[Federal Register: January 12, 2005 (Volume 70, Number 8)]
[Proposed Rules]
[Page 2064-2066]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja05-20]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20026; Directorate Identifier 2004-NM-150-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-400ER, 777-200, and
777-300 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), 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 767-400ER, 777-200, and 777-300 series
airplanes. This proposed AD would require replacing, with new parts,
the existing tie-down fitting studs that secure galleys, purser work
stations, and closets to the seat tracks. This proposed AD is prompted
by a report that tie-down fitting studs were found damaged. We are
proposing this AD to prevent a galley, purser work station, or closet
from detaching from the tie-down fitting studs during an emergency
landing, which could injure passengers or crewmembers, or obstruct
escape routes and impede emergency evacuation.
DATES: We must receive comments on this proposed AD by February 28,
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.
[[Page 2065]]
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 in person 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-2005-20026; the directorate identifier for this docket is
2004-NM-150-AD.
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
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-20026;
Directorate Identifier 2004-NM-150-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 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 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 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 tie-down fitting studs,
which secure galleys, purser work stations, and closets to the seat
tracks, have been found cracked or deformed on a Boeing 777-200 series
airplane during production. Investigation revealed that the original
torque values were too high, which damaged the fitting studs during
installation. This condition, if not corrected, could result in a
galley, purser work station, or closet detaching from the tie-down
fitting studs during an emergency landing, which could injure
passengers or crewmembers, or obstruct escape routes and impede
emergency evacuation.
The subject tie-down fitting studs were also installed on Boeing
Model 767-400ER and 777-300 series airplanes using the same original
torque values used on Model 777-200 series airplanes. Therefore, all of
these models may be subject to the same unsafe condition.
Relevant Service Information
We have reviewed Boeing Service Bulletins 767-25-0338, dated
October 9, 2003; and 777-25-0217, dated July 17, 2003. Those service
bulletins describe procedures for replacing, with new parts, the
existing tie-down fitting studs that secure galleys, purser work
stations, and floor-mounted closets to the seat tracks. 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. Therefore, we are proposing this AD, which
would require accomplishing the actions specified in the service
information described previously, except as discussed under
``Differences Between the Proposed AD and Service Information.''
Differences Between the Proposed AD and Service Information
The compliance time for the actions that would be required by the
proposed AD differs from the compliance times recommended in the
service information. Boeing Service Bulletin 767-25-0338 recommends
doing the actions ``at the next maintenance period when manpower and
facilities are available.'' Boeing Service Bulletin 777-25-0217
recommends doing the actions at the ``next convenient maintenance
opportunity, not to exceed 7 years from the initial release'' of the
service bulletin. In developing an appropriate compliance time for this
AD, we considered the manufacturer's recommendation, the degree of
urgency associated with the subject unsafe condition, and the time
necessary to perform the proposed actions. In light of all of these
factors, we find that a 60-month compliance time represents an
appropriate interval of time for affected airplanes to continue to
operate without compromising safety. We have coordinated this
difference with Boeing, and they concur with our proposed compliance
time.
Costs of Compliance
There are about 349 airplanes of the affected design in the
worldwide fleet, including about 118 U.S.-registered airplanes. The
following table provides the estimated costs for U.S. operators to
comply with this proposed AD, at an average labor rate of $65 per hour.
Estimated Costs
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Work hours
(for U.S.- Cost per No. of U.S.-
Airplane model registered Parts airplane registered Fleet cost
airplanes) airplanes
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767-400ER.......................................................... 10 $6,221 $6,871 6 $41,226
777-200 and -300................................................... \1\ 6-30 1,464-19,761 1,854-21,711 118 218,772-2,561,898
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\1\ Depending on configuration.
[[Page 2066]]
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-2005-20026; Directorate Identifier 2004-NM-
150-AD.
Comments Due Date
(a) The Federal Aviation Administration (FAA) must receive
comments on this AD action by February 28, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 767-400ER series airplanes,
certificated in any category, having Variable Numbers VQ071 through
VQ076 inclusive; and Model 777-200 and -300 series airplanes,
certificated in any category, as listed in Boeing Service Bulletin
777-25-0217, dated July 17, 2003.
Unsafe Condition
(d) This AD was prompted by a report that tie-down fitting studs
were found damaged. We are issuing this AD to prevent a galley,
purser work station, or closet from detaching from the tie-down
fitting studs during an emergency landing, which could injure
passengers or crewmembers, or obstruct escape routes and impede
emergency evacuation.
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 60 months after the effective date of this AD:
Replace, with new parts, the existing tie-down fitting studs that
secure galleys, purser work stations, and floor-mounted closets to
the seat tracks, by doing all actions in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 767-25-0338,
dated October 9, 2003 (for Boeing Model 767-400ER series airplanes);
or Boeing Service Bulletin 777-25-0217, dated July 17, 2003 (for
Boeing Model 777-200 and -300 series airplanes); as applicable.
Replacements Accomplished According to Previous Issue of Service
Bulletin
(g) For Boeing Model 777-200 and -300 series airplanes:
Replacements accomplished before the effective date of this AD
according to Boeing Service Bulletin 777-25-0217, dated July 18,
2002, are considered acceptable for compliance with the
corresponding action specified in this AD.
Alternative Methods of Compliance (AMOCs)
(h) 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 December 30, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-614 Filed 1-11-05; 8:45 am]
BILLING CODE 4910-13-P