[Federal Register Volume 65, Number 25 (Monday, February 7, 2000)]
[Rules and Regulations]
[Pages 5746-5749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2411]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-41-AD; Amendment 39-11555; AD 2000-02-37]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747 Series Airplanes

AGENCY:  Federal Aviation Administration, DOT.

ACTION:  Final rule.

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SUMMARY:  This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 747 series airplanes, that requires 
a one-time inspection to determine whether latch pins on the lower lobe 
and main deck side cargo doors are installed backward, and corrective 
actions, if necessary. This amendment also requires eventual 
modification of the latch pin fittings on certain cargo doors. This 
amendment is prompted by reports that latch pins have been found 
installed backward on the cargo doors of several airplanes. The actions 
specified by this AD are intended to prevent improper latching of latch 
pins and the mating latch cam on the cargo door, which could result in 
damage to the structure of the cargo door and doorway cutout and 
consequent opening of the cargo door during flight.

DATES:  Effective March 13, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 13, 2000.

ADDRESSES:  The service information referenced in this AD may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the

[[Page 5747]]

Federal Aviation Administration (FAA), Transport Airplane Directorate, 
Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:  Julie Alger, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Transport Airplane Directorate, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 227-2779; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION:  A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Boeing Model 747 series 
airplanes was published in the Federal Register on May 5, 1999 (64 FR 
24092). That action proposed to require a one-time inspection to 
determine whether latch pins on the lower lobe and main deck side cargo 
doors are installed backward, and corrective actions, if necessary. For 
certain airplanes, that action also proposed to require eventual 
modification of the latch pin fittings on certain cargo doors.

Explanation of Change Made to the Final Rule

    The FAA has revised the applicability statement of the final rule 
to reference ``line numbers'' instead of ``line positions.'' The 
airplane manufacturer has informed the FAA that ``line numbers'' is the 
proper reference, although some Boeing service bulletins still refer to 
``line positions.''

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the Proposal

    One commenter supports the proposed rule, and two commenters state 
no objection to the proposed rule. An additional commenter supports the 
proposed modification.

Requests To Revise Applicability

    One commenter requests that the applicability of the AD be revised 
to remove the airplane having line number 1079. The commenter points 
out that that airplane was modified in production and was removed from 
the effectivity of Boeing Alert Service Bulletin 747-52A2258, dated 
June 1, 1995, by Notice of Status Change 747-52A2258 NSC 03, dated 
December 14, 1995. The FAA concurs and has revised the applicability of 
the final rule accordingly.
    In addition, one commenter requests that the one-time inspection of 
the latch pins of the main deck side cargo door be made applicable only 
to airplanes having line numbers 1 through 307 inclusive. The commenter 
states that the latch pins on airplanes having line numbers 308 and 
subsequent were modified in production with a bracket that prevents the 
latch pins from being installed backward. The FAA concurs with the 
commenter's request and has revised paragraph (a) of the final rule 
accordingly. [Also, as a result of the revision of paragraph (a) of 
this final rule, a new paragraph (b) has been added to incorporate the 
corrective actions specified in paragraphs (a)(1) and (a)(2) of the 
proposal, and all other paragraphs have been renumbered accordingly.]

Request for Credit for Previously Accomplished Actions

    One commenter requests that a statement be added to the proposed 
rule to clarify that no further action is required for airplanes 
inspected in accordance with the proposed rule prior to the effective 
date of this AD. The FAA agrees that no further inspection is required 
for these airplanes. Operators are always given credit for previously 
accomplished actions by means of the phrase in the compliance section 
of the AD that states, ``Required * * * unless accomplished 
previously.'' Therefore, no change to the final rule is necessary in 
this regard.

Request for Extension of the Compliance Time

    One commenter requests that the compliance time for the 
modification required by paragraph (b) of the proposed rule [paragraph 
(c) of the final rule] be extended from two years after the effective 
date of this AD to six years or at the next removal of the latch pins. 
The commenter states that the immediate safety concern is addressed 
once the one-time inspection specified in paragraph (a) of the proposed 
rule is accomplished, and that the modification does not need to be 
accomplished until the next time the latch pins are removed.
    The FAA does not concur with the commenter's request to extend the 
compliance time for the modification. In developing an appropriate 
compliance time for this action, the FAA considered the safety 
implications, parts availability, and normal maintenance schedules for 
timely accomplishment of the modification. In consideration of these 
items, as well as the possibility that a latch pin may be misinstalled 
during maintenance until the modification is accomplished, the FAA has 
determined that two years represents an appropriate interval of time 
allowable wherein an acceptable level of safety can be maintained. No 
change to the final rule is necessary in this regard.

