[Federal Register: August 4, 2004 (Volume 69, Number 149)]
[Proposed Rules]
[Page 47028-47031]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au04-18]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 47028]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-91-AD]
RIN 2120-AA64
Airworthiness Directives; Various Transport Category Airplanes on
Which Cargo Restraint Strap Assemblies Have Been Installed per
Supplemental Type Certificate (STC) ST01004NY
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
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SUMMARY: This document revises an earlier proposed airworthiness
directive (AD), applicable to various transport category airplanes on
which cargo restraint strap assemblies have been installed per STC
ST01004NY. That action would have required revising the airplane flight
manual to include a procedure for discontinuing the use of certain
cargo restraint strap assemblies installed per STC ST01004NY, if used
as the only cargo restraint. This new action revises the proposed rule
by adding a requirement to revise the airplane weight and balance
manual to include the same procedure described previously. The actions
specified by this new proposed AD are intended to prevent shifting or
unrestrained cargo in the cargo compartment, which could cause an
unexpected change in the airplane's center of gravity, damage to the
airplane structure and/or flight control system, a hazard to the
flightcrew, and/or possible loss of controllability of the airplane.
This action is intended to address the identified unsafe condition.
DATES: Comments must be received by August 30, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-91-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. 2002-NM-91-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.
FOR FURTHER INFORMATION CONTACT: Jon Hjelm, Aerospace Engineer,
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stuart Ave., suite 410, Westbury, New York
11590; telephone (516) 228-7323; fax (516) 794-5531.
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 2002-NM-91-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. 2002-NM-91-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to add an airworthiness directive (AD), applicable to
various transport category airplanes on which cargo restraint strap
assemblies have been installed per Supplemental Type Certificate (STC)
ST01004NY, was published as a notice of proposed rulemaking (NPRM) in
the Federal Register on July 29, 2003 (68 FR 44495). That NPRM proposed
to require revising the airplane flight manual (AFM) to include a
procedure for discontinuing the use of certain cargo restraint strap
assemblies installed per STC ST01004NY, if used as the only cargo
restraint. That NPRM was prompted by reports of incorrect installation
of cargo restraint strap assemblies having part number (P/N) 1519-
MCIDS. The reports also indicate the use of incorrect pallet and strap
combinations, and the use of straps inappropriate for the type of cargo
being restrained. Shifting or unrestrained cargo due to improper
installation of cargo straps could cause an unexpected change in the
airplane's center of gravity, damage to the airplane structure and/or
flight control system, a hazard to the flightcrew, and/or possible loss
of controllability of the airplane.
Comments Received
Due consideration has been given to the comments received in
response to the original NPRM.
[[Page 47029]]
Support for the Original NPRM
Several commenters generally support the original NPRM.
Request To Clarify the Intent of the Original NPRM
Several commenters state that the wording of the original NPRM is
confusing. The commenters indicate that they misinterpreted the intent
of the original NPRM and concluded that the NPRM prohibits the use of
cargo restraint strap assemblies having P/N 1519-MCIDS. The commenters
suggest that the original NPRM be revised to clarify that the cargo
restraint straps listed in the STC are not the cause of the unsafe
condition, and that these straps may be used in accordance with the
airplane manufacturers' weight and balance manuals (WBM), when strap
installations are appropriate.
We agree that the straps listed in the STC are not the cause of the
unsafe condition. The actual intent of the original NPRM is to prohibit
the use of supplemental type certificate (STC) ST01004NY to install
cargo restraint strap assemblies. We also agree with the commenters'
request to allow use of the straps per the WBM under certain
conditions. Paragraph (a) of this supplemental NPRM has been revised to
clarify that the use of STC ST01004NY shall be discontinued as the only
means of installing certain cargo restraint straps, and that these
straps may be used if they are installed per the airplane
manufacturers' WBMs, and within the strap rated load (5,000 lbs.).
Request To Require Revising the Airplane WBM
Two commenters request a change to the original NPRM to require
revising the airplane WBM. (The original NPRM requires revising the
Limitations Section of the AFM to include information to discontinue
the use of certain cargo restraint straps as the only means of securing
cargo.) The commenters note that cargo-loading personnel do not refer
to the AFM, but they do look at the cargo loading guidelines included
in the airplane WBM.
