[Federal Register Volume 66, Number 231 (Friday, November 30, 2001)]
[Rules and Regulations]
[Pages 59681-59683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29324]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-115-AD; Amendment 39-12518; AD 2001-24-02]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 707-100, -100B, -300, and 
-E3A (Military Airplanes); 727-100 and -200; 737-200, -200C, -300, -
400, and -500; 747SP and 747SR; 747-100B, -200B, -200C, -200F, -300, -
400, and -400D; 757-200 and -200PF; and 767-200 and -300 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 707-100, -100B, -300, and -E3A 
(military airplanes); 727-100 and -200; 737-200, -200C, -300, -400, and 
-500; 747SP and 747SR; 747-100B, -200B, -200C, -200F, -300, -400, and -
400D; 757-200 and -200PF; and 767-200 and -300 series airplanes. This 
AD requires inspection of the attachment of the shoulder restraint 
harness to the mounting bracket on certain observer and attendant seats 
to determine if a C-clip is used in the attachment, and corrective 
action, if necessary. This action is necessary to prevent detachment of 
the shoulder restraint harness of the attendant or observer seat from 
its mounting bracket during service, which could result in injury to 
the occupant of the seat. This action is intended to address the 
identified unsafe condition.

DATES: Effective January 4, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 4, 2002.

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 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: Keith Ladderud, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2780; 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 707-100, -
100B, -300, and -E3A (military airplanes); 727-100 and -200; 737-200, -
200C, -300, -400, and -500; 747SP and 747SR; 747-100B, -200B, -200C, -
200F, -300, -400, and -400D; 757-200 and -200PF; and 767-200 and -300 
series airplanes was published in the Federal Register on June 27, 2001 
(66 FR 34128). That action proposed to require inspection of the 
attachment of the shoulder restraint harness to the mounting bracket on 
certain observer and attendant seats to determine if a C-clip is used 
in the attachment, and corrective action, if necessary.

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.
    One commenter states that the proposed AD does not apply to its 
fleet.

Withdraw Proposed AD

    Two commenters request that the FAA withdraw the proposed AD. One 
commenter states that, on its fleet of Model 757 series airplanes, it 
has not observed any in-service problems with the shoulder restraint 
harness detaching from the mounting bracket. Therefore, it does not 
accept that the proposed modification is necessary.
    The FAA does not concur. Though the commenter has not observed any 
problems related to the identified unsafe condition, at least two other 
operators

[[Page 59682]]

have. Therefore, we find that it is necessary to require the 
modification in this AD.
    Another commenter requests that the FAA withdraw the proposed rule 
because Boeing needs to revise the referenced service bulletins by 
identifying the individual part numbers of affected seats, rather than 
identifying the airplanes by serial numbers. The commenter is concerned 
that the service bulletins and proposed AD identify the subject seats 
both as ``attendant'' and ``observer'' seats. The commenter notes that 
the term ``observer seat'' could be construed to include observer seats 
in the cockpit, which have a different restraint system. The commenter 
is also concerned that, because the service bulletins identify affected 
airplanes, not seat part numbers, operators that move seats from one 
airplane to another could inadvertently install an unmodified seat on 
an airplane on which all other subject seats have already been 
modified.
    We do not concur that it is necessary to withdraw the proposed 
rule. The restraint system is attached to the airplane, not to the 
attendant and observer seats; therefore, identifying the seats by part 
number would not provide any benefit. Also, the fact that when a seat 
is moved from one airplane to another, the restraint system for that 
seat remains with the airplane, should alleviate the commenter's 
concerns about exchanging seats between airplanes. Furthermore, 
although the commenter states that airplanes in its fleet have a 
restraint system on the cockpit observer seats other than the one 
addressed by this AD, other operators do have airplanes equipped with 
cockpit observer seats that employ the restraint system identified in 
this AD. No change to the AD is necessary in this regard.

Extend Compliance Time

    One of the commenters who requests withdrawal of the proposed rule 
asks us to extend the compliance time for the proposed AD if we do not 
concur to withdraw the proposed rule. The commenter suggests that we 
extend the compliance time from 18 to 24 months. The commenter's 
rationale is that it has not observed the unsafe condition on any of 
its airplane fleet (Model 757 series airplanes).
    We concur with the request to extend the compliance time of this 
AD. In developing a new compliance time for this AD, we considered not 
only the manufacturer's recommendation, but the degree of urgency 
associated with addressing the subject unsafe condition, and the 
average utilization of the affected fleet. In light of all of these 
factors, we find a 36-month compliance time for initiating the required 
actions to be warranted, in that it represents an appropriate interval 
of time allowable for affected airplanes to continue to operate without 
compromising safety. We have revised paragraph (a) of this AD 
accordingly.

