[Federal Register: April 7, 2005 (Volume 70, Number 66)]
[Rules and Regulations]
[Page 17590-17591]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap05-3]
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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;
Amendment 39-14040; AD 2005-07-16]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-400ER, 777-200, and
777-300 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 767-400ER, 777-200, and 777-300 series airplanes.
This AD requires replacing, with new parts, the existing tie-down
fitting studs that secure galleys, purser work stations, and closets to
the seat tracks. This AD is 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.
DATES: This AD becomes effective May 12, 2005.
The incorporation by reference of certain publications listed in
the AD is approved by the Director of the Federal Register as of May
12, 2005.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
Docket: The AD docket contains the proposed AD, comments, and any
final disposition. 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 U.S.
Department of Transportation, 400 Seventh Street, SW., room PL-401,
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: The FAA proposed to amend 14 CFR part 39
with an AD for certain Boeing Model 767-400ER, 777-200, and 777-300
series airplanes. That action, published in the Federal Register on
January 12, 2005 (70 FR 2064), proposed to require replacing, with new
parts, the existing tie-down fitting studs that secure galleys, purser
work stations, and closets to the seat tracks.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comment that has been
submitted on the proposed AD. The commenter supports the proposed AD.
Explanation of Change to Proposed AD
We have changed the number of airplanes in the Costs of Compliance
paragraph to reflect information received from the airplane
manufacturer.
Conclusion
We have carefully reviewed the available data, including the
comment that has been submitted, and determined that air safety and the
public interest require adopting the AD with the change described
previously. We have determined that this change will neither increase
the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
There are about 355 airplanes of the affected design in the
worldwide fleet, including about 124 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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Number of U.S.-
Airplane model Work hours Parts Cost per registered Fleet cost
airplane airplanes
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767-400ER...................................... 10................................ $6,221 $6,871 6 $41,226
777-200 and -300............................... 6-30 (depending on configuration). 1,464-19,761 1,854-21,711 118 218,772-2,561,898
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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
[[Page 17591]]
products identified in this rulemaking action.
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. 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 FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2005-07-16 Boeing: Amendment 39-14040. Docket No. FAA-2005-20026;
Directorate Identifier 2004-NM-150-AD.
Effective Date
(a) This AD becomes effective May 12, 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 identified 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 of the actions specified in 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, FAA, has
the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
Material Incorporated by Reference
(i) You must use Boeing Service Bulletin 767-25-0338, dated
October 9, 2003; or Boeing Service Bulletin 777-25-0217, dated July
17, 2003; as applicable; to perform the actions that are required by
this AD, unless the AD specifies otherwise. The Director of the
Federal Register approves the incorporation by reference of these
documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To
get copies of the service information, contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. To view
the AD docket, go to the Docket Management Facility, U.S. Department
of Transportation, 400 Seventh Street, SW., room PL-401, Nassif
Building, Washington, DC. To review copies of the service
information, go to 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 March 24, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-6684 Filed 4-6-05; 8:45 am]
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