[Federal Register Volume 68, Number 193 (Monday, October 6, 2003)]
[Rules and Regulations]
[Pages 57609-57611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24976]



[[Page 57609]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-106-AD; Amendment 39-13326; AD 2003-20-08]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747SP and 747SR; 747-100B, 
-200B, -200C, -200F, -300, -400, and -400D; and 767-200 and -300 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing transport category airplanes. This action 
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 October 21, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 21, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before December 5, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-106-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-106-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.
    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 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.

FOR FURTHER INFORMATION CONTACT: Keith Ladderud, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 917-6435; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: The FAA has received reports that the 
shoulder restraint harness of the attendant or observer seat detached 
from the mounting bracket during service on two Boeing Model 737-300 
series airplanes. In the reported incidents, the restraint harness was 
attached to the mounting bracket with a C-clip. Such detachment of the 
shoulder restraint harness from its mounting bracket during service, if 
not corrected, could result in injury to the occupant of the seat.

Similar Model Airplanes

    The shoulder restraint harness installations on Boeing Model 737-
300 series airplanes are identical to those on certain Boeing Model 
747SP and 747SR; 747-100B, -200B, -200C, -200F, -300, -400, and -400D; 
and 767-200 and -300 series airplanes. Therefore, the shoulder 
restraint harnesses on these models may have a C-clip installed and 
thus be subject to the same unsafe condition.

Related Rulemaking

    On November 16, 2001, the FAA issued AD 2001-24-02 (66 FR 59681, 
November 30, 2001), which 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. That 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. That 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.

Since the Issuance of That AD

    Since the issuance of that AD, the FAA has determined that the same 
unsafe condition addressed in that AD may exist on an additional 21 
Model 747SP and 747SR, 747-100B, -200B, -200C, -200F, -300, -400, and -
400D series airplanes; and an additional 23 Model 767-200 and -300 
series airplanes. None of the additional airplanes are on the U.S. 
registry.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Special Attention Service 
Bulletin 747-25-3244, Revision 4, dated June 26, 2003; and Boeing 
Service Bulletin 767-25-0288, Revision 3, dated August 1, 2002. Those 
service bulletins describe procedures for a one-time inspection of the 
attachment of the shoulder restraint harness of certain attendant or 
observer seats to the mounting bracket to determine if a C-clip is used 
in the attachment. If the shoulder restraint harness is looped through 
the bracket and attached to itself with a C-clip, the service bulletins 
provide two alternative methods for correcting this condition. One 
method instructs operators to attach the shoulder restraint harness 
directly to the mounting bracket by removing and discarding the C-clip, 
removing the mounting bracket, putting the mounting bracket through the 
loop of the shoulder harness, and attaching the mounting bracket in its 
original position. The service bulletin also describes a second method 
to correct the condition that involves installation of a second C-clip 
with the clip's opening positioned in the opposite direction of the 
opening of the existing C-clip. The service bulletins also revise the 
effectivity by adding certain airplanes and removing certain other 
airplanes. Accomplishment of either of the methods described in the 
service bulletins is intended to adequately address the identified 
unsafe condition.

Explanation of Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design that may be 
registered in the United States at some time in the future, this AD is 
being issued 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 
AD

[[Page 57610]]

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. The actions are required to be accomplished in accordance 
with the service bulletins described previously, except as discussed 
below.

Differences Between the Service Bulletins and This AD

    Operators should note that, although the service bulletins 
recommend accomplishing the inspection ``at the next scheduled 
maintenance period when manpower and equipment are available,'' the FAA 
has determined that such an indefinite compliance time would not 
address the identified unsafe condition in a timely manner. In 
developing an appropriate compliance time for this AD, the FAA 
considered not only the manufacturer's recommendation, but the degree 
of urgency associated with addressing the subject unsafe condition, the 
average utilization of the affected fleet, and the time necessary to 
perform the required actions. In light of all of these factors, the FAA 
finds 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.
    In addition, the service bulletins do not identify the type of 
inspection that is involved in the procedures for inspecting the 
attachment of the shoulder restraint harness to determine if a C-clip 
is used. The FAA refers to this inspection in this AD as a ``general 
visual'' inspection.

Changes to 14 CFR part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance (AMOCs). Because we have now included this material in part 
39, only the office authorized to approve AMOCs is identified in each 
individual AD.

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

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes included in the applicability of this rule 
currently are operated by non-U.S. operators under foreign registry; 
therefore, they are not directly affected by this AD action. However, 
the FAA considers that this rule is necessary to ensure that the unsafe 
condition is addressed in the event that any of these subject airplanes 
are imported and placed on the U.S. Register in the future.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require between 1 hour and 5 hours 
(depending on the number of attendant/observer seats installed on the 
airplane) to accomplish the inspection, at an average labor rate of $65 
per work hour. Based on these figures, the cost impact of this AD would 
be between $65 and $325 per airplane.

Determination of Rule's Effective Date

    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, prior notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, comments are 
invited on this rule. Interested persons are invited to comment on this 
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 under the caption 
ADDRESSES. All communications received on or before the closing date 
for comments will be considered, and this rule may be amended in light 
of the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of the AD action and determining whether additional 
rulemaking action would be needed.
    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 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 rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-106-AD.'' The postcard will be date stamped 
and returned to the commenter.

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.

Adoption of the Amendment

0
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:

[[Page 57611]]

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-20-08 Boeing: Amendment 39-13326. Docket 2002-NM-106-AD.

    Applicability: Airplanes, certificated in any category, as 
listed in Table 1 of this AD below:

                         Table 1.--Applicability
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                                             As listed in the following
             Models and series                Boeing Service Bulletins
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Model 747SR and 747SP, and 747-100B, -      747-25-3244, Revision 4,
 200B, -200C, -200F, -300, -400, and -400D.  dated June 26, 2003.
Model 767-200 and -300....................  767-25-0288, Revision 3,
                                             dated August 1, 2002.
------------------------------------------------------------------------

    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 747-25-3244, Revision 4, dated June 26, 
2003; or Boeing Special Attention Service Bulletin 767-25-0288, 
Revision 3, dated August 1, 2002; 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.

    Note 1: 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 obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight 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.''

    (1) Remove and discard the C-clip, and reattach the shoulder 
harness to the mounting bracket, according to the service bulletin.
    (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.

Acceptable for Compliance

    (b) Removing and discarding the C-clip and reattaching the 
shoulder harness to the mounting bracket; according to Boeing 
Service Bulletin 747-25-3244, Revision 1, dated May 17, 2001, 
Revision 2, dated April 4, 2002, or Revision 3, dated August 1, 
2002; Boeing Service Bulletin 767-25-0288, Revision 1, dated May 17, 
2001, or Revision 2, dated April 4, 2002; as applicable; is 
acceptable for compliance with the requirements of paragraph (a)(1) 
of this AD.

Parts Installation

    (c) 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 required 
actions specified in paragraph (a)(2) of this AD are done.

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, Seattle 
Aircraft Certification Office, FAA, is authorized to approve 
alternative methods of compliance for this AD.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Service Bulletin 747-25-3244, 
Revision 4, dated June 26, 2003; or Boeing Special Attention Service 
Bulletin 767-25-0288, Revision 3, dated August 1, 2002; 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 October 21, 2003.


    Issued in Renton, Washington, on September 26, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-24976 Filed 10-3-03; 8:45 am]
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