[Federal Register: February 15, 2005 (Volume 70, Number 30)]
[Proposed Rules]
[Page 7691-7693]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15fe05-22]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20357; Directorate Identifier 2004-NM-120-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767 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 series airplanes. This proposed AD would
require replacing hinge assemblies with new hinge assemblies in the
outboard overhead stowage bins and reworking hinge assemblies in the
outboard overhead stowage bins that are adjacent to curtain tracks.
This proposed AD is prompted by reports of hinge assemblies of outboard
overhead stowage bins breaking or the stowage bin doors not latching
properly. We are proposing this AD to prevent the outboard overhead
stowage bins opening during flight and releasing baggage, and
consequently cause passenger injury and blockage of the aisles during
emergency egress.
DATES: We must receive comments on this proposed AD by April 1, 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.
By 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.
For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
You can examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., room PL-401, on
the plaza level of the Nassif Building, Washington, DC. This docket
number is FAA-2005-20357; the directorate identifier for this docket is
2004-NM-120-AD.
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:
Comments Invited
We invite you to submit any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-20357;
Directorate Identifier 2004-NM-120-AD'' in the subject line 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 submitted 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 Web site, 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 can review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit http://dms.dot.gov.
Examining the Docket
You can examine the AD docket on the Internet at http://dms.dot.gov
, or in
[[Page 7692]]
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 DMS receives them.
Discussion
We have received a report indicating that operators have
experienced instances of hinge assemblies breaking on outboard overhead
stowage bins on Boeing Model 767 series airplanes. It has been
determined that the hinge assemblies do not meet strength standards and
could break or latch improperly. This condition, if not corrected,
could result in the outboard overhead stowage bins opening during
flight and releasing baggage, and consequently cause passenger injury
and blockage of the aisles during emergency egress.
Relevant Service Information
We have reviewed Boeing Special Attention Service Bulletin 767-25-
0078, Revision 4, dated June 10, 2004. The service bulletin describes
procedures for replacing the hinge assemblies in the outboard overhead
stowage bins with new, stiffer four-bar linkage hinge assemblies. The
service bulletin also describes procedures for reworking hinge
assemblies in the outboard overhead stowage bins that are adjacent to
curtain tracks. This service bulletin supersedes Boeing Service
Bulletin 767-25-47. Accomplishing the actions specified in the service
information is intended to adequately address the unsafe condition,
except as described in ``Differences Between the Proposed AD and the
Service Bulletin.''
Differences Between the Proposed AD and the Service Bulletin
Although the service bulletin recommends accomplishing the hinge
assembly replacements ``as soon as manpower and facilities are
available,'' the manufacturer has recommended a compliance time of 72
months.
Although the service bulletin specifies that operators may contact
the manufacturer for disposition of certain repair conditions, this
proposed AD would require operators to repair those conditions
according to a method approved by the FAA.
These differences have been coordinated with the manufacturer.
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. Therefore, we are proposing this AD, which
would require replacing hinge assemblies having part number 413T1017-()
with new hinge assemblies having part number 413T1002-() in the
outboard overhead stowage bins. The proposed AD would require you to
use the service information described previously to perform these
actions.
Costs of Compliance
There are about 172 airplanes of the affected design in the
worldwide fleet. This proposed AD would affect about 75 airplanes of
U.S. registry. The proposed actions would take about 20 work hours (.33
work hours per stowage bins; there are about 60 bins on an airplane)
per airplane, at an average labor rate of $65 per work hour. Required
parts would cost about $154,560 per airplane ($2,576 per bin). Based on
these figures, the estimated cost of the proposed AD for U.S. operators
is $11,689,500, or $155,860 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the actions required by this
AD, and that no operator would accomplish those actions in the future
if this AD were not adopted. However, we have been advised that the
terminating modification has already been installed on some affected
overhead stowage bins on some airplanes. Therefore, the future economic
cost impact of this rule on U.S. operators is expected to be less than
the cost impact figure indicated above.
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 FAA amends Sec. 39.13 by adding the following new
airworthiness directive (AD):
Boeing: Docket No. FAA-2005-20357; Directorate Identifier 2004-NM-
120-AD.
Comments Due Date
(a) The Federal Aviation Administration (FAA) must receive
comments on this AD action by April 1, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 767-200 and -300 series
airplanes, certificated in any category; as listed in Boeing Special
Attention Service Bulletin 767-25-0078, Revision 4, June 10, 2004.
[[Page 7693]]
Unsafe Condition
(d) This AD was prompted by reports of hinge assemblies of
outboard overhead stowage bins breaking or the stowage bin doors not
latching properly. We are issuing this AD to prevent the outboard
overhead stowage bins opening during flight and releasing baggage,
and consequently cause passenger injury and blockage of the aisles
during emergency egress.
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
(f) Within 72 months after the effective date of this AD, do
paragraphs (f)(1) and (f)(2) of this AD.
(1) Replace both hinge assemblies in the outboard overhead
stowage bins with new hinge assemblies, in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 767-25-0078, Revision 4, dated June 10, 2004. If, during
the replacement, any hinge does not close within the limits
specified in the service bulletin, before further flight, repair the
hinge according to a method approved by the Manager, Seattle
Aircraft Certification Office (ACO), FAA. For a repair method to be
approved by the Manager, Seattle ACO, as required by this paragraph,
the Manager's approval letter must specifically refer to this AD.
(2) Rework hinges that are in stowage bins located adjacent to a
curtain track in accordance with the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 767-25-0078, Revision 4,
dated June 10, 2004.
Previously Accomplished Actions
(g) Replacement of the hinge assemblies with new hinge
assemblies accomplished before the effective date of this AD in
accordance with a Boeing service bulletin listed in Table 1 of this
AD is acceptable for compliance with the requirements of paragraph
(f) of this AD, except as specified in paragraph (h) of this AD.
Table 1.--Acceptable Boeing Service Bulletins
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Boeing-- Revision level Dated
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Service Bulletin 767-25-0078 Original............ June 25, 1987.
Service Bulletin 767-25-0078 1................... May 19, 1988.
Service Bulletin 767-25-0078 2................... March 16, 1989.
(see paragraph (h) of this
AD).
Special Attention Service 3................... July 12, 2001.
Bulletin 767-25-0078.
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(h) Boeing Special Attention Service Bulletin 767-25-0078,
Revision 2, dated March 16, 1989, allows for replacement of the
hinge assemblies on an attrition basis (replacing the existing hinge
assembly when it is broken or worn beyond functionality with a new
hinge assembly). For this reason, airplanes that have been modified
in accordance with Boeing Special Attention Service Bulletin 767-25-
0078, Revision 2, dated March 16, 1989, may still have some hinge
assemblies that have not been replaced or reworked per the service
bulletin. In such cases, this AD requires that all applicable hinge
assemblies be replaced and reworked within the compliance time
specified in paragraph (f).
Parts Installation
(i) As of the effective date of this AD, no one may install a
hinge assembly in the outboard overhead stowage bins, having part
number 413T1017-() on any airplane to which this AD applies.
Alternative Methods of Compliance (AMOCs)
(j) 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.
Issued in Renton, Washington, on February 6, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-2833 Filed 2-14-05; 8:45 am]
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