[Federal Register: December 12, 2005 (Volume 70, Number 237)]
[Proposed Rules]
[Page 73392-73393]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de05-19]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-21880; Directorate Identifier 2004-NM-216-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-300 and -300F Series
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Proposed rule; withdrawal.
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SUMMARY: The FAA withdraws a notice of proposed rulemaking (NPRM) that
proposed a new airworthiness directive (AD) for certain Boeing Model
767-300
[[Page 73393]]
and -300F series airplanes. The proposed AD would have required a one-
time operational test of the pilots' seat locks and the seat tracks to
ensure that the seats lock in position and the seat tracks are aligned
correctly; and re-alignment of the seat tracks, if necessary. Since the
proposed AD was issued, we have received new data that the affected
airplanes are included in the applicability of an existing AD that
addresses the unsafe condition. Accordingly, the proposed AD is
withdrawn.
ADDRESSES: 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 U.S.
Department of Transportation, 400 Seventh Street, SW., room PL-401,
Washington, DC. This docket number is FAA-2005-21880; the directorate
identifier for this docket is 2004-NM-216-AD.
FOR FURTHER INFORMATION CONTACT: Sue 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:
Discussion
We proposed to amend part 39 of the Federal Aviation Regulations
(14 CFR part 39) with a notice of proposed rulemaking (NPRM) for a new
AD for certain Boeing Model 767-300 and -300F series airplanes. That
NPRM was published in the Federal Register on July 21, 2005 (70 FR
42008). The NPRM would have required a one-time operational test of the
pilots' seat locks and the seat tracks to ensure that the seats lock in
position and the seat tracks are aligned correctly; and re-alignment of
the seat tracks, if necessary. The NPRM resulted from reports
indicating that a pilot's seat slid from the forward to the aft-most
position during acceleration and take-off. The proposed actions were
intended to prevent uncommanded movement of the pilots' seats during
acceleration and take-off of the airplane, and consequent reduced
controllability of the airplane.
Actions Since NPRM Was Issued
Since we issued the NPRM, we have determined that the affected
Boeing Model 767-300 and -300F series airplanes, variable numbers (V/
Ns) VK145, VL941, VN968, VW714, and VW715, are already included in the
applicability of existing AD 98-03-10, amendment 39-10302 (63 FR 5725,
February 4, 1998). We have further determined that, since the
identified unsafe condition is being adequately addressed on these five
affected airplanes by existing AD 98-03-10, it is unnecessary to
provide further rulemaking at this time.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request To Remove Certain Airplanes From the Applicability
Two commenters request that we remove certain airplanes from the
applicability of the NPRM. One commenter operates the affected airplane
having V/N VL914, which corresponds to line number (L/N) 637. (We infer
the commenter meant to reference V/N VL941.) A second commenter
operates affected airplanes having V/Ns VW714 and VW715, which
correspond to L/Ns 638 and 640, respectively. Both commenters state
that their affected airplanes are included in the applicability of AD
98-03-10, which is applicable to certain Model 737, 747, 757, and 767
airplanes, having certain line numbers; equipped with non-powered IPECO
pilots' seats. Of the affected Model 767 airplanes, AD 98-03-10 is
applicable to L/Ns 1 through 642 inclusive.
As discussed previously, we agree with the commenter's request.
FAA's Conclusions
Upon further consideration, we have determined that the five Model
767-300 and -300F series airplanes, which were added to the effectivity
of Boeing Special Attention Service Bulletin 767-25-0244, Revision 2,
dated September 2, 2004, are included in the applicability of an
existing AD that addresses the unsafe condition. Accordingly, the NPRM
is withdrawn.
Withdrawal of the NPRM does not preclude the FAA from issuing
another related action or commit the FAA to any course of action in the
future.
Regulatory Impact
Since this action only withdraws an NPRM, it is neither a proposed
nor a final rule and therefore is not covered under Executive Order
12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979).
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Withdrawal
Accordingly, we withdraw the NPRM, Docket No. FAA-2005-21880,
Directorate Identifier 2004-NM-216-AD, which was published in the
Federal Register on July 21, 2005 (70 FR 42008).
Issued in Renton, Washington, on December 6, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-23905 Filed 12-9-05; 8:45 am]
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