[Federal Register: November 21, 2008 (Volume 73, Number 226)]
[Proposed Rules]
[Page 70608-70610]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no08-18]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-27223; Directorate Identifier 2006-NM-224-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain Boeing Model 767 airplanes. The original NPRM would
have required modifying the link arms of the number 2 windows in the
flight compartment. The original NPRM resulted from reports of the
number 2 windows opening during takeoff roll, which has resulted in
aborted takeoffs. This supplemental NPRM would require an inspection of
the number 2 windows to determine whether the link arms are in the
over-center position. The results of the inspection would determine the
need for the modification. This supplemental NPRM would also require
the inspection and applicable corrective action following any rigging
change or replacement of any number 2 window assembly. We are proposing
this supplemental NPRM to prevent the opening of the number 2 windows
during takeoff roll, which could result in an aborted takeoff or an
unscheduled landing, and adversely affect the flightcrew's ability to
perform critical takeoff communication.
DATES: We must receive comments on this supplemental NPRM by December
16, 2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone 800-647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Emerson Hevia, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 917-6414; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
27223; Directorate Identifier 2006-NM-224-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
[[Page 70609]]
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We issued a notice of proposed rulemaking (NPRM) (the ``original
NPRM'') to amend 14 CFR part 39 to include an airworthiness directive
(AD) that would apply to certain Boeing Model 767 airplanes. That
original NPRM was published in the Federal Register on February 14,
2007 (72 FR 6980). That original NPRM proposed to require modifying the
link arms of the number 2 windows in the flight compartment.
Actions Since Original NPRM Was Issued
Since we issued the original NPRM, the referenced service bulletin
(Boeing Alert Service Bulletin 767-56A0010, dated September 7, 2006)
was determined to inadequately address the need for the link arm to be
positioned at an angle less than 90 degrees (over-center), in reference
to the track roller, when the window is closed. Boeing has since
revised the service bulletin. Revision 1, dated January 24, 2008, adds
instructions to inspect the link arm on the number 2 openable window to
determine if an over-center position exists when the window is fully
closed. This inspection will determine the need for the modification
described in the original service bulletin (and described previously in
the original NPRM). The modification, if done, will ensure that the
window cannot open without input from the operating crank as designed.
Accomplishment of the actions specified in this service bulletin will
reduce the risk of a high-speed rejected takeoff if the window opens at
takeoff. Aside from other minor changes, the remaining procedures in
the service bulletin are unchanged.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request To Withdraw NPRM
Florida West International Airways feels that proposed modification
is not necessary. According to the commenter, the windows can be
prevented from opening during takeoff roll if the crew follows the
normal Before Start checklist in the FAA-approved operations manual.
The checklist directs the crew to physically check that the windows are
closed. Florida West reports that its crews observe this requirement
and have not experienced this problem even when the windows are opened
on the ground during aircraft maintenance. Florida West suggests that
some operational experience with the new modified window--before the
modification is mandated on the rest of the fleet--will ensure that the
solution addresses the unsafe condition, and avoid further regulatory
action.
We infer that the commenter is requesting that we withdraw the
NPRM. We disagree. Even though proper closure of the window has been
added to the preflight checklist, we have continued to receive problem
reports. We find that the modification, as proposed, will better ensure
long-term continued operational safety by design changes to remove the
source of the problem, rather than by relying on flight procedures and
their inherent associated human factors (variations in flightcrew
training and familiarity with the airplane, flightcrew awareness in the
presence of other hazards, flightcrew fatigue, etc.). So in this case
reliance on the checklist would not provide the degree of safety
assurance necessary for the transport airplane fleet. The requirements,
as proposed, are consistent with these conditions. We have not changed
the AD regarding this issue.
Request To Provide Different Approach To Address Unsafe Condition
Air Transport Association (ATA), on behalf of its member Delta Air
Lines, suggests two ideas that could positively improve the level of
safety:
1. An electrical annunciation means of an improperly latched and/or
locked window.