We agree with the commenters' request for the reason given by the
commenters. Paragraph (a) of this supplemental NPRM has been revised to
require revising both the AFM and the WBM by inserting text that
prohibits the use of STC ST01004NY to install cargo restraint strap
assemblies having P/N 1519-MCIDS, if the strap assemblies are the only
means of cargo restraint.
Request To Address Another Unsafe Condition
Two commenters note the original NPRM allows continued use of the
cargo restraint straps listed in STC ST01004NY as supplemental cargo
restraints in conjunction with TSO C90c nets. The commenters state that
this could create another unsafe condition because of the relative
stiffness of the straps compared to the cargo nets; the straps would
carry most of the cargo load. The commenters suggest that the original
NPRM be changed to eliminate this potentially unsafe combination of
cargo restraint straps and cargo nets.
We agree with the commenters' request. We find that combining the
cargo restraint straps listed in STC ST01004NY with cargo nets could
create a potentially unsafe condition. Therefore, we have removed the
provision allowing the use of the subject cargo restraint straps in
conjunction with cargo nets from paragraph (a) of this supplemental
NPRM.
Request To Address Cargo Restrained to the Airplane Floor
Several commenters note that the original NPRM does not address
cargo that is directly restrained to the structure of the airplane
floor. They suggest that the original NPRM be revised to address this
situation.
We agree with the commenters' request. We have changed paragraph
(a) of this supplemental NPRM to allow continued use of cargo restraint
straps as supplemental restraints to secure cargo to TSO C90c/NAS3610
pallets, or to the cargo restraint fittings in the airplane floor, per
the WBM, and within the strap rated load (5,000 lbs.).
Request for Alternative Cargo Restraint Procedures
One commenter notes that the original NPRM prohibits further use of
STC ST01004NY, but does not provide instructions for alternative cargo
restraint procedures. We infer that the commenter is requesting that
additional information be included in the original NPRM to address
alternative procedures for restraining cargo.
We do not agree. The supplemental NPRM does not include alternative
procedures for restraining cargo in lieu of using STC ST01004NY as the
intent of this action is to prohibit further use of STC ST01004NY to
install certain cargo restraint straps, not to provide alternative
cargo restraint procedures. After appropriate installation instructions
are developed in cooperation with the STC holder, the STC may be
amended. Operators should follow the existing cargo loading and
restraint guidelines in the applicable airplane WBM. We have not
changed this supplemental NPRM regarding this issue.
Request To Create New Technical Standard Order (TSO)
Several commenters suggest that there is a larger problem regarding
cargo restraint straps and installation of the straps within the air
transport industry. The commenters state that a new TSO should be
issued regarding cargo restraint straps. The commenters also suggest
that an industry standard for acceptable strap installation be created
to ensure safety in cargo loading/restraint operations. The commenters
did not request any specific changes to the original NPRM.
We acknowledge the commenters' concerns. We have been working with
the Society of Automotive Engineers (SAE) to create a new TSO for cargo
restraint straps based on SAE design criteria. The straps may be
installed per the airplane manufacturers' cargo-loading instructions,
which are contained in the applicable airplane WBM. Until the new TSO
becomes available, we will consider issuing a new special airworthiness
information bulletin to emphasize the need for operators to follow the
existing approved cargo loading and restraint guidelines. We have not
changed this supplemental NPRM regarding this issue.
Request To Withdraw Original NPRM
One commenter states that STC ST01004NY is not an appropriate
method for approving the use of certain cargo restraint straps because
there is no type design or type certificate for cargo straps;
therefore, an NPRM to prohibit the use of the STC is not necessary. We
infer that the commenter requests we withdraw the original NPRM.
We do not agree with the commenter's request. An unsafe condition
has been identified and an AD is the appropriate vehicle for mandating
action to correct the unsafe condition. Further, the STC is the type
design approval for the installation of P/N 1519-MCIDS strap
assemblies, and was issued to provide specific instructions for
installation of those strap assemblies. We have not changed this
supplemental NPRM regarding this issue.
Request To Clarify Applicability of Original NPRM
One commenter, an airplane manufacturer, states that at some point
in the future the applicability of the original NPRM may be expanded to
[[Page 47030]]
include airplanes that do not have STC ST01004NY installed. Another
commenter states that the applicability of the original NPRM is vague
and requests clarification of airplanes affected by the original NPRM.
