[Federal Register Volume 68, Number 145 (Tuesday, July 29, 2003)]
[Proposed Rules]
[Pages 44495-44497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19196]



[[Page 44495]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-91-AD]
RIN 2120-AA64


Airworthiness Directives; Various Transport Category Airplanes on 
Which Cargo Restraint Strap Assemblies Have Been Installed Per 
Supplemental Type Certificate (STC) ST01004NY

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 various transport category 
airplanes on which cargo restraint strap assemblies have been installed 
per STC ST01004NY. This proposal would require revising the Airplane 
Flight Manual to include a procedure for discontinuing the use of 
certain cargo restraint strap assemblies that have been installed per 
STC ST01004NY if used as the only cargo restraint. This action is 
necessary to prevent shifting or unrestrained cargo in the cargo 
compartment, which could cause an unexpected change in the airplane's 
center of gravity, damage to the airplane structure and/or flight 
control system, a hazard to the flightcrew, and/or possible loss of 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by September 12, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-91-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-91-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.

FOR FURTHER INFORMATION CONTACT: Jon Hjelm, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New 
York 11581; telephone (516) 256-7523; fax (516) 568-2716.

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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-91-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. 2002-NM-91-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received reports of incorrect installation of cargo 
restraint strap assemblies having part number 1519-MCIDS. These cargo 
restraint strap assemblies are manufactured by Airline Container 
Manufacturing Company, Inc., and are installed on various transport 
category airplanes per Supplemental Type Certificate (STC) ST01004NY. 
Reports also indicate the use of incorrect pallet and strap 
combinations, and the use of straps inappropriate for the type of cargo 
to be restrained. In addition, reports indicate that, upon landing, the 
strap assemblies were disassembled, and no record was made of the 
incidents. Shifting or unrestrained cargo in the cargo compartment due 
to such conditions could cause an unexpected change in the airplane's 
center of gravity, damage to the airplane structure and/or flight 
control system, a hazard to the flightcrew, and/or possible loss of 
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 Flight Manual (AFM) to include a procedure for discontinuing 
the use of certain cargo restraint strap assemblies that have been 
installed per STC ST01004NY if used as the only cargo restraint. The 
actions would be required to be accomplished per a method approved by 
the FAA. We have determined that, although such cargo restraint strap 
assemblies may not be used as the only restraint, the strap assemblies 
may be used as a supplemental restraint in conjunction with TSO C90c 
Type I cargo nets or other FAA-approved assemblies for securing cargo 
to pallets only.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 1,150 transport category airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 735 
airplanes of U.S. registry would be affected by this proposed AD, that 
it would take approximately 1 work hour per airplane

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to accomplish the proposed AFM revision, and that the average labor 
rate is $65 per work hour. Based on these figures, the cost impact of 
the proposed AD on U.S. operators is estimated to be $47,775, or $65 
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 proposed 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 proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    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:

Transport Category Airplanes: Docket 2002-NM-91-AD.

    Applicability: The following transport category airplanes on 
which cargo restraint strap assemblies have been installed per 
Supplemental Type Certificate (STC) ST01004NY, certificated in any 
category:

                                      Table--Manufacturers/Airplane Models
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                        Manufacturer                                            Airplane model
----------------------------------------------------------------------------------------------------------------
Aerospatiale...............................................  ATR42 and ATR72 series airplanes.
Airbus.....................................................  A300 B2 and A300 B4 series airplanes; A300 B4-600,
                                                              A300 B4-600R, and A300 F4-600R (collectively
                                                              called A300-600) series airplanes; A310, A320,
                                                              A321, A330, and A340 series airplanes.
Boeing.....................................................  707-100, 707-200, 707-100B, and 707-100B series
                                                              airplanes; 727, 737, 747, 757, and 767 series
                                                              airplanes.
British Aerospace..........................................  BAe 146 series airplanes; Avro 146-RJ series
                                                              airplanes.
Fokker.....................................................  F27 and F.28 series airplanes.
Lockheed...................................................  188A and 188C airplanes, L-1011 series airplanes.
Maryland Air Industries, Inc...............................  F-27 series airplanes, FH-227 series airplanes.
McDonnell Douglas..........................................  DC-7, DC-7B, and DC-7C airplanes;
                                                             DC-8-11, DC-8-12, DC-8-21, C-8-31, DC-8-32, DC-8-
                                                              33, DC-8-41, DC-8-42, and DC-8-43 airplanes; DC-8-
                                                              51, DC-8-52, DC-8-53, and DC-8-55 airplanes;
                                                             DC-8F-54 and DC-8F-55 airplanes;
                                                             DC-8-61, DC-8-62, and DC-8-63 airplanes; DC-8-61F,
                                                              DC-8-62F, and DC-8-63F airplanes;
                                                             DC-8-71, DC-8-72, and DC-8-73 airplanes; DC-8-71F,
                                                              DC-8-72F, and DC-8-73F airplanes;
                                                             DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-15, and DC-
                                                              9-15F airplanes;
                                                             DC-9-21 airplanes; DC-9-31, DC-9-32, DC-9-32 (VC-
                                                              9C), DC-9-32F, DC-9-33F, DC-9-34, DC-9-34F, DC-9-
                                                              41, DC-9-51, DC-9-81 (MD-81), DC-9-82 (MD-82), DC-
                                                              9-83 (MD-83), and DC-9-87 (MD-87) airplanes;
                                                             MD-88 airplanes;
                                                             MD-90-30 airplanes;
                                                             717-200 airplanes;
                                                             DC-10-10 and DC-10-10F airplanes; DC-10-15
                                                              airplanes; DC-10-30 and DC-10-30F (KDC-10)
                                                              airplanes; DC-10-40 and DC-10-40F airplanes;
                                                             MD-10-10F and MD-10-30F airplanes;
                                                             MD-11 and MD-11F airplanes.
----------------------------------------------------------------------------------------------------------------

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent shifting or unrestrained cargo in the cargo 
compartment, which could cause an unexpected change in the 
airplane's center of gravity, damage to the airplane structure and/
or flight control system, a hazard to the flightcrew, and/or 
possible loss of controllability of the airplane, accomplish the 
following:

Airplane Flight Manual (AFM) Revision

    (a) Within 10 days after the effective date of this AD, revise 
the Limitations Section of the AFM to include the following 
information (this may be accomplished by inserting a copy of this AD 
into the AFM):

Discontinue the use of Airline Container Manufacturing Company, 
Inc., cargo restraint straps, part number P/N 1519-MCIDS, as the 
only means of securing cargo to Technical Standard Order (TSO) C90c/
NAS3610 pallets. Such cargo restraint straps may continue to be used 
as supplemental restraints, if used with TSO C90c Type I cargo nets, 
or other FAA-approved cargo nets. (The subject cargo restraint 
straps were installed per Airline Container Manufacturing Company, 
Inc., Report No. 289A, Installation Instructions, Revision D, per 
Supplemental Type Certificate (STC) ST01004NY.)


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    Note 1: If the statement in paragraph (a) of this AD has been 
incorporated into the general revisions of the AFM, the general 
revisions may be incorporated into the AFM, and the copy of this AD 
may then be removed from the AFM.

Alternative Methods of Compliance

    (b) 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, New York 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, New York ACO.

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

Special Flight Permits

    (c) 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 July 22, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-19196 Filed 7-28-03; 8:45 am]
BILLING CODE 4910-13-P