[Federal Register Volume 69, Number 115 (Wednesday, June 16, 2004)]
[Proposed Rules]
[Pages 33597-33599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13560]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-33-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-300 and -400ER Series 
Airplanes

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 certain Boeing Model 767-300 and -
400ER series airplanes. This proposal would require replacing the tie 
rods for the waste tank cradle, related investigative actions, 
corrective actions, and special retrofit action if necessary. This 
action is necessary to prevent possible failure of the main deck floor 
stanchions and consequent collapse of the main floor during an 
emergency landing, which could result in passenger injury and impede 
passenger evacuation from the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by August 2, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2004-NM-33-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-33-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 the proposed rule 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.

[[Page 33598]]


FOR FURTHER INFORMATION CONTACT: Susan Rosanske, 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) 917-6448; 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:
     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 proposed 
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 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 2004-NM-33-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. 2004-NM-33-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report from the airplane manufacturer 
indicating that an internal design review revealed that the tie rods on 
certain Boeing Model 767-300 and -400ER series airplanes, which support 
the waste tank cradle, do not meet the 9g forward emergency landing 
load requirements. If a 9g forward event occurs, the tie rods could 
fail. Failure of the tie rods could result in damage to or possible 
failure of the main deck floor stanchions and consequent collapse of 
the main floor, which could result in passenger injury and impede 
passenger evacuation from the airplane in an emergency situation.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletins 
767-38A0062 (for Model 767-300 series airplanes) and 767-38A0063 (for 
Model 767-400ER series airplanes), both dated August 15, 2002, which 
describe procedures for replacing the tie rods for the waste tank 
cradle with new, improved tie rods, related investigative actions, 
corrective actions, and special retrofit action if necessary. The 
related investigative actions are general and detailed visual 
inspections of the tie rods and fittings for structural damage (i.e., 
deformation, cracks, or other damage). The corrective actions are 
measuring the old tie rods to adjust the new tie rods for proper fit; 
removing the old tie rods; and installing the new tie rods. The special 
retrofit action is contacting Boeing for special retrofit procedures in 
the event that structural damage is found during the related 
investigative actions. Accomplishment of the actions specified in the 
service bulletins 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 require accomplishment of the actions specified in 
the applicable service bulletin described previously, except as 
discussed below.

Difference Between Proposed Rule and Service Bulletins

    Although the service bulletins specify that operators may contact 
the manufacturer for disposition of certain repair conditions, this 
proposed AD would require operators to repair those conditions per a 
method approved by the FAA.

Cost Impact

    There are approximately 97 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 42 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
2 work hours per airplane to accomplish the proposed actions, and that 
the average labor rate is $65 per work hour. Required parts would cost 
approximately $2,471 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be 
$109,242, or $2,601 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. 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. 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

[[Page 33599]]

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:

Boeing: Docket 2004-NM-33-AD.

    Applicability: Model 767-300 series airplanes, as listed in 
Boeing Alert Service Bulletin 767-38A0062, dated August 15, 2002; 
and Model 767-400ER series airplanes, as listed in Boeing Alert 
Service Bulletin 767-38A0063, dated August 15, 2002; certificated in 
any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the main deck floor stanchions and 
consequent collapse of the main floor during an emergency landing, 
which could result in passenger injury and impede passenger 
evacuation from the airplane, accomplish the following:

Replacement and Related Investigative and Corrective Actions and 
Retrofit Action

    (a) Within 18 months after the effective date of this AD: 
Replace the four tie rods for the waste tank cradle with new tie 
rods and do all applicable related investigative actions/corrective 
and special retrofit actions by accomplishing all the actions in the 
Accomplishment Instructions of Boeing Alert Service Bulletins 767-
38A0062 (for Model 767-300 series airplanes) and 767-38A0063 (for 
Model 767-400ER series airplanes), both dated August 15, 2002; as 
applicable. Do the actions in accordance with the applicable service 
bulletin except as provided by paragraph (b) of this AD. Accomplish 
any related investigative, corrective, or special retrofit action 
before further flight.
    (b) If any deformation, crack, or other damage is found during 
any related investigative action required by paragraph (a) of this 
AD, and the bulletin specifies contacting Boeing for appropriate 
action: Before further flight, perform the special retrofit action 
per a method approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA. For a retrofit method to be approved by the 
Manager, Seattle ACO, as required by this paragraph, the Manager's 
approval letter must specifically refer to this AD.

Parts Installation

    (c) As of the effective date of this AD, no person may install 
any tie rod for the waste tank cradle having part number 251T0100-
1401, 251T0100-1402, 251T0100-1403, or 251T0100-1404, on any 
airplane.

Alternative Methods of Compliance

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

    Issued in Renton, Washington, on June 7, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-13560 Filed 6-15-04; 8:45 am]
BILLING CODE 4910-13-U