[Federal Register: January 5, 2005 (Volume 70, Number 3)]
[Proposed Rules]
[Page 737-740]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja05-31]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-89-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 777-200 and -300 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
-----------------------------------------------------------------------
SUMMARY: This document revises an earlier proposed airworthiness
directive (AD), applicable to certain Boeing Model 777-200 and -300
series airplanes. That proposed AD would have required a one-time
inspection of the clevis end of the vertical tie rods that support the
center stowage bins to measure the exposed thread, installation of
placards that advise of weight limits for certain electrical racks, a
one-time inspection and records check to determine the amount of weight
currently installed in those electrical racks, corrective actions, and
replacement of the vertical tie rods for the center stowage bins or
electrical racks with new improved tie rods, as applicable. This new
action revises the proposed rule by revising the applicability to
include additional airplanes. The actions specified by this new
proposed AD are intended to prevent failure of the vertical tie rods
supporting certain electrical racks and the center stowage bins, which
could cause the center stowage bins or electrical racks to fall onto
passenger seats below during an emergency landing, impeding an
emergency evacuation or injuring passengers. This action is intended to
address the identified unsafe condition.
DATES: Comments must be received by January 31, 2005.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2001-NM-89-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. 2001-NM-89-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.
FOR FURTHER INFORMATION CONTACT: Robert Kaufman, 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) 917-6433; 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
[[Page 738]]
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 2001-NM-89-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. 2001-NM-89-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
certain Boeing Model 777-200 and -300 series airplanes, was published
as a first supplemental notice of proposed rulemaking (NPRM) in the
Federal Register on June 23, 2004 (69 FR 34966). That action proposed
to require a one-time inspection of the clevis end of the vertical tie
rods that support the center stowage bins to measure the exposed
thread, installation of placards that advise of weight limits for
certain electrical racks, a one-time inspection and records check to
determine the amount of weight currently installed in those electrical
racks, corrective actions, and replacement of the vertical tie rods for
the center stowage bins or electrical racks with new improved tie rods,
as applicable. The original NPRM and first supplemental NPRM were
prompted by a report indicating that, under certain conditions on
Boeing Model 777-200 and -300 series airplanes, the vertical tie rods
that attach the center stowage bins and electrical racks to the
airplane structure can break. That condition, if not corrected, could
result in the racks or stowage bins falling onto passenger seats below
during an emergency landing, impeding an emergency evacuation or
injuring passengers.
Comments
We have duly considered the comments received in response to the
first supplemental NPRM.
Request To Add Additional Airplanes
One commenter notes that an airplane in its fleet that should be
subject to the proposed AD is missing from the applicability of the
first supplemental NPRM. The commenter states that it intends to
accomplish the requirements on all of its airplanes.
We agree that several line numbers were inadvertently omitted from
the applicability of the first supplemental NPRM. Therefore, we are
issuing this second supplemental NPRM and have revised the
applicability statement to state that this supplemental NPRM applies to
airplanes having line numbers 002 through 283 inclusive. We find that
the estimated number of affected airplanes in the Cost Impact section
of the first supplemental NPRM is correct; thus, we have not changed
this section of this second supplemental NPRM.
Request To Revise Compliance Time for Determining Installed Weight
One commenter requests that we revise paragraph (a)(2) of the first
supplemental NPRM to delete the words ``before further flight.'' The
commenter states that any airplane on which placards have been
installed according to paragraph (a)(1) of the proposed AD before the
effective date of the AD will be grounded upon the effective date of
the AD until the inspection and records check to determine the weight
installed in placarded electrical racks is done.
We agree and have revised paragraph (a)(2) of this second
supplemental NPRM to specify a separate compliance time of 12 months
after the effective date of the AD for airplanes on which the actions
in paragraph (a)(1) were done before the effective date of the AD. For
airplanes on which the actions in paragraph (a)(1) are done after the
effective date of this AD, the actions in paragraph (a)(2) would
continue to be required before further flight after the installation of
the placards required by paragraph (a)(1).
Request To Give Credit for Actions Accomplished Previously
One commenter requests that we revise paragraph (a)(1) of the first
supplemental NPRM to include the words ``except as provided by
paragraph (e) of this AD.'' The commenter states that adding this
phrase will allow credit to operators who have already accomplished
some of the AD requirements by doing Revision 1 of the service
bulletin.
We do not agree that any change is necessary in this regard.
Paragraph (e) of the first supplemental NPRM, as well as this second
supplemental NPRM, states that actions done before the effective date
of the AD according to Boeing Special Attention Service Bulletin 777-
25-0144, dated January 25, 2001; or Revision 1, dated January 10, 2002;
are acceptable for compliance with the corresponding actions required
by this AD, which includes the actions in paragraph (a)(1).
