[Federal Register: September 7, 2005 (Volume 70, Number 172)]
[Proposed Rules]
[Page 53106-53108]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07se05-20]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22321; Directorate Identifier 2005-NM-123-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-200 and -300 Series
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Boeing Model 767-200 and -300 series airplanes. This
proposed AD would require replacing the placards on certain stowage
bins with new placards, installing partial dividers in certain other
stowage bins, and installing straps on stowage bins containing life
rafts. For certain airplanes, this proposed AD would also require
related concurrent actions. This proposed AD results from test data
indicating that outboard overhead stowage bins are unable to withstand
the 4.5g down-load standard intended to protect passengers during
flight turbulence or a hard landing. We are proposing this AD to
prevent the stowage bins from opening during flight turbulence or a
hard landing, which could result in the contents of the stowage bins
falling onto the passenger seats below and injuring passengers, or
blocking the aisles, impeding the evacuation of passengers in an
emergency.
DATES: We must receive comments on this proposed AD by October 24,
2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207 for the service information identified in this
proposed AD.
FOR FURTHER INFORMATION CONTACT: Patrick Gillespie, 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) 917-6429; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Include the docket number `` FAA-
2005-22321; Directorate Identifier 2005-NM-123-
[[Page 53107]]
AD'' at the beginning of your comments. We specifically invite comments
on the overall regulatory, economic, environmental, and energy aspects
of the proposed AD. We will consider all comments received by the
closing date and may amend the proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of
that website, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
, or 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 DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the Docket Management System
receives them.
Discussion
We have received test data from the manufacturer indicating that
the outboard overhead stowage bins are unable to withstand the 4.5g
down-load standard intended to protect passengers during flight
turbulence or a hard landing. The affected airplanes are certain Boeing
Model 767-200 and -300 series airplanes. Under the 4.5g down-load
condition, the threshold deflection of the stowage bins is too large
and compromises the engagement of the doors. This condition, if not
corrected, could result in the stowage bins opening during flight
turbulence or a hard landing, which could result in the contents of the
stowage bins falling onto the passenger seats below and injuring
passengers, or blocking the aisles, impeding the evacuation of
passengers in an emergency.
Relevant Service Information
We have reviewed Boeing Special Attention Service Bulletin 767-25-
0336, Revision 2, dated August 11, 2005. The service bulletin describes
procedures for replacing the placards on certain stowage bins with new
placards, installing partial dividers in certain other stowage bins,
and installing straps on stowage bins containing life rafts. Although
Revision 2 states that the original issue of Service Bulletin 767-25-
0336 is dated September 18, 2003, the date that appears on that
document is May 15, 2003.
For certain airplanes, Service Bulletin 767-25-0336, Revision 2,
specifies prior or concurrent accomplishment of Boeing Service Bulletin
767-25-0211, Revision 1, dated July 14, 1994. Service Bulletin 767-25-
0211, Revision 1, describes procedures for replacing the door latches,
strikes, and thresholds on the outboard overhead stowage compartments
with new, improved latches, strikes, and thresholds.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition.
FAA's Determination and Requirements of the Proposed AD
We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other airplanes
of this same type design. For this reason, we are proposing this AD,
which would require accomplishing the actions specified in the service
information described previously.
Clarification of Compliance Time for the Modifications
Boeing Special Attention Service Bulletin 767-25-0336, Revision 2,
specifies that it is not necessary to modify all of the stowage bins at
one time, provided the modification of an individual bin is completed
prior to the airplane returning to service. We agree with this
statement, but want to clarify that the modification of all affected
stowage bins must be completed within 60 months after the effective
date of the proposed AD. In developing an appropriate compliance time
for this AD, we considered not only the manufacturer's recommendation,
but the degree of urgency associated with addressing the subject unsafe
condition, and the time necessary to perform the modifications. We have
determined that a 60-month compliance time is an appropriate interval
of time for affected airplanes to continue to operate without
compromising safety. We have coordinated this compliance time with
Boeing.
Costs of Compliance
There are about 366 airplanes of the affected design in the
worldwide fleet. The following tables provide the estimated costs for
U.S. operators to comply with this proposed AD.
Estimated Costs
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Number of U.S.-
Action Work hours per kit Average labor Cost of parts kit Cost per airplane registered Fleet cost
rate per hour per airplane airplanes
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Installation of placards, Between 46 and 74... $65 Between $26,700 and Between $29,690 and 138 Between $4,097,220
dividers, and straps. $44,196. $49,006. and $6,762,828.
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Estimated Costs of Concurrent Service Bulletin
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Number of U.S.-
Action Work hours Average labor Parts Cost per airplane registered Fleet cost
rate per hour airplanes
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Installation of new door latches, Between 24 and 31... $65 Between $7,000 and Between $8,560 and 105 Between $898,800
strikes, and thresholds. $70,000. $72,015. and $7,561,575.
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[[Page 53108]]
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD 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.
For the reasons discussed above, I certify that the 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. 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 proposed AD. 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, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Boeing: Docket No. FAA-2005-22321; Directorate Identifier 2005-NM-
123-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by October
24, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to certain Boeing Model 767-200 and -300
series airplanes, as identified in Boeing Special Attention Service
Bulletin 767-25-0336, Revision 2, dated August 11, 2005;
certificated in any category.
Unsafe Condition
(d) This AD results from test data indicating that outboard
overhead stowage bins are unable to withstand the 4.5g down-load
standard intended to protect passengers during flight turbulence or
a hard landing. We are issuing this AD to prevent the stowage bins
from opening during flight turbulence or a hard landing, which could
result in the contents of the stowage bins falling onto the
passenger seats below and injuring passengers, or blocking the
aisles, impeding the evacuation of passengers in an emergency.
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.
Replacement of Placards and Installation of Partial Divider Panels and
Life Raft Straps
(f) Within 60 months after the effective date of this AD:
Replace the placards on certain stowage bins with new placards,
install partial dividers in certain other stowage bins, and install
straps on stowage bins containing life rafts, in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 767-25-0336, Revision 2, dated August 11, 2005.
Actions Required To Be Accomplished Prior to or Concurrently With
Paragraph (f) of This AD
(g) For Group 1 airplanes as identified in Boeing Special
Attention Service Bulletin 767-25-0336, Revision 2, dated August 11,
2005: Prior to or concurrently with the accomplishment of paragraph
(f) of this AD, replace the door latches, strikes, and thresholds on
the outboard overhead stowage compartments with new latches,
strikes, and thresholds. Do the replacement in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 767-25-0211,
Revision 1, dated July 14, 1994.
Actions Accomplished Previously
(h) Accomplishment of the stowage bin modifications required by
paragraph (f) of this AD before the effective date of this AD in
accordance with Boeing Special Attention Service Bulletin 767-25-
0336, dated May 15, 2003; or Revision 1, dated October 21, 2004; is
considered acceptable for compliance with the corresponding
modifications specified in this AD.
Parts Installation
(i) As of the effective date of this AD, no person may install
on any airplane a stowage bin having a part number identified in
Table 2 of Figure 1 of Boeing Special Attention Service Bulletin
767-25-0336, Revision 2, dated August 11, 2005, unless it has been
modified by performing the applicable actions in paragraph (f) of
this AD.
Alternative Methods of Compliance (AMOCs)
(j) The Manager, Seattle Aircraft Certification Office, FAA, has
the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
Issued in Renton, Washington, on August 24, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-17670 Filed 9-6-05; 8:45 am]
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