[Federal Register Volume 64, Number 27 (Wednesday, February 10, 1999)]
[Proposed Rules]
[Pages 6577-6578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3180]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-338-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757-200PF Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all Boeing Model 757-200PF series 
airplanes. This proposal would require revising the Airplane Weight & 
Balance (W&B) Manual to prohibit operation of any airplane without side 
vertical restraints installed on the main cargo deck when carrying a 
particular pallet. This proposal also would provide for optional 
terminating action for the Airplane W&B Manual revision. This proposal 
is prompted by reports indicating that some airplanes have been 
operated without side vertical restraints installed on the main cargo 
deck when carrying certain pallets. The actions specified by the 
proposed AD are intended to prevent inadvertent movement of a cargo 
pallet during flight, which could result in an adverse center of 
gravity condition and consequent reduced controllability of the 
airplane.

DATES: Comments must be received by March 29, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-338-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Patrick Safarian, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Transport Airplane Directorate, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 227-2775; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice

[[Page 6578]]

must submit a self-addressed, stamped postcard on which the following 
statement is made: ``Comments to Docket Number 98-NM-338-AD.'' The 
postcard will be date stamped and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 98-NM-338-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received numerous reports indicating that some Boeing 
Model 757-200PF series airplanes have been operated without side 
vertical restraints installed on the main cargo deck when carrying the 
National Aerospace Standard (NAS) 3610 Type II cargo pallets. These 
airplanes are certified to carry Type I cargo pallets and therefore do 
not have side vertical restraints installed. Currently, the Airplane 
Weight & Balance Manual allows operators of the affected airplanes to 
operate with Type II cargo pallets. The use of these pallets without 
restraints could allow the cargo to shift and come loose under certain 
flight conditions. This condition, if not corrected, could result in 
inadvertent movement of a cargo pallet during flight, which could 
result in an adverse center of gravity condition and consequent reduced 
controllability of the airplane.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require revising the Limitations Section of the 
Airplane Weight & Balance (W&B) Manual to prohibit operation of any 
757-200PF series airplane without side vertical restraints installed on 
the main cargo deck when carrying Type II cargo pallets.

Cost Impact

    There are approximately 100 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 90 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
1 work hour per airplane to accomplish the proposed Airplane W&B Manual 
revision, and that the average labor rate is $60 per work hour. Based 
on these figures, the cost impact of the proposed AD on U.S. operators 
is estimated to be $5,400, or $60 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

Boeing: Docket 98-NM-338-AD.

    Applicability: All Model 757-200PF series airplanes, 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent inadvertent movement of a cargo pallet during flight, 
which could result in an adverse center of gravity condition and 
consequent reduced controllability of the airplane, accomplish the 
following:
    (a) Within 30 days after the effective date of this AD: Revise 
the Limitations Section of the FAA-approved Airplane Weight & 
Balance (W&B) Manual to include the following statement. This action 
may be accomplished by inserting a copy of this AD into the W&B 
Manual.
    ``Operation of any airplane without side vertical restraints 
installed on the main cargo deck when carrying any Type II cargo 
pallet is prohibited.''
    (b) Installation of side vertical restraints in accordance with 
a method approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate, constitutes 
terminating action for the requirements of paragraph (a) of this AD.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle ACO. Operators shall submit 
their requests through an appropriate FAA Principal Operations 
Inspector, who may add comments and then send it to the Manager, 
Seattle ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Issued in Renton, Washington, on February 3, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-3180 Filed 2-9-99; 8:45 am]
BILLING CODE 4910-13-U