Comment on Cost Impact Estimate
One commenter estimates that approximately 205 work hours,
including the time needed for rework, will be necessary to accomplish
the requirements of the first supplemental NPRM on its fleet of 19
airplanes. The commenter estimates that it will incur a total cost of
$59,500, including parts and labor.
Because the commenter states that it has no objection to the
proposed requirements, we infer that the commenter is providing these
data for our information. We find that the costs estimated by the
commenter are consistent with the cost stated in the Cost Impact
section of this second supplemental NPRM. No change is necessary in
this regard.
Conclusion
Since a certain change explained above expands the scope of the
first supplemental NPRM, we have determined that it is necessary to
reopen the comment period to provide additional opportunity for public
comment.
Cost Impact
There are approximately 282 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 84 airplanes of U.S. registry
would be affected by this proposed AD.
For all airplanes: The records check and inspection to determine
the weight currently installed in electrical rack E7 would take
approximately 1 work hour per airplane to accomplish, at an average
labor rate of $65 per work hour. Based on these figures, the cost
impact
[[Page 739]]
of this proposed records check and inspection on U.S. operators is
estimated to be $5,460, or $65 per airplane.
For all airplanes: It would take approximately 1 work hour to
accomplish the proposed installation of a placard specifying weight
limits for electrical rack E7, at an average labor rate of $65 per work
hour. Required parts would cost approximately $29. Based on these
figures, the cost impact of this proposed placard installation on U.S.
operators is estimated to be $7,896, or $94 per electrical rack.
For airplanes subject to the records check and inspection to
determine the weight currently installed in electrical rack E9, E11,
E13, or E15: It would take approximately 1 work hour per electrical
rack (up to 4 racks per airplane) to accomplish, at an average labor
rate of $65 per work hour. Based on these figures, the cost impact of
this proposed records check and inspection is estimated to be as much
as $260 per airplane.
For airplanes subject to the installation of a placard specifying
weight limits for electrical rack E9, E11, E13, or E15: It would take
approximately 1 work hour per electrical rack to accomplish, at an
average labor rate of $65 per work hour. Required parts would cost
approximately $29 per electrical rack. Based on these figures, the cost
impact of this proposed installation is estimated to be as much as $376
per airplane.
For airplanes subject to the inspection of the clevis end of the
vertical support tie rod for the center stowage bin to measure the
exposed thread: It would take as much as 3 work hours per airplane
(0.25 work hour per tie rod, with up to 12 subject tie rods per
airplane) at an average labor rate of $65 per work hour. Based on these
figures, the cost impact of this proposed inspection is estimated to be
as much as $195 per airplane.
For airplanes subject to the replacement of the vertical tie rods
that support the center stowage bins: It would take as much as 6 work
hours per airplane (0.5 work hour per tie rod, with up to 12 subject
tie rods per airplane) at an average labor rate of $65 per work hour.
Required parts would cost as much as $3,020 per airplane. Based on
these figures, this proposed replacement is estimated to be as much as
$3,410 per airplane.
For airplanes subject to the replacement of the vertical tie rods
that support the electrical racks: It would take as much as 2 work
hours per airplane (0.5 work hour per tie rod with up to 4 subject tie
rods per airplane) at an average labor rate of $65 per work hour.
Required parts would cost as much as $3,012 per airplane. Based on
these figures, this proposed replacement is estimated to be as much as
$3,142 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.
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 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 adding the following new
airworthiness directive:
Boeing: Docket 2001-NM-89-AD.
Applicability: Model 777-200 and -300 series airplanes;
certificated in any category; line numbers 002 through 283
inclusive.
Compliance: Required as indicated, unless accomplished
previously.
To prevent failure of the vertical tie rods supporting certain
electrical racks and the center stowage bins, which could cause the
center stowage bins or electrical racks to fall onto passenger seats
below during an emergency landing, impeding an emergency evacuation
or injuring passengers, accomplish the following:
Inspection To Determine Weight and Placard Installation
(a) For airplanes in the groups listed in the table under
paragraph 3.B.1.b.(3) of the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 777-25-0144, Revision 2, dated
January 15, 2004: Within 5 years after the effective date of this
AD, do the applicable actions in paragraphs (a)(1) and (a)(2) of
this AD.
(1) Install placards that show weight limits for electrical
racks E7, E11, and E15; as applicable; per the Accomplishment
Instructions of the service bulletin.
(2) For each electrical rack on which a placard was installed
per paragraph (a)(1) of this AD: At the applicable compliance time
specified in paragraph (a)(2)(i) or (a)(2)(ii) of this AD, perform a
one-time inspection and records check to determine the weight of
equipment installed in that electrical rack. This records review and
inspection must include determining what extra equipment, if any,
has been installed in the subject rack of the airplane, performing a
detailed
[[Page 740]]
inspection to determine whether this equipment is installed on the
airplane, calculating the total weight of the installed equipment,
and comparing that total to the weight limit specified on the
placard installed per paragraph (a)(1) of this AD. If the weight is
outside the limits specified in the placard to be installed per the
service bulletin, before further flight, remove equipment from the
rack to meet the weight limit specified in the placard.