Request To Revise Structural Inspection Requirements

    One commenter requests that the proposed rule be revised to allow a 
Boeing Company Designated Engineering Representative to approve 
procedures for the structural inspection specified in paragraph (a)(2) 
of the proposed rule [paragraph (b)(2) of the final rule]. The 
commenter states that, in the event that a latch pin is installed 
backward, an airplane would be grounded until inspection methods are 
approved and accomplished, because no structural inspection methods are 
currently approved by the Manager of the FAA's Seattle Aircraft 
Certification Office [as specified in paragraph (a)(2) of the proposed 
rule].
    The FAA does not concur with the commenter's request. To date, the 
airplane manufacturer has not provided the FAA with structural 
inspection criteria. The extent of the area that must be inspected for 
damage is not defined because the extent of the inspection depends on 
the number and location of latch pins found to be installed backward. 
Procedures for the structural inspections are also not defined, and 
there are no published standards that can be used as a basis for a 
compliance finding. The FAA is not authorized to delegate a function 
for which there is no established standards [i.e., in accordance with 
Part 25 (``Airworthiness Standards: Transport Category Airplanes'') of 
the Federal Aviation Regulations (14 CFR part 25)]. No change to the 
final rule is necessary in this regard.

Request To Revise Service Information

    One commenter requests that Boeing Alert Service Bulletin 747-
52A2258 be revised to include the structural inspection methods 
specified in paragraph (a)(2) of the proposed rule [paragraph (b)(2) of 
the final rule]. The commenter states that this would reduce the number 
of requests for approvals of alternative methods of compliance that the 
FAA would have to review.
    The FAA does not concur. As stated previously, the airplane 
manufacturer has not provided structural inspection procedures for 
inclusion in the final rule. The FAA has determined that further delay 
in issuance of this AD

[[Page 5748]]

while the airplane manufacturer revises Boeing Alert Service Bulletin 
747-52A2258 would not provide an acceptable level of safety. However, 
the airplane manufacturer may request approval of an alternative method 
of compliance for structural inspection procedures on behalf of all 
affected operators, thereby limiting the number of requests for 
approval of alternative methods of compliance from individual 
operators. No change to the final rule is necessary in this regard.

Request To Add One-Time Inspection of Interchanged Latch Pins

    One commenter, the airplane manufacturer, recommends that the 
proposed rule be revised to require accomplishment of Boeing Service 
Bulletin 747-52-2142, dated May 6, 1977. That service bulletin 
recommends a one-time inspection to detect interchanged latch pins 
between the lower lobe cargo doors and the main deck side cargo door, 
and installation of a pin stop bracket. The commenter provides no 
technical justification for its request.
    The FAA does not concur with the commenter's request. To require 
this modification would necessitate issuance of a supplemental notice 
of proposed rulemaking and reopening of the comment period. The FAA 
finds that to further delay the issuance of this rule in this way would 
be inappropriate. Furthermore, though two interchanged latch pins were 
found during production, the FAA has not received any reports that 
operators have found such interchanged latch pins. Therefore, the FAA 
finds that mandatory action is not necessary. No change to the final 
rule is necessary in this regard.

Explanation of Change Made to Proposal

    The FAA has clarified the inspection requirement contained in the 
proposed AD. Whereas the proposal specified a visual inspection, the 
FAA has revised this final rule to clarify that its intent is to 
require a general visual inspection. Additionally, a note has been 
added to the final rule to define that inspection.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 990 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 235 airplanes of U.S. registry 
will be affected by this AD.
    It will take approximately 2 work hours per airplane to accomplish 
the required inspection, at the average labor rate of $60 per work 
hour. Based on these figures, the cost impact of the AD on U.S. 
operators is estimated to be $28,200, or $120 per airplane.
    It will take approximately 3 work hours per airplane to accomplish 
the required modification, at the average labor rate of $60 per work 
hour. Required parts will cost approximately $2,045 per airplane. Based 
on these figures, the cost impact of the AD on U.S. operators is 
estimated to be $522,875, or $2,225 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the 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 adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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:

2000-02-37  Boeing: Amendment 39-11555. Docket 99-NM-41-AD.