Revise Preamble of AD

    One commenter requests that the ``Differences Between The Service 
Bulletins and This Proposed AD'' section of the proposed rule be 
revised to state that only two instances of detachment of the shoulder 
restraint harness of the attendant or observer seat from the mounting 
bracket have been reported, though this design has been in use for more 
than 40 years.
    We acknowledge the commenter's remarks on the number of occurrences 
of the unsafe condition and the duration of service of the design. 
However, the section referred to by the commenter is not restated in 
this final rule. Therefore, no change to the AD is necessary in this 
regard.

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 as proposed.

Cost Impact

    The table below estimates the cost impact of the inspection that is 
required by this AD. The average labor rate is $60 per work hour.

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                                                                     Number of
                                     Number of       Number of    work hours  (@    Total cost     Total  fleet
           Base model               airplanes/      airplanes/       0.25 work     per airplane        cost
                                     worldwide     U.S. registry    hour/seat)
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707.............................             250              21               1             $60          $1,260
727.............................           1,986             881               1              60          52,860
737.............................             921             437               2             120          52,440
747.............................             533              83               5             300          24,900
757.............................             262             257               2             120          30,840
767.............................             573             207               3             180          37,260
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    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. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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.

[[Page 59683]]

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:

2001-24-02  Boeing: Amendment 39-12518. Docket 2000-NM-115-AD.

    Applicability: Airplanes as listed in the table below; 
certificated in any category.

                                       Table 1.--Applicability of This AD
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           Models and series                       As listed in the following Boeing service bulletins
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Model 707-100, -100B, -300, and -E3A     3499, Revision 1, dated May 17, 2001.
 (Military).
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Model 727-100 and 727-200..............  727-25-0295, Revision 1, dated May 17, 2001.
Model 737 -200, -200C, -300, -400, and - 737-25-1412, Revision 1, dated May 17, 2001.
 500.
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Model 747SR, 747SP, and 747-100B, -      747-25-3244, Revision 1, dated May 17, 2001.
 200B, -200C, -200F, -300, -400, and -
 400D.
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Model 757-200 and 757-200PF............  757-25-0223, Revision 1, dated May 17, 2001.
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Model 767-200 and -300.................  767-25-0288, Revision 1, dated May 17, 2001
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    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 detachment of the shoulder restraint harness of the 
attendant or observer seat from its mounting bracket during service, 
which could result in injury to the occupant of the seat, accomplish 
the following:

Inspection and Corrective Action

    (a) Within 36 months after the effective date of this AD, do a 
one-time general visual inspection of the attachment of the shoulder 
restraint harness of each observer or attendant seat to determine if 
a C-clip is used in the attachment. Do the inspection according to 
Boeing Service Bulletin 3499, 727-25-0295, 737-25-1412, 747-25-3244, 
757-25-0223, or 767-25-0288; all Revision 1; all dated May 17, 2001; 
as applicable. If the shoulder harness is looped through the bracket 
and attached to itself with a C-clip, do paragraph (a)(1) or (a)(2) 
of this AD.
    (1) Remove and discard the C-clip, and reattach the shoulder 
harness to the mounting bracket, according to the service bulletin.

    Note 2: Removing and discarding the C-clip and reattaching the 
shoulder harness to the mounting bracket; according to Boeing 
Special Attention Service Bulletin 3499, 727-25-0295, 737-25-1412, 
747-25-3244, 757-25-0233, or 767-25-0288; all dated April 27, 2000; 
as applicable; is acceptable for compliance with the requirements of 
paragraph (a)(1) of this AD.

    (2) Install a second C-clip with the clip's opening positioned 
in the opposite direction of the opening of the existing C-clip, 
according to the optional method described in Steps 19 and 20 of 
Figure 1 or 2 of the applicable service bulletin.

Spares

    (b) As of the effective date of this AD, do not attach the 
shoulder restraint harness of an observer or attendant seat on any 
airplane to the mounting bracket using a C-clip, unless the 
requirements of paragraph (a)(2) of this AD are done.

Alternative Methods of Compliance

    (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 Aircraft Certification 
Office (ACO), FAA. 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 3: 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

    (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.

Incorporation by Reference

    (e) The actions shall be done in accordance with Boeing Service 
Bulletin 3499, Revision 1, dated May 17, 2001; Boeing Service 
Bulletin 727-25-0295, Revision 1, dated May 17, 2001; Boeing Service 
Bulletin 737-25-1412, Revision 1, dated May 17, 2001; Boeing Service 
Bulletin 747-25-3244, Revision 1, dated May 17, 2001; Boeing Service 
Bulletin 757-25-0223, Revision 1, dated May 17, 2001; or Boeing 
Service Bulletin 767-25-0288, Revision 1, dated May 17, 2001; as 
applicable. 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.

Effective Date

    (f) This amendment becomes effective on January 4, 2002.

    Issued in Renton, Washington, on November 16, 2001.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-29324 Filed 11-29-01; 8:45 am]
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