[Federal Register Volume 68, Number 245 (Monday, December 22, 2003)]
[Proposed Rules]
[Pages 71051-71053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31445]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-404-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757-200 and -200CB Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Boeing Model 757-
200 series airplanes, that currently requires modifications to the 
attachment installation of the forward lavatory. This action would add 
airplanes to the applicability of the existing AD. The actions 
specified by the proposed AD are intended to prevent failure of the 
attachment installation of the forward lavatory during an emergency 
landing, which could result in injury to the crew and passengers. This 
action is intended to address the identified unsafe condition.

[[Page 71052]]


DATES: Comments must be received by February 5, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-404-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. 2000-NM-404-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 for Windows or 
ASCII text.
    The service information referenced in the proposed rule 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.

FOR FURTHER INFORMATION CONTACT: David Crotty, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Transport 
Airplane Directorate, Seattle Aircraft Certification Office, 1601 Lind 
Avenue, SW., Renton, Washington 98055-4056; telephone (425) 917-6422; 
fax (425) 917-6590.

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 2000-NM-404-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. 2000-NM-404-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On April 19, 1999, the FAA issued AD 99-09-13, amendment 39-11146 
(64 FR 20146, April 26, 1999), applicable to certain Boeing Model 757-
200 series airplanes, to require modifications to the attachment 
installation of the forward lavatory. That action was prompted by a 
stress analysis report indicating that the forward lavatory could break 
free from the upper and/or lower attachments during an emergency 
landing. The requirements of that AD are intended to prevent failure of 
the attachment installation of the forward lavatory during an emergency 
landing, which could result in injury to the crew and passengers.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the manufacturer has issued Boeing 
Special Attention Service Bulletin 757-25-0181, Revision 1, dated 
November 21, 2000. The modifications described in this revision are the 
same as that described in the original service bulletin, which was 
referenced in AD 99-09-13 as the appropriate source of service 
information for accomplishing the required actions in that AD. However, 
Revision 1 of the service bulletin adds additional passenger airplanes 
to the effectivity listing that are subject to the identified unsafe 
condition.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Special Attention Service 
Bulletin 757-25-0181, Revision 1, dated November 21, 2000, which 
describes procedures for installation of a doubler to the upper 
attachment installation of the forward lavatory on passenger airplanes. 
Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition.

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 supersede AD 99-09-13 to continue to require 
modifications to the attachment installation of the forward lavatory. 
The proposed AD also would expand the applicability of the existing AD 
to include additional airplanes. The actions would be required to be 
accomplished in accordance with the service bulletin described 
previously.

Cost Impact

    There are approximately 694 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 355 airplanes of U.S. registry 
would be affected by this proposed AD.
    It would take approximately 4 work hours per airplane to accomplish 
the proposed modification, at an average labor rate of $65 per work 
hour. Required parts would cost approximately $100 per airplane. Based 
on these figures, the cost impact of the proposed modification on U.S. 
operators is estimated to be $127,800, or $360 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
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. The manufacturer may 
cover the cost of replacement parts associated with this proposed AD, 
subject to warranty conditions. Manufacturer warranty remedies may also 
be available for labor costs associated with this proposed AD.

[[Page 71053]]

As a result, the costs attributable to the proposed AD may be less than 
stated above.

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 removing amendment 39-11146 (64 FR 
20146, April 26, 1999) and by adding a new airworthiness directive 
(AD), to read as follows:

Boeing: Docket 2000-NM-404-AD. Supersedes AD 99-09-13, Amendment 39-
11146.

    Applicability: Model 757-200 and -200CB series airplanes; as 
listed in Boeing Special Attention Service Bulletin 757-25-0181, 
Revision 1, dated November 21, 2000; and as listed in Boeing Alert 
Service Bulletin 757-25A0187, dated September 18, 1997; certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the attachment installation of the forward 
lavatory during an emergency landing, which could result in injury 
to the crew and passengers, accomplish the following:

Restatement of Requirements of AD 99-09-13

    (a) For passenger airplanes identified in Boeing Service 
Bulletin 757-25-0181, dated June 26, 1997: Within 24 months or 3,000 
flight cycles after June 1, 1999 (the effective date of AD 99-09-13, 
amendment 39-11146), whichever occurs first, install a doubler to 
the upper attachment installation of the forward lavatory, in 
accordance with Boeing Service Bulletin 757-25-0181, dated June 26, 
1997.
    (b) For freighter airplanes identified in Boeing Alert Service 
Bulletin 757-25A0187, dated September 18, 1997: Within 24 months or 
3,000 flight cycles after June 1, 1999, whichever occurs first, 
install floor panel inserts, a retention fitting assembly, and a 
doubler assembly to the lower attachment installation of the forward 
lavatory, in accordance with Boeing Alert Service Bulletin 757-
25A0187, dated September 18, 1997.

New Requirements of This AD

    (c) For passenger airplanes identified in Boeing Special 
Attention Service Bulletin 757-25-0181, Revision 1, dated November 
21, 2000, other than those identified in paragraph (a) of this AD: 
Within 24 months after the effective date of this AD, install a 
doubler to the upper attachment installation of the forward 
lavatory, in accordance with the Work Instructions of Boeing Special 
Attention Service Bulletin 757-25-0181, Revision 1, dated November 
21, 2000.

Parts Installation

    (d) As of the effective date of this AD, no person shall install 
a floor panel, part number 141N5410-12 or 141N5410-28, on any 
airplane.

    Note 1: Floor panels having part numbers 141N5410-12 and 
141N5410-28 are only installed on freighter airplanes and are not 
used on passenger airplanes.

Installations Accomplished Per Previous Issues of Service Bulletin

    (e) Installations accomplished before the effective date of this 
AD per the original issue of Boeing Special Attention Service 
Bulletin 757-25-0181, dated June 26, 1997, are considered acceptable 
for compliance with the actions specified in paragraph (c) of this 
AD.

Alternative Methods of Compliance

    (f)(1) In accordance with 14 CFR 39.19, the Manager, Seattle 
Aircraft Certification Office, FAA, is authorized to approve 
alternative methods of compliance (AMOCs) for this AD.
    (2) Alternative methods of compliance, approved previously per 
AD 99-09-13, amendment 39-11146, that provide for the installation 
of an oversize doubler to the upper attachment installation of the 
forward lavatory, are approved as alternative methods of compliance 
with this AD.

    Issued in Renton, Washington, on December 12, 2003.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-31445 Filed 12-19-03; 8:45 am]
BILLING CODE 4910-13-P