We agree that clarification of the applicability should be
provided. The basis of the applicability for this supplemental NPRM is
the approved model list (AML) attached to STC ST01004NY. Only the
airplane models currently listed in the AML are allowed to install STC
ST01004NY, and those are the only airplanes subject to this
supplemental NPRM. If we need to expand the applicability of this
supplemental NPRM in the future, another AD action will be published in
the Federal Register notifying the public of the proposed change. We
have not changed this supplemental NPRM regarding this issue.
Request To Revise Cost Impact
One commenter states that the cost impact section of the original
NPRM addresses only the cost of the AFM revision, and fails to take
into consideration the financial impact of the consequences of the
change, specifically the effect on cargo shippers and carriers. The
same commenter also states that the cost impact fails to address
passenger-carrying narrow-bodied and wide-bodied airplanes that also
use the specified cargo restraint straps to secure cargo or baggage to
tie-down locations or contoured pallets. Another commenter mentions the
economic impact to operators when cargo has to be tied down to the
airplane floor, which results in the adjacent cargo pallet positions
remaining empty. That same commenter also states that tied-down cargo
results in longer ground time, which also costs money. We infer that
the commenters request a revision to the cost impact section of the
original NPRM.
We acknowledge these commenters' concerns regarding the larger
scale economic impact of the supplemental NPRM. However, as stated in
the Cost Impact section, only costs associated with accomplishment of
the actions required by the AD are addressed in an AD. We do not
include an estimate of the long-term financial impact to operators. ADs
require specific actions to address specific unsafe conditions and
consequently may appear to impose costs that would not otherwise be
borne by operators. However, because operators have a general
obligation to maintain their airplanes in an airworthy condition, this
appearance is deceptive. Attributing those costs solely to this AD is
unrealistic because, in the interest of maintaining safe airplanes,
prudent operators would accomplish these actions even if they were not
required by the AD.
In regard to the passenger-carrying airplanes, the Cost Impact
section does address those airplanes because they are included in the
applicability of the supplemental NPRM. The applicability is not
limited to cargo airplanes, but includes various transport category
airplanes on which cargo restraint strap assemblies have been installed
per STC ST01004NY. We have not changed this supplemental NPRM in regard
to the larger scale economic impact of the NPRM. We have changed this
supplemental NPRM to include the estimated cost of revising the WBM.
Request To Correct Referenced Part Number
One commenter states that P/N 1519-MCIDS, as cited in the original
NPRM, is incorrect and should be cited as P/N 1519-MC1DS (the 7th
character should be the numeral ``1'' and not the capital letter
``I''). The commenter states that the mistake probably originated from
STC ST01004NY, which listed the 7th character of the P/N as an ``I.''
We do not agree with the commenter's request. During the STC
application process, the STC holder for STC ST01004NY submitted a data
package to the FAA. The drawing included in the data package references
the 7th character of the P/N as an ``I'' not a ``1.'' The P/N
referenced in the original NPRM is correct. We have not changed this
supplemental NPRM regarding this issue.
Conclusion
Since certain changes described above expand the scope of the
original NPRM, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for public comment.
Changes to 14 CFR Part 39/Effect on the Original NPRM
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits, and alternative methods of
compliance (AMOCs). Because we have now included this material in part
39, we no longer need to include it in each individual AD. In this
supplemental NPRM, paragraph (c) of the original NPRM has been removed,
and paragraph (b) of the original NPRM has been revised to only
identify the office authorized to approve AMOCs.
Cost Impact
There are approximately 1,150 transport category airplanes of the
affected design in the worldwide fleet. We estimate that 735 airplanes
of U.S. registry would be affected by this supplemental NPRM.
It would take approximately 1 work hour per airplane to accomplish
the proposed AFM revision, at an average labor rate of $65 per work
hour. Based on this figure, the cost impact of the proposed AFM
revision is estimated to be $47,775, or $65 per airplane.
It would take approximately 1 work hour per airplane to accomplish
the proposed WBM revision, at an average labor rate of $65 per work
hour. Based on this figure, the cost impact of the proposed WBM
revision is estimated to be $47,775, or $65 per airplane.
The cost impact figures discussed above are 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 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.
[[Page 47031]]
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:
Transport Category Airplanes: Docket 2002-NM-91-AD.
Applicability: The following transport category airplanes,
certificated in any category, on which cargo restraint strap
assemblies part number (P/N) 1519-MCIDS have been installed per
Supplemental Type Certificate (STC) ST01004NY.