    Applicability: Model 747 series airplanes, line numbers 1 
through 1078 inclusive, 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 (d) 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 improper latching of latch pins and the mating latch 
cam on the cargo door, which could result in damage to the structure 
of the cargo door and doorway cutout and consequent opening of the 
cargo door during flight, accomplish the following:

One-Time Inspection

    (a) Within 30 days after the effective date of this AD, 
accomplish the requirements of paragraph (a)(1) or (a)(2) of this 
AD, as applicable, in accordance with Boeing Alert Service Bulletin 
747-52A2258, dated June 1, 1995; as revised by Notices of Status 
Change 747-52A2258 NSC 1, dated July 20, 1995; 747-52A2258 NSC 2, 
dated August 31, 1995; and 747-52A2258 NSC 03, dated December 14, 
1995.
    (1) For airplanes having line numbers 1 through 307 inclusive: 
Perform a one-time general visual inspection to determine whether 
latch pins on the forward and aft lower lobe cargo doors and the 
main deck side cargo door are installed backward.
    (2) For airplanes having line numbers 308 through 1078 
inclusive: Perform a one-time general visual inspection to determine 
whether latch pins on the forward and aft lower lobe cargo doors are 
installed backward.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect

[[Page 5749]]

obvious damage, failure, or irregularity. This level of inspection 
is made under normally available lighting conditions such as 
daylight, hangar lighting, flashlight, or drop-light, and may 
require removal or opening of access panels or doors. Stands, 
ladders, or platforms may be required to gain proximity to the area 
being checked.''

Corrective Actions

    (b) If any latch pin is found installed incorrectly during any 
inspection required by paragraph (a) of this AD, prior to further 
flight, accomplish the requirements of paragraphs (b)(1) and (b)(2) 
of this AD.
    (1) Reinstall the affected latch pin correctly, in accordance 
with Boeing Alert Service Bulletin 747-52A2258, dated June 1, 1995; 
as revised by Notices of Status Change 747-52A2258 NSC 1, dated July 
20, 1995; 747-52A2258 NSC 2, dated August 31, 1995; and 747-52A2258 
NSC 03, dated December 14, 1995.
    (2) Perform structural inspections to detect damage of the 
affected cargo door and doorway cutout, in accordance with a method 
approved by the Manager, Seattle Aircraft Certification Office 
(ACO), FAA, Transport Airplane Directorate.

Modification

    (c) Within 2 years after the effective date of this AD, modify 
the latch pin fittings of the forward and aft lower lobe cargo 
doors, in accordance with Boeing Service Bulletin 747-52-2260, 
Revision 1, dated March 21, 1996.

    Note 3: Modification of the latch pin fittings accomplished 
prior to the effective date of this AD in accordance with Boeing 
Service Bulletin 747-52-2260, dated December 14, 1995, is considered 
acceptable for compliance with paragraph (c) of this AD.

Alternative Methods of Compliance

    (d) 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 Maintenance 
Inspector, who may add comments and then send it to the Manager, 
Seattle ACO.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (e) 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.

Incorporation by Reference

    (f) Except as provided by paragraph (b)(2) of this AD, the 
actions shall be done in accordance with Boeing Alert Service 
Bulletin 747-52A2258, dated June 1, 1995; as revised by Notices of 
Status Change 747-52A2258 NSC 1, dated July 20, 1995; 747-52A2258 
NSC 2, dated August 31, 1995; and 747-52A2258 NSC 03, dated December 
14, 1995; and Boeing Service Bulletin 747-52-2260, Revision 1, dated 
March 21, 1996. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies may be obtained from Boeing Commercial 
Airplane Group, P.O. Box 3707, Seattle, Washington 98124-2207. 
Copies may be inspected at the FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.
    (g) This amendment becomes effective on March 13, 2000.

    Issued in Renton, Washington, on January 28, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-2411 Filed 2-4-00; 8:45 am]
BILLING CODE 4910-13-P