[Federal Register Volume 69, Number 82 (Wednesday, April 28, 2004)]
[Rules and Regulations]
[Pages 23098-23099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9378]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-42-AD; Amendment 39-13593; AD 2004-09-04]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747 -400 and -400D 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 Model 747-400 and 400D series airplanes. 
This action requires installation of tie bars on the rails of the 
center passenger service units (PSU) panel in Zone A. This action is 
necessary to prevent PSU panels from moving and falling from the PSU 
support rails during takeoff and landing, which could result in injury 
to passengers and could impede evacuation of the passengers in an 
emergency situation. This action is intended to address the identified 
unsafe condition.

DATES: Effective May 13, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of May 13, 2004.
    Comments for inclusion in the Rules Docket must be received on or 
before June 28, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2004-NM-42-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. 2004-NM-42-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 this AD may be obtained from 
Boeing Commercial Airplanes, 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: Patrick Gillespie, 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) 917-6429; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: The FAA has received a report that, during 
manufacture, panel tie bars were not installed on the rails of the 
center passenger service units (PSU) panel in Zone A on certain Boeing 
Model 747-400 series airplanes. If the tie bars in Zone A are not 
installed, the PSU panels can move from their location on the PSU rails 
during flexure of the rails. When the PSU panel is on the top side of 
the PSU rail horizontal flange, it is possible for the PSU door to 
function incorrectly. Such incorrect functioning of the PSU door could 
result in the PSU panels falling into the passenger cabin. This 
condition, if not corrected, could result in PSU panels falling from 
the PSU support rails during takeoff or landing, which could result in 
injury to passengers and could impede evacuation of the passengers in 
an emergency situation.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Special Attention Service 
Bulletin (SASB), 747-25-3111, Revision 2, dated April 24, 2003. For 
certain airplanes specified as Group 1 airplanes in the SASB, 
procedures are described to remove the existing aluminum tie bars of 
the PSUs and to install new plastic PSU tie bars. For certain other 
airplanes specified as Group 2 airplanes in the SASB, procedures are 
described to install tie bars on the rails of the center PSU panel in 
Zone A. Installation of the tie bars for Group 2 airplanes is intended 
to adequately address the identified unsafe condition.

Related Rulemaking

    On August 3, 1990, we issued AD 90-17-07, amendment 39-6695 (55 FR 
33100) which is applicable to certain Boeing Model 747-400 series 
airplanes. That AD requires modification of the PSU support rails per 
Boeing Service Bulletin 747-25-2853, dated March 1, 1990.

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 PSU panels from moving and falling from the PSU 
support rails during takeoff or landing, which could result in injury 
to passengers and could impede evacuation of the passengers in an 
emergency situation. This AD requires installation of tie bars on the 
rails of the center PSU panels. With the exception noted in the 
following ``Differences Between the SASB and the AD'' section, the 
actions are required to be accomplished in accordance with the SASB 
described previously.

Differences Between the SASB and the AD

    Although the Boeing SASB describes replacing aluminum tie bars with 
new plastic ties bars for certain airplanes, this AD does not require 
such replacement. We consider that the replacement of the aluminum tie 
bars with new plastic PSU tie bars to be an optional action that is 
provided mainly for the operator's benefit or convenience, since the 
new plastic PSU tie bars weigh less than the aluminum tie bars. 
Further, replacing the aluminum tie bars with the plastic tie bars does 
not address the identified unsafe condition specified in this AD.
    Additionally, the Boeing SASB does not suggest a particular 
compliance time. We have determined that a compliance time of ``within 
18 months after the effective date of this AD'' will provide adequate 
time to perform the installation of the tie bars and yet will provide 
an acceptable level of safety.

Cost Impact

    None of the Model 747-400 or 400D series 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 approximately 1 work hour to 
accomplish the required actions, at an average labor rate of $65 per 
work hour.

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Required parts will be furnished at no cost to operators. Based on 
these figures, the cost impact of this AD would be $65 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:

     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.
     For each issue, state what specific change to 
the AD is being requested.
     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 2004-NM-42-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:

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:

2004-09-04 Boeing: Amendment 39-13593. Docket 2004-NM-42-AD.

    Applicability: Model 747-400 and -400D series airplanes, 
identified as Group 2 airplanes in Boeing Special Attention Service 
Bulletin 747-25-3111, Revision 2, dated April 24, 2003; certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent passenger service unit (PSU) panels from moving and 
falling from the PSU support rails during takeoff or landing, which 
could result in injury to passengers and could impede evacuation of 
the passengers in an emergency situation; accomplish the following:

Installation of Tie Bars

    (a) Within 18 months after the effective date of this AD, 
install tie bars in Zone A on the rails of the center PSU panels, 
per the Accomplishment Instructions of Boeing Special Attention 
Service Bulletin 747-25-3111, Revision 2, dated April 24, 2003.

Alternative Methods of Compliance

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

Incorporation by Reference

    (c) The actions shall be done in accordance with Boeing Special 
Attention Service Bulletin 747-25-3111, Revision 2, dated April 24, 
2003. 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 Airplanes, 
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

    (d) This amendment becomes effective on May 13, 2004.

    Issued in Renton, Washington, on April 16, 2004.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-9378 Filed 4-27-04; 8:45 am]
BILLING CODE 4910-13-P