2. Increased awareness of proper operating procedures plus a visual
means to verify that the upper aft cam follower has reached full
forward travel into the cam block before the window is locked. Delta
suggests that this could be accomplished by adding match lines visible
through the cam block cover or making a clear cover over the cam block.
Delta explains that, if the cam follower has reached full travel
into the cam block, the window is properly closed and can then be
properly locked. Delta adds that the modification proposed in the NPRM
would not increase the level of safety because the window is not
properly in the hole until the upper aft cam has reached full travel in
the cam block. Delta further adds that the position of the window must
be verified prior to dispatch, but the modification procedures do not
include this verification.
We disagree with Delta's proposals, which would not enhance safety
beyond the level provided by the proposed design modification specified
in the NPRM, which prevents the window from opening when the crank is
rotated to the closed position. An electronic indication system through
the Engine Indicating and Crew Alerting System (EICAS) was evaluated
and was determined to not be cost effective. Operational procedures
should also be in place to verify that the window is closed for taxi/
takeoff. As previously discussed, even though verification has been
added to the preflight checklist, we have continued to receive problem
reports. Additional indicators or procedures would not improve safety
if the modification did not prevent the window from opening. If an
indicator were installed to verify that the window was closed, but the
window opened inadvertently during takeoff, then the level of safety is
not improved. Accomplishment of the modification as proposed will
ensure that the window cannot open during takeoff, and will adequately
address the unsafe condition. We have not changed the supplemental NPRM
regarding this issue.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
We are proposing this supplemental NPRM because we evaluated all
pertinent information and determined an unsafe condition exists and is
likely to exist or develop on other products of the same type design.
The additional proposed actions described above expand the scope of the
original NPRM. As a result, we have determined that it is necessary to
reopen the comment period to provide additional opportunity for the
public to comment on this supplemental NPRM.
Costs of Compliance
There are about 896 airplanes of the affected design in the
worldwide fleet; of these, 384 are U.S.-registered airplanes. The
following table provides the estimated costs for U.S. operators to
comply with this proposed AD.
[[Page 70610]]
Estimated Costs
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Average labor Cost per
Action Work hours rate per hour airplane Fleet cost
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Inspection.................... 1 $80 $80 Up to $30,720.
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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.
Regulatory Findings
We 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 this 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.
You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, 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 AD:
BOEING: Docket No. FAA-2007-27223; Directorate Identifier 2006-NM-
224-AD.
Comments Due Date
(a) We must receive comments by December 16, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model 767-200, -300, -300F, and -400ER
series airplanes, certificated in any category, as identified in
Boeing Alert Service Bulletin 767-56A0010, Revision 1, dated January
24, 2008.
Unsafe Condition
(d) This AD results from reports of the number 2 windows in the
flight compartment opening during takeoff roll, which has resulted
in aborted takeoffs. We are issuing this AD to prevent the opening
of the number 2 windows during takeoff roll, which could result in
an aborted takeoff or an unscheduled landing, and adversely affect
the flightcrew's ability to perform critical takeoff communication.
Compliance
(e) Comply with this AD within the compliance times specified,
unless already done.
Inspection
(f) Do a general visual inspection of the number 2 windows to
determine whether the link arms are in the over-center position, and
do all applicable corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
56A0010, Revision 1, dated January 24, 2008. Do the actions at the
applicable times specified in paragraph 1.E. of the service
bulletin, including applicable corrective actions before further
flight following any rigging change or replacement of any number 2
window assembly.
Alternative Methods of Compliance (AMOCs)
(g)(1) The Manager, Seattle Aircraft Certification Office, FAA,
ATTN: Emerson Hevia, Aerospace Engineer, Cabin Safety and
Environmental Systems Branch, ANM-150S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone (425) 917-6414; fax (425) 917-6590; has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Issued in Renton, Washington on November 6, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8-27519 Filed 11-20-08; 8:45 am]
BILLING CODE 4910-13-P