[Federal Register: August 2, 2005 (Volume 70, Number 147)]
[Rules and Regulations]
[Page 44276-44278]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02au05-11]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20661; Directorate Identifier 2004-NM-261-AD;
Amendment 39-14206; AD 2005-16-01]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 747-200B, 747-300, 747-
400, and 747-400D Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Boeing Model 747-200B, 747-300, 747-400, and 747-400D series
airplanes. This AD requires modifying the lateral shear beam for the
Door 5 crew rest and, for certain airplanes, replacing Zone E tie rods
and modifying the Zone E stowbin ladder. This AD results from a report
indicating that the lateral shear beam for the Door 5 crew rest does
not meet the 9G forward loading requirement. We are issuing this AD to
prevent the structural support for the Door 5 crew rest and Zone E
stowbins from failing, which could result in the crew rest or stowbins
falling during an emergency and consequent injury to crew and
passengers.
DATES: This AD becomes effective September 6, 2005.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of September 6,
2005.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for service information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Don Wren, 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) 917-6451; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the AD docket in person at the Docket Management
Facility office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Management Facility office
(telephone (800) 647-5227) is located on the plaza level of the Nassif
Building at the street address stated in the ADDRESSES section. This
docket number is FAA-2005-20661; the directorate identifier for this
docket is 2004-NM-261-AD.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain Boeing Model
747-200B, 747-300, 747-400, and 747-400D series airplanes. That NPRM
was published in the Federal Register on March 22, 2005 (70 FR 14428).
That NPRM proposed to require modifying the lateral shear beam for the
Door 5 crew rest and, for certain airplanes, replacing the Zone E tie
rods and modifying the Zone E stowbin ladder.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.
Support for the Proposed AD
One commenter, the manufacturer, supports the proposed AD.
Request To Reduce Compliance Time
One commenter requests that the compliance time of 5 years to
accomplish the actions specified in the proposed AD be shortened
substantially. The commenter states that a 5-year compliance time is
too long given that the affected lateral shear beam does not meet the
9G forward loading requirement.
We do not agree. The lateral shear beam has been substantiated to
be structurally capable of carrying all flight, gust, and ground loads
that may be encountered during normal operations by the subject Model
747-200B, 747-300, 747-400, and 747-400D series airplanes. The 9G
forward loading requirement of section 25.561 (``General'') of the
Federal Aviation Regulations (14 CFR 25.561) is an emergency landing
load condition only
[[Page 44277]]
and there is a very low probability that such loads will be
encountered.
In developing the compliance time to adequately address the subject
unsafe condition, we considered the degree of urgency associated with
unsafe condition, the average utilization of the affected fleet, and
the time necessary to perform the modification. In light of all of
these factors, we found a compliance time of 60 months for completing
the proposed modification to be warranted, in that it allows operators
to schedule the modification during a routine heavy check and
represents an appropriate interval of time for affected airplanes to
continue to operate without compromising safety. This compliance time
was coordinated with the manufacturer. We have not revised the final
rule in this regard.
Request To Clarify Applicability
One commenter requests that the applicability be clarified. The
commenter suggests adding wording to exclude freighters and special
freighters. The commenter notes that the Door 5 crew rest is only
applicable to passenger airplanes.
We agree that the proposed AD is applicable only to passenger
models equipped with a Door 5 crew rest.
The applicability of the proposed AD includes Model 747-200B, 747-
300, 747-400, and 747-400D series airplanes as identified in specific
Boeing service bulletins. All of the airplanes identified in these
service bulletins are passenger models equipped with a Door 5 crew
rest; none of the airplanes identified in the service bulletins are
freighters or special freighters. Therefore, it is not necessary to
clarify the applicability to exclude freighters and special freighters.
We have not revised the final rule in this regard.
Conclusion
We have carefully reviewed the available data, including the
comments that have been received, and determined that air safety and
the public interest require adopting the AD as proposed.
Costs of Compliance
There are about 424 airplanes of the affected design in the
worldwide fleet. This AD will affect about 65 airplanes of U.S.
registry. The following table provides the estimated costs for U.S.
operators to comply with this AD.
Estimated Costs
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Average Number of
Work labor U.S.-
Action hours rate per Parts Cost per airplane registered Fleet cost
hour airplanes
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Modification........................................... 86-207 $65 $7,095-$37,770 $12,685-$51,225 65 $824,525-$3,329,625
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Authority for This Rulemaking
Title 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.
We 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.
Regulatory Findings
We have determined that this 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.
For the reasons discussed above, I certify that this AD:
(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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2005-16-01 Boeing: Amendment 39-14206. Docket No. FAA-2005-20661;
Directorate Identifier 2004-NM-261-AD.
Effective Date
(a) This AD becomes effective September 6, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the Boeing airplanes, certificated in any
category, specified in paragraphs (c)(1), (c)(2), and (c)(3) of this
AD.
(1) Model 747-200B and 747-300 series airplanes identified in
Boeing Special Attention Service Bulletin 747-53-2497, dated
November 4, 2004.
(2) Model 747-200B and 747-300 series airplanes on which Boeing
Service Bulletins 747-25-2716, 747-25-2724, and 747-25-2784 have
been done.
(3) Model 747-400 and 747-400D series airplanes identified in
Boeing Special Attention Service Bulletin 747-53-2481, dated October
24, 2002.
Unsafe Condition
(d) This AD was prompted by a report that the lateral shear beam
for the Door 5 crew rest does not meet the 9G forward loading
requirement. We are issuing this AD to prevent the structural
support for the Door 5 crew rest and Zone E stowbins from failing,
which could result in the crew rest or stowbins falling during an
emergency and consequent injury to crew and passengers.
[[Page 44278]]
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Model 747-200B and 747-300: Modification
(f) Within 60 months after the effective date of this AD, modify
the lateral shear beam for the Door 5 crew rest by accomplishing all
of the actions specified in the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 747-53-2497, dated
November 4, 2004.
Model 747-400 and 747-400D: Modification and Replacement
(g) Within 60 months after the effective date of this AD, modify
the lateral shear beam for the Door 5 crew rest, replace the Zone E
tie rods, and modify the Zone E stowbin ladder, by accomplishing all
of the actions specified in the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 747-53-2481, dated October
24, 2002.
Alternative Methods of Compliance (AMOCs)
(h) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
Material Incorporated by Reference
(i) You must use Boeing Special Attention Service Bulletin 747-
53-2481, dated October 24, 2002; or Boeing Special Attention Service
Bulletin 747-53-2497, dated November 4, 2004; as applicable, to
perform the actions that are required by this AD, unless the AD
specifies otherwise. The Director of the Federal Register approved
the incorporation by reference of these documents in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy
of this service information. You may review copies at the Docket
Management Facility, U.S. Department of Transportation, 400 Seventh
Street SW., Room PL-401, Nassif Building, Washington, DC; on the
Internet at http://dms.dot.gov; or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Issued in Renton, Washington, on July 21, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-15017 Filed 8-1-05; 8:45 am]
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