[Federal Register: September 29, 2005 (Volume 70, Number 188)]
[Rules and Regulations]
[Page 56821-56823]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se05-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-21170; Directorate Identifier 2002-NM-124-AD;
Amendment 39-14298; AD 2005-20-05]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-200 and 767-300 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 767-200 and 767-300 series airplanes. This AD
requires performing a general visual inspection to determine the part
number of the I-beams of the center overhead stowage bin modules to
identify I-beams having 9.0g (gravitational acceleration) tie rods
attached and to determine the configuration of the center overhead
stowage bin modules. For certain center overhead stowage bin modules,
this AD requires installing support straps. This AD results from tests
conducted by the airplane manufacturer. We are issuing this AD to
prevent failure of the attachment of the 9.0g tie rods to the center
overhead stowage bin modules. This failure could result in collapse of
those stowage bin modules, and consequent injury to passengers and crew
and interference with their ability to evacuate the airplane in an
emergency.
DATES: Effective November 3, 2005.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 3,
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.
[[Page 56822]]
FOR FURTHER INFORMATION CONTACT: Susan Rosanske, 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) 917-6448; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
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 street address stated in the
ADDRESSES section.
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
767-200 and 767-300 series airplanes. That NPRM was published in the
Federal Register on May 10, 2005 (70 FR 24488). That NPRM proposed to
require performing a general visual inspection to determine the part
number of the I-beams of the center overhead stowage bin modules to
identify I-beams having 9.0g (gravitational acceleration) tie rods
attached and to determine the configuration of the center overhead
stowage bin modules. For certain center overhead stowage bin modules,
that NPRM also proposed to require installing support straps.
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.
Request To Revise Applicability
One commenter requests that we revise the applicability of the NPRM
to exclude airplanes that have been converted in accordance with a
supplemental type certificate (STC) to a freighter configuration
without the subject center overhead stowage bin modules. The commenter
recommends changing the applicability paragraph to read, ``This AD
applies to Boeing Model 767-200 and -300 series airplanes equipped with
center overhead stowage bin modules, certified in any category; as
identified in Boeing Special Attention Service Bulletin 767-25-0320,
dated April 11, 2002.'' The commenter states that this revision will
reduce the number of alternate method of compliance (AMOC) requests
submitted to the FAA, and, therefore, will reduce the use of FAA
resources.
We agree that airplanes without the subject center overhead stowage
bin modules should not be subject to the requirements of this AD,
because, without those subject stowage bin modules, those airplanes are
not subject to the unsafe condition addressed by this AD. Therefore, we
have revised the applicability of the final rule to exclude airplanes
that are not equipped with center overhead stowage bin modules.
Request To Delay Issuance of AD and To Reference Latest Service
Information
The other commenter, the manufacturer, requests that we delay
issuance of the rule until it releases Revision 1 to Boeing Special
Attention Service Bulletin 767-25-0320 (the original issue of this
service bulletin was referenced in the NPRM as the appropriate source
of service information for doing the proposed actions), which it
intends to do at an unspecified time in the future. The commenter
further states that the revision will clarify Figures 1 and 6 of the
service bulletin, but it will not impact the intent of the service
bulletin.
We do not agree to delay issuance of this AD. We do not consider
that delaying this action until after the release of the manufacturer's
planned service bulletin is warranted, since the currently referenced
service bulletin contains procedures that are sufficient for correcting
the unsafe condition addressed by this AD. Once the revised service
bulletin is released, operators may submit the revised instructions as
a proposed AMOC, in accordance with paragraph (i) of this AD. We have
not changed the final rule in this regard.
Clarification of Alternative Method of Compliance (AMOC) Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
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 with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
There are about 747 airplanes of the affected design in the
worldwide fleet. There are about 281 airplanes of U.S. registry. The
following table provides the estimated costs for U.S. operators to
comply with this AD. There are approximately 13 center overhead stowage
bin modules per airplane and one I-beam per module.
Estimated Costs
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Average labor Cost per
Action Work hours rate per hour Parts airplane Fleet cost
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Inspection to determine P/N 1, per I-beam.. $65 None........... $65, per I-beam $237,445
and configuration.
Strap installation........... 12, per I-beam. $65 $816, per I- $1,596, per I- $5,830,188
beam. beam.
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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.
[[Page 56823]]
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
0
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):
2005-20-05 Boeing: Amendment 39-14298. Docket No. FAA-2005-21170;
Directorate Identifier 2002-NM-124-AD.
Effective Date
(a) This AD becomes effective October 31, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 767-200 and 767-300 series
airplanes equipped with center overhead stowage bin modules,
certificated in any category; as identified in Boeing Special
Attention Service Bulletin 767-25-0320, dated April 11, 2002.
Unsafe Condition
(d) This AD results from tests conducted by the airplane
manufacturer. We are issuing this AD to prevent failure of the
attachment of the 9.0g (gravitational acceleration) tie rods to the
center overhead stowage bin modules. This failure could result in
collapse of those stowage bin modules, and consequent injury to
passengers and crew and interference with their ability to evacuate
the airplane 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.
Inspection to Determine I-beam Part Number (P/N)
(f) Within 36 months after the effective date of this AD:
Perform a general visual inspection of the center overhead stowage
bin modules to determine the P/N of each I-beam and to determine the
configuration of each center overhead stowage bin module. Do the
inspection in accordance with the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 767-25-0320, dated April
11, 2002.
Note 1: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''
(g) For any I-beam found having P/N 412T2040-29 during the
inspection required by paragraph (f) of this AD: No further action
is required by this AD for that I-beam only.
Support Strap Installation
(h) For any I-beam found having a P/N other than P/N 412T2040-29
during the inspection required by paragraph (f) of this AD: Before
further flight, do the actions in paragraph (h)(1) or (h)(2) of this
AD, as applicable, in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 767-25-
0320, dated April 11, 2002.
(1) If the forward-most stowage bin module was inspected: Before
further flight, install support straps having P/N 412T2043-101 and
412T2043-102 on the center overhead stowage bin module, in
accordance with Figures 3, 4, and 5 of the Accomplishment
Instructions of the service bulletin.
(2) If the stowage bin module inspected was other than the
forward-most stowage bin module: Before further flight, do the
actions specified in paragraph (h)(2)(i) or (h)(2)(ii) of this AD,
as applicable.
(i) For center overhead stowage bin modules having
``Configuration A,'' as specified in the service bulletin: Before
further flight, do the actions specified in paragraph (h)(1) of this
AD.
(ii) For center overhead stowage bin modules having a
configuration other than ``Configuration A,'' as specified in the
service bulletin: Before further flight, install two support straps
having P/N 412T2043-119 on the center overhead stowage bin module,
in accordance with Figures 3, 4, and 6 of the Accomplishment
Instructions of the service bulletin.
Alternative Methods of Compliance (AMOCs)
(i)(1) 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.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Material Incorporated by Reference
(j) You must use Boeing Special Attention Service Bulletin 767-
25-0320, dated April 11, 2002, 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
this document 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 September 12, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-19227 Filed 9-28-05; 8:45 am]
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