM-217-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. 2003-NM-217-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On August 23, 1999, the FAA issued AD 99-18-07, amendment 39-11273 
(64 FR 47372, August 31, 1999), applicable to certain Boeing Model 747-
400 series airplanes, to require installation of strap assemblies on 
the ceiling panels and rails that support the video monitors. That 
action was prompted by reports of the video monitor ceiling panels 
falling into the passenger cabin area due to the failure of certain 
latch assemblies during turbulence. The requirements of that AD are 
intended to prevent ceiling panels from falling into the passenger 
cabin area in the event of failure of certain latch assemblies on the 
ceiling panels, which could result in consequent injury to the 
flightcrew and passengers.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, testing by the manufacturer revealed 
that even after operators accomplished the actions described in the 
original release and Revision 1 of Boeing Alert Service Bulletin 747-
25A3142 certain ceiling panels could still fall into the passenger 
cabin. Therefore, the manufacturer issued Revisions 2 and 3 of the 
service bulletin. These revisions also expand the effectivity of the 
service bulletin to include Boeing Model 747-400D series airplanes. 
Revision 3 of the service bulletin is the appropriate source of service 
information for accomplishment of the actions proposed in this AD.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
747-25A3142, Revision 3, dated August 14, 2003, which describes 
procedures for installing strap assemblies on the ceiling panels that 
support the video monitors. For certain airplanes, the service bulletin 
describes procedures for replacing plate assemblies having a certain 
part number with new, improved plate assemblies. The service bulletin 
also expands the effectivity to include airplanes that had certain 
plate assemblies installed in production.
    The strap assembly installation procedures include removing the 
ceiling panels forward and aft of the ceiling panel to be modified, 
removing the video monitor, installing the strap assembly on the 
ceiling panel and adjacent support rail, reidentifying the modified 
ceiling panel with a new part number, and reinstalling the video 
monitor and ceiling panels. The procedures for replacing the plate 
assembly include removing the ceiling panels forward and aft of the 
ceiling panel with the strap assembly; removing the video monitor; 
removing the strap assembly from the ceiling panel and adjacent support 
rail; replacing the plate assembly; and reinstalling the strap 
assembly, video monitor, and ceiling panels.
    Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition.

Explanation of Requirements of Proposed AD

    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 supersede AD 99-18-07 to continue to require 
installation of strap assemblies on the ceiling panels and rails that 
support the video monitors and, for certain airplanes, to require 
replacement of certain plate assemblies within the ceiling strap 
assemblies with new, improved plate assemblies. The actions would be 
required to be accomplished in accordance with the service bulletin 
previously described, except as discussed below.

Differences Between Proposed Rule and Alert Service Bulletin

    Operators should note that, although the alert service bulletin 
recommends installing the subject strap and plate assemblies at the 
first maintenance opportunity, the FAA has determined that an 
unspecified interval would not address the identified unsafe condition 
in a timely manner. In developing an appropriate compliance time for 
this AD, the FAA considered not only the manufacturer's recommendation, 
but the degree of urgency associated with addressing the subject unsafe 
condition, the average utilization of the affected fleet, and the time 
necessary to perform the installation. In light of all of these 
factors, the FAA finds a 24-month compliance time for completing the 
required actions to be warranted, in that it represents an appropriate 
interval of time allowable for affected airplanes to continue to 
operate without compromising safety.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 346 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 43 airplanes of U.S. registry 
would be affected by this proposed AD.
    The actions that are currently required by AD 99-18-07, and 
retained in this proposed AD, take approximately 9 work hours per 
ceiling panel, and between 18 and 126 work hours per airplane to 
accomplish, at an average labor rate of $65 per work hour. Required 
parts cost between $1,366 and $9,575 per airplane. Based on these 
figures, the cost impact of the currently required actions is estimated 
to be

[[Page 34971]]

between $2,536 and $17,765 per airplane.
    The proposed installation of new plates in this AD action would 
take approximately 7 work hours per ceiling panel, and between 18 and 
126 work hours per airplane, at an average labor rate of $65 per work 
hour. Required parts would cost between $1,700 and $12,200 per 
airplane. Based on these figures, the cost impact of this proposed 
requirement on U.S. operators is estimated to be between $2,870 and 
$20,390 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
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 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 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 removing amendment 39-11273 (64 FR 
47372, August 31, 1999), and by adding a new airworthiness directive 
(AD), to read as follows:

Boeing: Docket 2003-NM-217-AD. Supersedes AD 99-18-07, Amendment 39-
11273.

    Applicability: Model 747-400 and -400D series airplanes, as 
listed in Boeing Alert Service Bulletin 747-25A3142, Revision 3, 
dated August 14, 2003, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent ceiling panels from falling into the passenger cabin 
area in the event of failure of certain latch assemblies on the 
ceiling panels, which could result in consequent injury to the 
flightcrew and passengers, accomplish the following:

Replacement of Plate Assemblies in the Ceiling Panel Strap Assemblies

    (a) For airplanes on which ceiling panel strap assemblies were 
installed in accordance with Boeing Alert Service Bulletin 747-
25A3142, dated October 16, 1997; or Revision 1, dated August 6, 
1998; or had plate assembly 411U5513-123 installed in production as 
of the effective date of this AD: Within 24 months after the 
effective date of this AD, replace any plate assembly having part 
number (P/N) 411U5513-123, with a new, improved plate assembly 
having P/N 411U5513-131, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 747-25A3142, Revision 
3, dated August 14, 2003.

Installation of Ceiling Panel Strap Assemblies

    (b) For airplanes on which ceiling panel strap assemblies were 
not installed in accordance with Boeing Alert Service Bulletin 747-
25A3142, dated October 16, 1997; or Revision 1, dated August 6, 
1998: Within 24 months after the effective date of this AD, install 
strap assemblies on the ceiling panels and rails that support the 
video monitors in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 747-25A3142, Revision 3, dated August 
14, 2003.

Actions Done per Previous Issue of Service Bulletin

    (c) Accomplishment of the specified actions before the effective 
date of this AD per Boeing Alert Service Bulletin 747-25A3142, 
Revision 2, dated March 20, 2003, is considered acceptable for 
compliance with the applicable requirements of paragraphs (a) and 
(b) of this AD.

Alternative Methods of Compliance

    (d)(1) In accordance with 14 CFR 39.19, the Manager, Seattle 
Aircraft Certification Office, FAA, is authorized to approve 
alternative methods of compliance (AMOCs) for this AD.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 99-18-07, amendment 39-11273, are approved as 
alternative methods of compliance with the applicable actions of 
this AD.

    Issued in Renton, Washington, on June 16, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-14182 Filed 6-22-04; 8:45 am]

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