Table 1.--Manufacturers/Airplane Models
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Manufacturer Airplane model
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Aerospatiale................. ATR42 and ATR72 series airplanes.
Airbus....................... A300 B2 and A300 B4 series airplanes;
A300 B4-600, A300 B4-600R, and A300 F4-
600R (collectively called A300-600)
series airplanes; A310, A320, A321,
A330, and A340 series airplanes.
Boeing....................... 707-100, 707-200, 707-100B, and 707-100B
series airplanes; 727, 737, 747, 757,
and 767 series airplanes.
British Aerospace............ BAe 146 series airplanes and Avro 146-RJ
series airplanes.
Fokker....................... F27 and F.28 series airplanes.
Lockheed..................... 188A and 188C airplanes, and L-1011
series airplanes.
Maryland Air Industries, Inc. F-27 series airplanes and FH-227 series
airplanes.
McDonnell Douglas............ DC-7, DC-7B, and DC-7C airplanes; DC-8-
11, DC-8-12, DC-8-21, DC-8-31, DC-8-32,
DC-8-33, DC-8-41, DC-8-42, and DC-8-43
airplanes; DC-8-51, DC-8-52, DC-8-53,
and DC-8-55 airplanes; DC-8F-54 and DC-
8F-55 airplanes; DC-8-61, DC-8-62, and
DC-8-63 airplanes; DC-8-61F, DC-8-62F,
and DC-8-63F airplanes; DC-8-71, DC-8-
72, and DC-8-73 airplanes; DC-8-71F, DC-
8-72F, and DC-8-73F airplanes; DC-9-11,
DC-9-12, DC-9-13, DC-9-14, DC-9-15, and
DC-9-15F airplanes; DC-9-21 airplanes;
DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-
32F, DC-9-33F, DC-9-34, DC-9-34F, DC-9-
41, DC-9-51, DC-9-81 (MD-81), DC-9-82
(MD-82), DC-9-83 (MD-83), and DC-9-87
(MD-87) airplanes; MD-88 airplanes; MD-
90-30 airplanes; 717-200 airplanes; DC-
10-10 and DC-10-10F airplanes; DC-10-15
airplanes; DC-10-30 and DC-10-30F (KDC-
10) airplanes; DC-10-40 and DC-10-40F
airplanes; MD-10-10F and MD-10-30F
airplanes; and MD-11 and MD-11F
airplanes.
------------------------------------------------------------------------
Compliance: Required as indicated, unless accomplished
previously.
To prevent shifting or unrestrained cargo in the cargo
compartment, which could cause an unexpected change in the
airplane's center of gravity, damage to the airplane structure and/
or flight control system, a hazard to the flightcrew, and/or
possible loss of controllability of the airplane, accomplish the
following:
Revisions to Airplane Flight Manual (AFM) and Weight and Balance Manual
(WBM)
(a) Within 14 days after the effective date of this AD, revise
the Limitations Section of the applicable AFM, and the cargo-loading
procedures in the applicable WBM, to include the following
information (this may be accomplished by inserting a copy of this AD
into the AFM and the WBM):
``Discontinue the use of Supplemental Type Certificate (STC)
ST01004NY to install Airline Container Manufacturing Company, Inc.,
cargo restraint straps, part number 1519-MCIDS, as the only means of
securing cargo to Technical Standard Order (TSO) C90c/NAS3610
pallets. Such cargo restraint straps may continue to be used as
supplemental restraints to secure cargo to TSO C90c/NAS3610 pallets,
or to the cargo restraint fittings in the airplane floor, per the
airplane manufacturer's weight and balance manuals, and within the
strap rated load (5,000 lbs.).''
Note 1: If the statement in paragraph (a) of this AD has been
incorporated into the general revisions of the AFM and the WBM, the
general revisions may be incorporated into the AFM and the WBM, and
the copy of this AD may then be removed from the AFM and the WBM.
Alternative Methods of Compliance
(b) In accordance with 14 CFR 39.19, the Manager, New York
Aircraft Certification Office (ACO), FAA, is authorized to approve
alternative methods of compliance (AMOCs) for this AD.
Issued in Renton, Washington, on July 27, 2004.
Kyle L. Olsen,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-17764 Filed 8-3-04; 8:45 am]
BILLING CODE 4910-13-P