(i) For airplanes on which the actions required by paragraph
(a)(1) of this AD were done before the effective date of this AD:
Within 12 months after the effective date of this AD.
(ii) For airplanes on which the actions required by paragraph
(a)(1) of this AD are done after the effective date of this AD:
Before further flight after installing the placards.
Note 1: For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''
Inspection To Measure Exposed Thread and Corrective Actions
(b) For airplanes in the groups listed in the table under
paragraph 3.B.1.b.(1) of the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 777-25-0144, Revision 2, dated
January 15, 2004: Within 5 years after the effective date of this
AD, perform a detailed inspection of the clevis end of the vertical
support tie rod for the center stowage bin to measure the exposed
thread, per the Accomplishment Instructions of the service bulletin.
If the measurement of the exposed thread is outside the limits
specified in Figure 2 of the service bulletin, before further
flight, perform all corrective actions specified in steps 2 through
14 inclusive of Figure 2 of the service bulletin (including
installing a threaded sleeve, torquing the jam nuts, inserting a pin
in the witness hole to ensure that the witness hole is blocked by
the clevis shank, and making any applicable adjustment of the
clevis). Perform the corrective actions per the Accomplishment
Instructions of the service bulletin, except as provided by
paragraph (e) of this AD.
Replacement of Tie Rods for Center Stowage Bin
(c) For airplanes in Group 21, as listed in the Airplane Group
column of the table under 3.B.1.b.(2) of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 777-25-
0144, Revision 2, dated January 15, 2004: Within 5 years after the
effective date of this AD, replace the vertical support tie rods for
the center stowage bin with new improved tie rods (including
replacing the existing tie rod with a new improved tie rod, torquing
the jam nuts, inserting a pin in the witness hole to ensure that the
witness hole is blocked by the clevis shank, and making any
applicable adjustment of the clevis) by doing all actions specified
in steps 1 through 8 of Figure 3 of the service bulletin. Do these
actions per the Accomplishment Instructions of the service bulletin.
Any required adjustment of the clevis must be done before further
flight.
Inspection To Determine Weight, Tie Rod Replacement, and Placard
Installation
(d) For airplanes in the groups listed in the table under
paragraph 3.B.1.b.(4) of the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 777-25-0144, Revision 2, dated
January 15, 2004: Do the actions in paragraphs (d)(1), (d)(2), and
(d)(3) of this AD.
(1) Within 5 years after the effective date of this AD, replace
the vertical support tie rods for electrical racks E9, E11, and E13
(including replacing the existing tie rods with new improved tie
rods, replacing an existing tie rod clamp with a new improved tie
rod clamp, performing a free-play inspection of certain electrical
racks, adjusting jam nuts as applicable, performing a general visual
inspection through the witness hole to make sure tie rod threads are
visible, and making any applicable adjustment to ensure tie rod
threads are visible) by doing all actions specified in Figures 5, 6,
7, and 9 of the service bulletin; as applicable. Do these actions
per the Accomplishment Instructions of the service bulletin. Any
required adjustment must be done before further flight.
(2) Before further flight after accomplishing paragraph (d)(1)
of this AD, install placards that show weight limits for electrical
racks E9, E11, and E13; as applicable; per the Accomplishment
Instructions of the service bulletin.
(3) For each electrical rack on which a placard was installed
per paragraph (d)(2) of this AD: Before further flight after
accomplishing paragraphs (d)(1) and (d)(2) of this AD, perform a
one-time inspection and records check to determine the weight of
equipment installed in that electrical rack. This records review and
inspection must include determining what, if any, extra equipment
has been installed in the subject racks of the airplane, performing
a detailed inspection to determine that this equipment is installed
on the airplane, calculating the total weight of the installed
equipment, and comparing that total to the weight limit specified on
the placard installed per paragraph (d)(2) of this AD. If the weight
is outside the limits specified in the placard, before further
flight, remove equipment from the rack to meet the weight limit
specified in the placard.
Actions Accomplished Previously
(e) Actions accomplished before the effective date of this AD
per the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 777-25-0144, dated January 25, 2001; or Revision 1,
dated January 10, 2002; are acceptable for compliance with the
corresponding actions required by this AD, provided that the
additional actions specified in Part 2 or 3 of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 777-25-
0144, Revision 2, dated January 15, 2004, are accomplished within
the compliance time specified in this AD.
Alternative Methods of Compliance
(f) 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.
Issued in Renton, Washington, on December 27, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-171 Filed 1-4-05; 8:45 am]
BILLING CODE 4910-13-P